On the agenda: Littleton meeting — FLOCK Safety (Aug 31)

Received: AS
Date/Time: 8/27/26 – 3:40 PM
Revised:
Date/Time:

Town of Littleton
Select Board
Joint Meeting with Board of Assessors and
Park and Recreation Commission

AGENDA
August 31, 2026 at 6:30 PM
Littleton Town Offices – 37 Shattuck Street, Room 103
Notice of public meeting as required by M.G.L. Chpt.30A §18-28

Public meetings may be broadcast live, streamed live, or recorded for later playback on LCTV and/or the Internet.
PARTICIPANTS/ATTENDEES ARE REMINDED THAT BY JOINING THIS MEETING THAT YOU CONSENT TO YOUR
LIKENESS AND AUDIO BEING USED AND REBROADCAST BY LCTV. If attending virtually, please identify your screen
name with your full name. This is to protect the integrity of the meeting. Attendees of all public meetings should be aware of
Massachusetts Recording Law M.G.L. Ch. 20A §20 (f)* if they are personally considering recording any part of a meeting or a
meeting in its entirety. The listings of matters are those reasonably anticipated by the Chair 48 hours before said meeting, which
may be discussed at the meeting. Not all items listed may be discussed. Items may be taken out of order and differ from those
listed below. Other items not listed may also be brought up for discussion to the extent permitted by law.

6:30 PM

1. Organization / Pledge of Allegiance / Read Mail / Moment of Silence
A. Moment of Silence for Lawrence (Larry) Castagneto
B. Moment of Silence for retired Littleton Firefighter Dwayne Banks
C. Moment of Silence for Neil John Fitzpatrick

6:40 PM

2. Joint Meeting with the Board of Assessors
A. To appoint a new member due to member resignation

6:50 PM

3. Joint Meeting with the Park and Recreation Commission
A. To appoint a new member due to member resignation

7:15 PM

4. Public Hearing
A. Violation of Dangerous Dog Order Issued Pursuant to M.G.L. c. 140 §157

8:00 PM

5. Department/Board Updates and Requests
A. Human Resources – Vote to appoint Mark Scola to Deputy Chief of Police pending
Memorandum of Understanding (MOU) or Side Letter agreement at Grade 17, Step 6
B. Human Resources – Vote to appoint Patrick O’Donoghue to Police Lieutenant pending
Memorandum of Understanding (MOU) or Side Letter agreement at Grade 15, Step 5
C. Human Resources – Vote to appoint Kimberly Tocci to Police Lieutenant pending
Memorandum of Understanding (MOU) or Side Letter agreement at Grade 15, Step 5
D. Human resources – Vote to appoint Jeffrey Patterson to Reserve Police Officer effective
9/2/2026 at Grade 10, Step 10
E. Vote to approve the Employee Handbook revisions effective 9/1/2026 in the following
sections:
1. Section III - Classification and Compensation, B. Compensation, 10. Stipends
2. Section V - Harassment/Sexual Harassment, F. State and Federal Remedies
3. Section XIX – Vehicle Usage Policy
F. Department of Public Works – Vote to award a contract to PJ Keating for resurfacing and
related work in the amount of $467,442.64.

8:30 PM

6. Public Input/Members’ Updates
Public Input will last for 10 minutes, and speakers are allowed to speak for no longer than 2
minutes. Speakers addressing the Select Board are required to do so from the podium and provide
name and address for the record, and all comments must be made through the Chair.
The Select Board will also provide updates, as warranted, on the following projects:
• Flock Security Cameras
• Nagog Orchard
• Charter Committee

8:45 PM

7. Appointments
A. Appoint Jane Lamb to the Cultural Council

8:50 PM

8. Licensing
A. Point Hospitality Pledge of License Application

9:00 PM

9. Select Board Discussions
A. Discussion and vote on cancellation of the contract with FLOCK Safety

9:00 PM

10. Town Administrator Update
A. Update on municipal operations, projects and initiatives

9:15 PM

11. Minutes
A. Approve the minutes of August 10, 2026

9:20 PM

ANTICIPATED ADJOURNMENT

*After notifying the chair of the public body, any person may make a video or audio recording of an open session of a meeting
of a public body, or may transmit the meeting through any medium, subject to reasonable requirements of the chair as to the
number, placement and operation of equipment used so as not to interfere with the conduct of the meeting. At the beginning of
the meeting, the chair shall inform other attendees of any recordings.

Littleton Select Board
AGENDA ACTION REQUEST

August 31, 2026

1

MAIL
Requested by: James A. Duggan, Town Administrator

Proposed Motion(s)
None are anticipated at this time.
Additional Information
Included in the Board’s packet is:
1. Current Openings on Town Boards
2. Select Board Office Hours

Action Sought: None anticipated

TOWN OF LITTLETON

Received: AS
Date/Time: 8/20/26 – 8:30 AM
Revised:
Date/Time:

PUBLIC NOTICE

CURRENT VACANCIES ON TOWN BOARDS
Applications are invited from residents of the Town of Littleton for the following Town board
positions appointed by the Select Board. Application forms are available online at
https://littletonmaboards.vt-s.net/newcaf.php or at the Office of the Select Board/Town
Administrator - Town of Littleton, 37 Shattuck Street, Littleton, MA 01460. Application
submissions will be accepted and interviews/appointments will be made by the Select Board on a
rolling basis until the positions are filled.

APPOINTED BY THE SELECT BOARD:
• AGRICULTURAL COMMISSION
One (1) citizen-at-large - term expiring June 30, 2027
One (1) citizen-at-large - term expiring June 30, 2028
• CLEAN LAKES COMMITTEE
One (1) Mill Pond Alternate – term expiring June 30, 2027
One (1) Spectacle Pond Alternate – term expiring June 30, 2029
• COMMITTEE FOR THE EXPLORATION OF REAL ESTATE TAX RELIEF
FOR SENIORS
One (1) member – term expiring June 30, 2027
• CULTURAL COUNCIL
One (1) member – term expiring June 30, 2029
One (1) member – term expiring June 30, 2028
• DISABILITY COMMISSION
One (1) member – term expiring June 30, 2027
• ECONOMIC DEVELOPMENT COMMITTEE
(Three) 3 members – No expiration date
• HISTORICAL COMMISSION
One (1) member – Term expiring June 30, 2029
• PERMANENT MUNICIPAL BUILDING COMMITTEE
One (1) member – term expiring June 30, 2029
• PERSONNEL ADVISORY COMMITTEE
One (1) member – term expiring June 30, 2028
• SUSTAINABILITY COMMITTEE
One (1) member – term expiring June 30, 2029
• ZONING BOARD OF APPEALS
One (1) alternate - term expiring June 30, 2027
One (1) alternate – term expiring June 30, 2029

BOARD OF ASSESSORS – JOINT APPOINTMENT
One (1) member due to member resignation (moved out of Town) and receipt of
letter from Board of Assessors in June. Term will expire after the May 2027
Annual Town Election.
LITTLETON SELECT BOARD
GARY WILSON, CHAIR

TOWN OF LITTLETON
OFFICE OF THE

SELECT BOARD
37 SHATTUCK STREET, P.O. BOX 1305
LITTLETON, MASSACHUSETTS 01460
(978) 540-2460

Select Board Office Hours
Select Board Office Hours are scheduled for the following dates. All office hours will take place at the
Reuben Hoar Library in the Historical Room unless indicated otherwise.
Friday, September 4th from 10:30-12:00 with Karen Morrison
Wednesday, September 16th from 4:00-6:00 with Mark Rambacher
Friday, September 25th from 3:00-4:00 with Kyle Bubp
Friday, October 2nd from 10:30-12:00 with Karen Morrison
Wednesday, October 21st from 4:00-6:00 with Mark Rambacher
Friday, October 30th from 3:00-4:00 with Kyle Bubp
Friday, November 6th from 10:30-12:00 with Karen Morrison
Wednesday, November 18th from 4:00-6:00 with Mark Rambacher
Friday, December 4th from 1:00-2:30 with Karen Morrison
Wednesday, December 16th from 4:00-6:00 with Mark Rambacher
Friday, December 18th from 3:00-4:00 with Kyle Bubp
Wednesday, January 20th from 4:00-6:00 with Mark Rambacher
Friday January 29th 3:00-4:00 with Kyle Bubp
Wednesday, February 17th from 4:00-6:00 with Mark Rambacher
Friday, February 26th 3:00-4:00 with Kyle Bubp
Wednesday, March 17th from 4:00-6:00 with Mark Rambacher

Friday, March 26th 3:00-4:00 with Kyle Bubp
Wednesday, April 21st from 4:00-6:00 with Mark Rambacher
Friday, 30th April 3:00-4:00 with Kyle Bubp
Wednesday, May 19th from 4:00-6:00 with Mark Rambacher
Friday, May 28th 3:00-4:00 with Kyle Bubp

1A

Littleton Select Board
AGENDA ACTION REQUEST

August 31, 2026

Moment of Silence
Requested by: James A. Duggan, Town Administrator

Action Sought: None anticipated

Proposed Motion(s)
None are anticipated at this time.
Additional Information
Moment of Silence for Lawrence (Larry) Castagneto who passed away on August 18,
2026 at the age of 87.
Larry was a 1st Lt of the US Army and bravely served in the Vietnam War.

Littleton Select Board
AGENDA ACTION REQUEST

August 31, 2026

1B

Moment of Silence
Requested by: James A. Duggan, Town Administrator

Action Sought: None anticipated

Proposed Motion(s)
None are anticipated at this time.
Additional Information
Moment of Silence for Dwayne Banks, retired Littleton Firefighter who served
the Littleton Fire Department from 1978- 2010.

Littleton Select Board
AGENDA ACTION REQUEST

August 31, 2026

1C

Moment of Silence
Requested by: James A. Duggan, Town Administrator

Action Sought: None anticipated

Proposed Motion(s)
None are anticipated at this time.
Additional Information
Moment of Silence for Neil John Fitzpatrick who passed away on August 17, 2026.
Neil served in the US Air Force.

2A

Littleton Select Board
AGENDA ACTION REQUEST

August 31, 2026

Joint Meeting with Board of Assessors
Discussion and possible vote on the appointment to fill a vacancy on the
Board of Assessors, with the appointee to serve until the May 2027
Annual Town Election
Requested by: Select Board

Action Sought: Interview/Appoint

Proposed Motion(s)
MOVE that the Select Board and the remaining members of the Board of Assessors
vote, pursuant to MGL C.41,§11, to appoint _______________________ to fill
a vacancy on the Board of Assessors through the May 2027 Annual Town Election.
[Roll Call]
Additional Information
See the one application attached.
Please review the application for the open Board of Assessors seat, ask any questions
of the candidate, deliberate and vote on appointing a new Board of Assessors member
to serve until the May 2027 Annual Town Election.
MGL C.41,§11 provides that “If there is a vacancy in a board consisting of two or more
members . . ., the remaining members shall give written notice thereof, within one
month of said vacancy, to the Select Board, who, with the remaining member or
members of such board, shall, after one week’s notice, fill such vacancy by roll call vote
. . . . A majority of the votes of the officers entitled to vote shall be necessary to such
election. The person so appointed or elected shall be a registered voter of the town and
shall perform the duties of the office until the next annual meeting or until another is
qualified.”

Board Action
Motion

Second

In favor

Opposed

Disposition

2

From:
To:
Subject:
Date:

[email protected]
Diane Crory; Lisa Montgomery; Tony Sousa
Online Form Submission #3170 for Application for Vacated Elected Board Membership
Thursday, August 20, 2026 7:10:24 PM

Warning – THIS EMAIL WAS SENT BY AN EXTERNAL SENDER

Application for Vacated Elected Board Membership
This application is only for a position that has been vacated by a member
prior to term expiration.
When you have completed this online form, it will be sent electronically to the
Select Board/Town Administrator's office.

Name

Maureen Adema

Email Address
Address
City

Littleton

State

Massachusetts

Zip Code

01460

Phone Number
Please consider this as
my application for:

Board of Assessors

Please list skills,
experience,
background or other
factors which would
contribute to these
committees.

Board of Assessors member 2016 to 2022
Assessors' courses 101 and 200
Understanding for MGL and Open Meeting Law
Municipal employee Town of Berlin

List the Littleton Town
boards on which you
currently serve and/or
any current
employment with the

None

Town of Littleton.
Resume Upload
(Optional)

Field not completed.

Signature of Applicant

Maureen G Adema

Date

8/20/2026

Email not displaying correctly? View it in your browser.

3A

Littleton Select Board
AGENDA ACTION REQUEST

August 31, 2026

Joint Meeting with Park and Recreation
Commission
Discussion and possible vote on the appointment to fill a vacancy on the
Park and Recreation Commission, with the appointee to serve until the
May 2027 Annual Town Election
Requested by: Select Board

Action Sought: Interview/Appoint

Proposed Motion(s)
MOVE that the Select Board and the remaining members of the Park and Recreation
Commission vote, pursuant to MGL C.41,§11, to appoint _______________________
to fill a vacancy on the Park and Recreation Commission through the May 2027
Annual Town Election. [Roll Call]
Additional Information
See the two applications attached.
Please review the application for the open Park and Recreation Commission seat, ask
any questions of the candidate, deliberate and vote on appointing a new Park and
Recreation Commission member to serve until the May 2027 Annual Town Election.
MGL C.41,§11 provides that “If there is a vacancy in a board consisting of two or more
members . . ., the remaining members shall give written notice thereof, within one
month of said vacancy, to the Select Board, who, with the remaining member or
members of such board, shall, after one week’s notice, fill such vacancy by roll call vote
. . . . A majority of the votes of the officers entitled to vote shall be necessary to such
election. The person so appointed or elected shall be a registered voter of the town and
shall perform the duties of the office until the next annual meeting or until another is
qualified.”

Board Action
Motion

Second

In favor

Opposed

Disposition

2

From:
To:
Subject:
Date:

[email protected]
Diane Crory; Lisa Montgomery; Tony Sousa
Online Form Submission #3137 for Application for Vacated Elected Board Membership
Thursday, August 6, 2026 12:45:21 PM

Warning – THIS EMAIL WAS SENT BY AN EXTERNAL SENDER

Application for Vacated Elected Board Membership

This application is only for a position that has been vacated by a member
prior to term expiration.
When you have completed this online form, it will be sent electronically to the
Select Board/Town Administrator's office.

Name

Jillian Anderson

Email Address
Address
City

Littleton

State

MA

Zip Code

01460

Phone Number
Please consider this as
my application for:

Parks and Recreation

Please list skills,
experience, background
or other factors which
would contribute to
these committees.

As a current town employee working as the Executive Assistant
at Shaker Lane School, I bring a unique advantage to the Parks
and Recreation Commission through my direct familiarity with the
town's operating systems and municipal processes. This insider
knowledge allows me to hit the ground running, collaborating
seamlessly with city staff and board members by using my
proven teamwork and communication skills. My daily experience
managing administrative workflows, organizing school-wide
events, and navigating internal budgets translates directly into
the fiscal responsibility and logistical planning required for

commission projects. As a previous Event Planner and Director
of Career Services I am eager to leverage this municipal
background to serve our community efficiently and help shape
vibrant public spaces.
On a personal note, my two children have enjoyed and benefited
from many of our town's Parks and Recreation programs over
the years. This gives me firsthand insight into the vital role these
services play for local families, fuels my dedication to maintaining
high-quality programming, and ensures I will advocate effectively
for the safety and recreational needs of our entire community.

List the Littleton Town
boards on which you
currently serve and/or
any current
employment with the
Town of Littleton.

I am employed by the Town of Littleton and work as the
Executive Assistant, at the Shaker Lane Elementary School.

Resume Upload
(Optional)

Field not completed.

Signature of Applicant

Jillian Anderson

Date

8/6/2026

Email not displaying correctly? View it in your browser.

From:
To:
Subject:
Date:

[email protected]
Diane Crory; Lisa Montgomery; Tony Sousa
Online Form Submission #3142 for Application for Vacated Elected Board Membership
Saturday, August 8, 2026 3:53:02 PM

Warning – THIS EMAIL WAS SENT BY AN EXTERNAL SENDER

Application for Vacated Elected Board Membership

This application is only for a position that has been vacated by a member
prior to term expiration.
When you have completed this online form, it will be sent electronically to the
Select Board/Town Administrator's office.

Name

Austin Martineau

Email Address
Address
City

Littleton

State

MA

Zip Code

01460

Phone Number
Please consider this as
my application for:

Parks and Recreation

Please list skills,
experience, background
or other factors which
would contribute to
these committees.

I am a 36 year old father of an amazing 16 month old girl. My
fiance and I have lived in littleton for 2 years and we used to live
in Chelmsford for 8 years. We have fallen in live with Littleton
and our neiborhood. We were fortunate enough to buy our first
home in the Long Lake neiborhood and plan to raise our
daughter here.
I am originally from Vermont, born and raised in Montpelier
where for 8 summers I worked at the largest zero entry pool in
the world for the Montpelier rec dept. I started as a clerk where I
got my certification as an Ellis and Associates lifeguard. Over the

years I worked my way up to pool Director and oversaw a staff of
25 guards. I coordinated all training, certifications, continuing
education, swim lessons, and facility maintenance.
During my entire career we never had an incident within my
facility requiring the assistance of EMS. That is directly due to the
training and culture of excellence on my team of guards.
I am a graduate of Merrimack College with a bachelor's degree in
Sports Medicine. I now work building and managing sales teams
for software companies.
I love Littleton and everything this town offers but I do see
opportunities for improvement in the services offered to
residents.
I take my family to the Long Lake beach as often as I can (we
have a family pass). I am however concerned specifically with
the staff at Long Lake, from my experienced perspective I see
things that should be addressed immediately before there is a
tragedy.
I hope to bring my leadership experience and live of all things
outdoors to the Recreation Commission to help bring the
residents of Littleton the most diverse, fun, and SAFE options
possible.

List the Littleton Town
boards on which you
currently serve and/or
any current
employment with the
Town of Littleton.

None, yet

Resume Upload
(Optional)

ResumeAustinMartineauSalesLeader (1).pdf

Signature of Applicant

Austin Martineau

Date

8/8/2026

Email not displaying correctly? View it in your browser.

Littleton Select Board
AGENDA ACTION REQUEST

August 31, 2026

4A

Public Hearing - Dangerous Dog
Dangerous and Nuisance Dog Public Hearing Pursuant to
Chapter 140, Section 157 of the Massachusetts General Laws
Requested by: Select Board

Action Sought: Discussion and possible vote

Proposed Motion(s)
None.
Additional Information
Violation of Dangerous Dog Order issued pursuant to M.G.L c.140 §157. Included in the
packet are the following:
-

Complaint Letter
Violation letter mailed on August 26, 2026
Constable’s Return of Service

Board Action
Motion

Second

In favor

Opposed

Disposition

5A

Littleton Select Board
AGENDA ACTION REQUEST

August 31, 2026

Department/Board Updates and Requests
Vote to appoint Mark Scola to Deputy Chief of Police pending
Memorandum of Understanding (MOU) or Side Letter agreement at Grade
17, Step 6
Requested by: Police Chief, Douglas Landry

Action Sought: Approval

Proposed Motion(s)
MOVE that the Select Board vote to appoint Mark Scola to Deputy Chief of Police pending
Memorandum of Understanding (MOU) or Side Letter agreement at Grade 17, Step 6
Additional Information
Included in this packet is Mr. Scola’s resume and cover letter.
Board Action
Motion

Second

In favor

Opposed

Disposition

Marc S. Scola

EDUCATION
Anna Maria College, Paxton, MA.
Master of Public Administration, GPA 4.0

March 2024 – August 2025

Westfield State College, Westfield, MA.
September 2004 – May 2008
Bachelor of Science, Cum Laude
Criminal Justice, Political Science
________________________________________________________________________________________

WORK EXPERIENCE
Littleton Police Department, Littleton, MA
July 2018 - Present
Sergeant
• Performs patrol supervisory and law enforcement duties, protecting life, property, and civil rights of
individuals to prevent and suppress crime.
• Responsible for the supervision and control of all subordinate officers and department staff under
command.
• Lead, mentor, and evaluate officers and civilian staff ensuring accountability, performance, and
adherence to department standards.
• Coordinate Response to critical incidents and provide on-scene command and decision making.
Accreditation Manager
• Performs review and revision of department policies and procedures to meet MPAC and POST
standards.
• Reviews and prepares compliance documentation for assessment.
• Prepares and maintains accreditation files and supporting documentation for formal assessment
• Serve as a Certified MPAC Assessor, conducting external agency evaluations.
Firearms Licensing Officer
• Conducts comprehensive background investigations on all firearms applicants in accordance with
state regulations.
• Monitors for subsequent activity hits, maintenance of license and inspection records, draft denial,
suspension/revocation paperwork.
• Performs firearms dealer inspections in compliance with Massachusetts General Laws
• Acts as liaison with the ATF and Firearms Records Bureau.
Sex Offender Registry Officer
• Maintains department records and accurately registers offenders into SORIS2.
• Conducts address verification checks.
• Acts as a liaison with the Sex Offender Registry Board.
Infection Control Officer
• Assists in the distribution and completion of unprotected exposure forms with officers and medical
facilities.
• Acts as a liaison with local medical facility, its infection control practitioner, and the specialist team.

Community Outreach Initiative Network (COIN) Officer
• Attends working group meetings.
• Reviews COIN referrals for completeness and accuracy.
• Assists clinician on follow-up home visits.
New Hire Background Investigator
• Conducts detailed pre-employment background investigations, including criminal history checks,
reference verification, reference and candidate interviews.
• Compiles findings and provide hiring recommendations based on investigation results.
Reserve Officer Supervisor
• Managed and oversaw the department's Reserve Officer Program, including scheduling, training
coordination, and performance oversight.
• Held meetings and served as the primary point of contact for all Reserve Officer related matters.
Littleton Police Department, Littleton, MA
September 2016 – Present
Police Officer
• Performs law enforcement duties, protecting life, property, and civil rights of individuals to prevent
and suppress crime.
• Responds to calls for service, prepares and completes reports and appropriate documentation for use
in prosecution.
Sherborn Police Department, Sherborn, MA
October 2010 – September 2016
Police Officer
• Performed law enforcement duties, protecting life, property, and civil rights of individuals to prevent
and suppress crime.
• Responded to calls for service, prepared and completed reports and appropriate documentation for
use in prosecution.
Firearms Licensing Officer
• Conducted comprehensive background investigations on all firearms applicants in accordance with
state regulations.
• Monitored for subsequent activity hits, maintenance of license and inspection records, draft denial,
suspension/revocation paperwork.
• Performed firearms dealer inspections in compliance with Massachusetts General Laws
• Acted as liaison with the Massachusetts Firearms Records Bureau.
City of Northampton Police Department, Northampton, MA
October 2008 – October 2010
Police Officer
• Performed law enforcement duties, protecting life, property, and civil rights of individuals to prevent
and suppress crime.
• Responded to calls for service, prepared and completed reports and appropriate documentation for
use in prosecution.
Worcester County Sherriff’s Office, West Boylston, MA
September 2008 – October 2008
Temporary Corrections Officer
• Responsible for the care, custody, and control of inmates housed at the Worcester County Jail and
House of Corrections.

_____________________________________________________________________________________
LEGAL EXPERIENCE
Office of the Attorney General of the District of Columbia
June – August 2007
Summer Associate, Criminal Division
• Drafted legal memoranda and court filings for juvenile and criminal proceedings.
• Conducted legal research and assisted in trial preparation for senior staff.
• Compiled criminal offense research for new attorney and police training.
• Observed arraignments, status hearings, trials, and witness depositions.

POLICE, SUPERVISORY, AND LEADERSHIP TRAINING
Municipal Police Training Committee, Springfield, MA
October 2008 – March 2009
Western Massachusetts Regional Academy
th
• Basic Training Course for Police Officers 44 Municipal Police Officer Class
Continued Professional Development
• MPI Chiefs and Command Staff Executive Development Series
• FBI LEEDA Trilogy
• FBI LEEDA Executive Leadership Institute
• FBI LEEDA Command Leadership Institute
• FBI LEEDA Supervisor Leadership Institute
• Massachusetts Public Safety Leadership Academy Session 2021-02
• LHLN Significant Leader
• LHLN Master Leader
• LHLN Intentional Leadership
• LHLN Servant Officer
• 2026 LHLN Conference
• FBI LEEDA 92nd Media and Public Relations Course
• Command and Connect
• Public Order Command
• Overview of Current First Amendment and Civil Rights Issues
• Civil Disorder Political Protest
• Integrated Communication and Tactics (ICAT)
• Crisis Intervention Training (CIT)
• Accountability and Discipline for Supervisors
• Understanding Unique Challenges of Leading a Smaller Department
• De-Escalation Techniques for Supervisors
• MPI 8th Annual Sergeants Leadership Conference
• MPI 5 Day Intensive Supervisor Leadership Training Program
• Diversity and Inclusion - Fair and Impartial Policing for Patrol Officers and Supervisors
• MPI De-Escalation and Nonverbal Cues for Law Enforcement Officers
• Mello Consulting Police Supervisor Course
• MPI New Supervisor Training

Marc S. Scola

July 15, 2026
Michelle Vibert
Town of Littleton Human Resources Department
Dear Ms. Vibert,
I am writing to express my interest in the Deputy Chief position with the Littleton Police
Department. Having proudly served the Town of Littleton since 2016 and currently holding the rank of
Sergeant, I am deeply committed to our department, our employees, and the community we serve. While
my primary goal is to serve as Littleton’s next Deputy Chief, I would also be honored to be considered for
the Lieutenants position should that better meet the needs of the department.
Over my seventeen-year law enforcement career, I have built a leadership style centered on
integrity, accountability, collaboration, and service. Since joining the Littleton Police Department and
being promoted to the rank of Sergeant in 2018, I have sought opportunities to contribute beyond patrol
supervision by taking on key administrative and leadership responsibilities, including Accreditation
Manager, Firearms Licensing Officer, Sex Offender Registry Officer, Infection Control Officer, Reserve
Officer Program Supervisor, COIN Liaison, and Background Investigator. These assignments have
provided me with extensive experience in policy development, organizational management, regulatory
compliance, personnel supervision, and collaboration with local, state, and federal partners.
I have consistently sought out complex challenges that have advanced both my professional
growth and the department’s effectiveness. As Accreditation Manager, I have played a key role in our reaccreditation process, helping ensure that the department not only meets but exceeds the highest standards
in policing. I have also assisted in developing our firearms dealer inspection process, an initiative that has
since served as a model for other departments across the Commonwealth. These experiences reflect my
ability to lead initiatives, implement policy, and deliver results that have a lasting organizational impact.
In addition to my professional experience, I earned a Master of Public Administration from Anna
Maria College, graduating with a 4.0 GPA. This education strengthened my knowledge of leadership,
budgeting, strategic planning, and organizational management while preparing me to help guide a modern
police department through today's evolving challenges.
I believe effective leadership is built upon leading by example, supporting our employees, and
earning the trust of our community. Having spent the majority of my career serving the Town of Littleton,
I am committed to building on our success while preserving the professionalism and values that define the
Littleton Police Department.
Thank you for your time and consideration. I look forward to the opportunity to discuss how I can
best serve the needs of the department.
Respectfully,
Sergeant Marc Scola

5B

Littleton Select Board
AGENDA ACTION REQUEST

August 31, 2026

Department/Board Updates and Requests
Vote to appoint Patrick O’Donoghue to Police Lieutenant pending
Memorandum of Understanding (MOU) or Side Letter agreement at Grade
15, Step 5
Requested by: Police Chief, Douglas Landry

Action Sought: Approval

Proposed Motion(s)
MOVE that the Select Board vote to appoint Patrick O’Donoghue to Police Lieutenant
pending Memorandum of Understanding (MOU) or Side Letter agreement at Grade 15,
Step 5.
Additional Information
Included in this packet is Mr. O’Donoghue’s resume and cover letter.
Board Action
Motion

Second

In favor

Opposed

Disposition

Patrick L. O'Donoghue
Littleton, Massachusetts
______________________________________________________________________________

PROFESSIONAL SUMMARY
Accomplished law enforcement professional with over 30 years of progressive policing
experience, including service as a Patrol Officer, Sergeant, Officer in Charge, Detective,
Department Prosecutor, and Internet Crimes Against Children (ICAC) Task Force Investigator.
Proven leader with extensive experience supervising personnel, conducting complex criminal
investigations, managing critical incidents, and collaborating with local, state, and federal
agencies. Recognized for sound judgment, integrity, investigative expertise, and a steadfast
commitment to community policing and public safety. Dedicated to fostering accountability,
professionalism, and operational excellence.

CORE QUALIFICATIONS
•
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Leadership & Personnel Supervision
Patrol Operations
Criminal Investigations
Major Case Management
Internet Crimes Against Children (ICAC)
Narcotics Investigations
Search Warrant Preparation & Execution
Interview & Interrogation
Court Testimony & Criminal Prosecution
Community Policing
Crisis Management
Evidence Management
Policy & Procedure Compliance
Interagency Collaboration
Officer Training & Mentoring

PROFESSIONAL EXPERIENCE
Detective – Special Services Division
Littleton Police Department – Littleton, MA
2017–Present
Conduct complex criminal investigations involving serious felony offenses while working
collaboratively with state and federal law enforcement agencies.

Selected Responsibilities & Accomplishments
•
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Lead investigations involving fraud, armed robbery, larceny, arson, narcotics,
embezzlement, sudden deaths, suicides, and fatal motor vehicle crashes.
Authored more than 30 successful search warrant affidavits and executed numerous
residential and electronic search warrants.
Conduct surveillance operations and undercover narcotics investigations resulting in
successful arrests and prosecutions.
Participate in undercover investigations targeting illegal narcotics distribution and human
trafficking/sex-for-fee operations.
Prepare subpoenas and investigative reports while maintaining evidentiary integrity.
Conduct interviews of victims, witnesses, and criminal suspects.
Assist neighboring police departments with major criminal and narcotics investigations.
Work closely with the Middlesex District Attorney's Office, Massachusetts State Police,
FBI, and federal partners.

Internet Crimes Against Children (ICAC) Task Force
Investigator
Littleton Police Department / Massachusetts State Police
2024–Present
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Investigate cyber tips received through the National Center for Missing & Exploited
Children (NCMEC).
Conduct investigations involving possession and dissemination of child sexual abuse
material.
Prepare search warrants and electronic evidence requests.
Execute residential search warrants.
Conduct suspect interviews.
Coordinate investigations with state and federal agencies.
Prepare comprehensive investigative reports leading to successful criminal prosecutions.

Department Prosecutor / Court Hearings
Littleton Police Department
2017–Present
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Represent the department during probable cause hearings and criminal complaint
proceedings.
Prepare and present evidence before the Ayer District Court.
Coordinate closely with Assistant District Attorneys regarding criminal prosecutions.
Review officer reports and assist with trial preparation.
Sign criminal complaints on behalf of the department.

Police Sergeant
Littleton Police Department
2012–2014
Provided first-line supervision of patrol officers while overseeing daily patrol operations.
Key responsibilities included:
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Supervising patrol personnel.
Reviewing police reports for completeness and accuracy.
Providing on-scene command during critical incidents.
Mentoring and training newly assigned officers.
Ensuring compliance with department policies and professional standards.
Assisting command staff with administrative responsibilities.
Supporting daily operational planning and resource deployment.

Patrol Officer
Littleton Police Department
2007–2012
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Responded to emergency and non-emergency calls for service.
Conducted criminal investigations and traffic enforcement.
Arrested offenders and prepared criminal case reports.
Served as Cruiser Maintenance Supervisor.
Managed the purchase and deployment of the department's speed trailer.

•
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Coordinated police cruiser purchasing and vehicle build-outs.
Developed positive relationships with residents through community policing initiatives.

Patrol Officer
Paxton Police Department
2001–2003
Provided full-service municipal law enforcement, including patrol, investigations, traffic
enforcement, emergency response, and community policing.

Patrol Officer
Sterling Police Department
1999–2001
Performed patrol duties, criminal investigations, accident response, and public safety services
while protecting an 8,000-resident community.

Patrol Officer
Princeton Police Department
1994–1999
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Served as patrol officer frequently working independently during overnight shifts.
Exercised independent decision-making during critical incidents.
EMT certified while serving with the department.
Assisted in implementing the department's first cruiser AED program.
Served as Officer-in-Charge during periods when command staff were unavailable.

EDUCATION
Southern New Hampshire University
Associate of Science, Criminal Justice
2023
Massachusetts Criminal Justice Training Council
Full-Time Police Academy
1997
Quinsigamond Community College
Criminal Justice Studies
1990
Massachusetts Criminal Justice Training Council
Reserve/Basic Police Academy
1994
Wachusett Regional High School
High School Diploma
1990

PROFESSIONAL CERTIFICATIONS
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Internet Crimes Against Children (ICAC) Task Force
Criminal Investigator Certification (80 Hours)
Street Level Narcotics Investigator (64 Hours)
Physical Surveillance (40 Hours)
Police Training Officer
FBI LEOKA Street Survival
Interviews & Interrogations
Background Investigator Certification
Evidence Room Operations
Breaking & Entering Evidence Recovery
Alcohol Enforcement Agent (ABCC)
Police Motorcycle Operator Certification
Drugged Driver Detection
LIDAR Operator
MSP Buccal DNA Collection

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Active Attack Integrated Response
Digital Photography for Law Enforcement
Rail Safe Amtrak Safety Certification
Liquor Law & Fraudulent Documents Certification
Narcotics Enforcement Officers Association

HONORS & AWARDS
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Life Saving Award (2009)
Life Saving Award (2011)
MADD Hero Award (2009)
MADD Hero Award (2011)
Commendation for LELWD Theft Investigation
Multiple Letters of Commendation and Departmental Recognition

PROFESSIONAL STRENGTHS
•
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Proven supervisory leadership
Ethical decision-making under pressure
Excellent written and verbal communication
Strong courtroom testimony
Complex investigative expertise
Collaborative leadership style
Community-oriented policing philosophy
Crisis response and incident command

Patrick L. O'Donoghue
Littleton, Massachusetts
______________________________________________________________________________

July 17, 2026

Littleton Human Resources

Dear Hiring Committee,

I am writing to express my interest in the Police Lieutenant position with the Littleton Police
Department. With more than 30 years of progressive law enforcement experience,
including leadership roles in patrol, investigations, supervision, and community
engagement, I am confident in my ability to help lead the department while upholding its
commitment to integrity, accountability, and exceptional public service.

As a Detective with the Littleton Police Department, I have led investigators and officers
during high-risk search warrants and complex criminal investigations requiring sound
judgment, coordination, and decisive leadership. Throughout my career, I have also worked
collaboratively with local, state, and federal agencies to improve public safety and achieve
successful investigative outcomes. My leadership philosophy is rooted in professionalism,
accountability, and mentorship, ensuring that officers are supported, well-trained, and
equipped to provide the highest level of service to our community.

Over nearly two decades with the Littleton Police Department, I have proudly served as a
Patrol Officer, Sergeant, and Detective. These assignments have provided me with a
comprehensive understanding of department operations and have reinforced my
commitment to the officers, residents, and values that define our organization.

Beyond my operational responsibilities, I have remained actively involved in initiatives that
strengthen both our department and the community. I have helped organize and operate
the highly successful Littleton Student Police Academy, fostering positive relationships
between law enforcement and our youth. For more than 15 years, I have coordinated and
supported Kristen's Ride, a 75-mile charity motorcycle ride that raises funds to assist
families affected by cancer. In addition, I have overseen the department's cruiser
purchasing program, vehicle outfitting, maintenance schedules, and equipment budgeting,
ensuring our fleet remains reliable, properly equipped, and fiscally managed.

Littleton has been my home for the past 14 years. It is where I raised my daughter and
where I have proudly served this community for nearly 20 years. My personal and
professional investment in this town has strengthened my commitment to the
department's continued success and to the people we serve.

If selected as Lieutenant, I will lead with integrity, fairness, and accountability while
supporting Chief Landry's vision for the department. I am committed to developing officers,
strengthening public trust, promoting collaboration, and ensuring the Littleton Police
Department continues to provide the highest standard of professional service. It would be
an honor to continue serving the department, its officers, and the Town of Littleton in this
leadership role.

Thank you for your time and consideration. I welcome the opportunity to discuss how my
experience, leadership, and dedication can contribute to the continued success of the
Littleton Police Department.

Respectfully,

Patrick L. O'Donoghue
Detective #37
Littleton Police Department
Special Services Division

5C

Littleton Select Board
AGENDA ACTION REQUEST

August 31, 2026

Department/Board Updates and Requests
Vote to appoint Kimberly Tocci to Police Lieutenant pending Memorandum
of Understanding (MOU) or Side Letter agreement at Grade 15, Step 5
Requested by: Police Chief, Douglas Landry

Action Sought: Approval

Proposed Motion(s)
MOVE that the Select Board vote to appoint Kimberly Tocci to Police Lieutenant pending
Memorandum of Understanding (MOU) or Side Letter agreement at Grade 15, Step 5.
Additional Information
Included in this packet is Ms. Tocci’s resume and cover letter.
Board Action
Motion

Second

In favor

Opposed

Disposition

Kimberly J. Tocci

Professional Experience
Littleton Police Department - October 2021 to Present
Sergeant, May 2022 - Present
• Patrol Supervisor, overseeing the evening shift
• Ensuring adherence to policies, procedures, and best practices to limit liability to the
town, and ensure the effective and efficient delivery of police and public services
• Court discovery officer, reviewing and preparing accurate, detailed, and organized
evidentiary discovery packets, while adhering to Brady/Graham/McFarlane discovery
requirements, chain of custody reporting, and policy compliance
• Court submission officer, reviewing and addressing arrest reports and criminal
complaints, as well as electronic submission to court clerk’s office
• DCF Portal Liaison, overseeing the proper reporting of incidents to DCF, bi-monthly
review of policy adherence for reporting procedure
• Body Worn Camera administrator, issuing and maintaining audio/video devices,
addressing technical issues system wide, and ensuring continuous system operability
Patrol Officer, October 2021 - May 2022
Municipal Police Training Committee – 2021 to 2024
Academy Staff Instructor
o Boylston Municipal Police Academy 2022 to 2024
o Fitchburg State University Police Academy, 2021 to 2024
• Oversaw daily operations of the Recruit Officers Class
• Support the development of recruit officers into police professionals of the highest
caliber, through the use of education, discipline, and structure
• Handled matters of discipline and accountability
• Challenge the recruits mentally, physically, and emotionally to ensure they are prepared
to be successful in their careers and home environments
• Foster leadership and esprit-de-corps amongst a diverse recruit class
• Create daily logs, review and correct recruit assignments
• Assist with classroom training as needed, including instruction, role playing, and
performance evaluation
• Enforce policies provided by the MPTC, ensure a safe training environment, and limit
liability
• Ensured the safety of the class and staff
• Provided mentorship and guidance
Townsend Police Department – December 1997 to October 2021
Sergeant, January 2015 – October 2021
• Third in command of the department
• Patrol Supervisor, overseeing the day shift operations and SRO
• Assisted Chief and Lieutenant with administrative duties
• District Court and District Attorney Liaison
• Townsend Police Department Prosecutor
• Sexual Assault Investigator Supervisor
• Evidence and property management

Scheduling and assignment of duties
Alert, Lockdown, Inform, Counter, Escape (ALiCE) trainer
Keeper of the Records for OAT BAT’s machine
Community Outreach Initiative Network (COIN)
o Steering committee member for development and implementation
o Working group Liaison
• Middlesex County District Attorney Domestic Violence Group Liaison
• Handled internal affairs issues at the discretion of the Chief of Police
School Resource Officer, January 2006 – June 2007
• Investigation of juvenile issues within the school district
• Worked collaboratively with multiple police agencies, counselors, teachers, and parents
to resolve juvenile issues at school and within their homes
• Worked with the NEMLEC School Threat Assessment and Response System (STARS) to
provide assessment and resolution to juveniles with mental health and behavioral issues
• Create a positive rapport with students across all age groups by fostering a relationship
of support and trust with the police, fear reduction, and drug deterrence
Patrol Officer, January 1999 – January 2015
• Assigned to various patrol shifts
• Patrol duties and assignments as directed
Reserve Patrol Officer, December 1997 – January 1999
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Education
Anna Maria College
• Master of Science, Criminal Justice, May 2022
• Certificate of Leadership
• 4.0 GPA
Western New England College
• Bachelor of Science, Law Enforcement, October 2004
• Graduated Magna Cum Laude

Training and Professional Development
Massachusetts Criminal Justice Training Council
• Reserve Intermittent Academy, 1997
• 3rd Municipal Police Officer’s Class, 1999 (96.27 GPA)
• Sexual Assault Investigation, 1999
• Basic Sergeant Training Class, 2015
• Staff Instructor Training Class, 2021
Leaders Helping Leaders Network
• Intentional Leadership: Leading with a Purpose, 2018
• Servant Leadership, 2021
• Master Leadership, 2022
• Special Guest Speaker – Women in Law Enforcement, 2022
• Significant Leader Award, 2023
• Leaders Helping Leaders Annual Conference, 2025, 2026
International Association for Property and Evidence, INC.
• Managing Property and Evidence in Law Enforcement, 2017
FBI Law Enforcement Executive Development Association (LEEDA), 2015- 2016
• Leadership Trilogy Award, 2016

o Supervisory Leadership Institute
o Command Leadership Institute
o Executive Leadership Institute
o Media and Public Relations
o LEEDA Conference 2016, 2017, 2018, 2019
Municipal Police Institute
• Employment Law, 2026
• 10 Day Executive Development Series 2016-2017
o Accreditation & Certification, Rules & Regulations, Memberships, Budgeting,
Internal affairs, Liability & Public records, Labor Relations/MCAD, as well as
other Executive Level Classes
• Internal Affairs Certification Course, 2015
• Annual Sergeant’s Leadership Conference, 2015, 2022
• Property and Evidence Room Management, 2016
Massachusetts Department of Elementary & Secondary Education
• Multi-hazard Emergency Planning for schools, 2016
Reid Institute, 2016
• Interview and Interrogation
• Advanced Interrogation Course
Commonwealth of Police Services, Inc.
• Massachusetts Public Records Law Seminar, 2016
ALiCE Training, 2014
• Advanced ALiCE Instructor Training
Massachusetts State Police Crime Lab
• Buccal DNA Collection Training, 2003
Middlesex District Attorney Training
• Identification and Investigation of Child Physical Abuse Cases, 2003

Project Involvement
Smoothie with a Cop, Littleton
Participated in engaging community members to build stronger relationships with the Littleton
Police Department and our community while supporting a local business.
Junior Police Academy, Littleton
Assisted by giving tours, answering questions, and providing direction as needed to create a
safe, fun, and inclusive environment for those involved.
Littleton Council on Aging
Veteran’s breakfast, serve as participating member, while meeting and socializing with the
guests.
Littleton Toys for Tots Program
Annual toy drive for children at Christmas.
District Crisis Team, NMRSD
Collaborative work with school administration and public safety officials to develop response
plans for various critical incidents and disasters in the school district.
School Safety Drills, NMRSD
Planning, coordination and administration of ALiCE safety drills for schools within the district, up
to and including full-scale evacuation drills, involving several public safety agencies, road
closures, student relocation, and post-drill assessments.
Hawthorne Brooke School Improvement Plan, 2016

Collaborative work with school educators, counselors, administration and stakeholders to
develop a plan for an educational experience for students that focuses on students achieving
their potential, and supporting the social and emotional health of students.
Strategic Planning Committee for North Middlesex Regional School District
Collaborative work with school educators, administrators, counselors, students and
stakeholders to formulate a strategic plan for access to support and facilitate the social,
educational and emotional health of students.
Townsend Senior Center Cookout
Annual community social event for seniors, my involvement varied from participation, up to and
including planning, organizing, and coordination of the event.

Associations and Affiliations
Mass COP Union (Littleton)
• Negotiation team
AFSCME Union Local 3470
• Secretary, Treasurer
• Negotiation team
FBI LEEDA Law Enforcement Executive Development Association
Middlesex County Property and Evidence Group
Massachusetts Police Association
Massachusetts Association of Women in Law Enforcement

Kimberly J. Tocci

Town of Littleton
Attn: Town of Littleton Human Resource Department
37 Shattuck Street
Littleton, MA 01460
Dear Members of the Human Resource Department and Town Leadership,
It is with a deep sense of commitment to our community that I submit my
application for the positions of Lieutenant and Deputy Chief of Police. Currently
serving as a Sergeant within the Littleton Police Department, a role to which I
was promoted within my first year of service, I offer a unique perspective and a
proven record of executive-level command. My career is defined by over 28
years of devoted service and a continuous pursuit of professional excellence,
evidenced by a Master of Science in Criminal Justice (4.0 GPA) from Anna
Maria College, completion of the FBI-LEEDA Leadership Trilogy, completion of
the Executive Development course through Municipal Police Institute, and
obtaining the Significant Leader Award from Leaders Helping Leaders Network.
This sense of professional development also led to being a guest speaker for
the Women in Law Enforcement seminar with the LHLN.
My foundation in administrative oversight includes serving as third-in-command
for the Townsend Police Department, where I was Officer-in-Charge during a
critical leadership transition. My leadership philosophy is rooted in "service above
self"; while in charge, I personally assumed a prisoner watch assignment to
ensure coverage, demonstrating that a leader is never above the foundational
work of the team. This "we" approach extends to my local involvement in
Littleton’s Veterans’ breakfasts and Toys for Tots. Professionally, I maintain
critical relationships with various state agencies, such as the Middlesex District
Attorney’s Office through my oversight of Court Discovery, and the Department
of Children and Family through my role as the DCF Portal Liaison. Furthermore,
my past work on the Innocence Project Grant sharpened my focus on evidentiary
standards and procedural justice, ensuring departmental operations meet the
highest legal and ethical scrutiny.

As a current leader within an accredited agency, I fully recognize the importance
of the Massachusetts Police Accreditation Commission (MPAC) standards. I am
prepared to expand my leadership role within the Littleton Police Department
with a collaborative, executive approach. I believe our mission must be to
design police services that keep community members safe while treating
everyone with decency and dignity. To do this, it is important to foster an
approach that utilizes teamwork, initiative, transparency, and accountability.
Reinforcing a commitment to positive community engagement and dedicated
enforcement activities, will continue to build upon the relationship of trust we
have established with our townspeople. As a former Union Negotiator, I also
understand the complexities of labor relations, and I am prepared to work with
Town leadership to manage our budget with absolute transparency.
In the position of Lieutenant, or Deputy Chief, I will utilize all that I have learned
thus far to assist me to do my part in accomplishing the goals of Littleton. I lead
by example and beyond reproach, placing the needs of the department and the
town above my own. I focus on personal pride, integrity, and professional
development principles to set a moral tone, eliciting the best each member has
to offer. I am a resource for those that I am directed by as well as those I direct.
This is in line with my transformational leadership style I focus on, and balancing
compassion with command. As Littleton enters a pivotal period of growth, I will
ensure our department remains a modern, accountable, and community-focused
leader in the Commonwealth. I look forward to the opportunity to discuss my
goals and ideas with you further.
Sincerely,
Kimberly J. Tocci

5D

Littleton Select Board
AGENDA ACTION REQUEST

August 31, 2026

Department/Board Updates and Requests
Vote to appoint Jeffrey Patterson to Reserve Police Officer effective
9/2/2026 at Grade 10, Step 10
Requested by: Police Chief, Douglas Landry

Action Sought: Approval

Proposed Motion(s)
MOVE that the Select Board vote to appoint Jeffrey Patterson to Reserve Police Officer
effective 9/2/2026 at Grade 10, Step 10.
Additional Information

Board Action
Motion

Second

In favor

Opposed

Disposition

5E

Littleton Select Board
AGENDA ACTION REQUEST

August 31, 2026

Department/Board Updates and Requests
Vote to approve the revisions in the Employee Handbook as presented
Requested by: Human Resources Director, Michelle Vibert

Action Sought: Approval

Proposed Motion(s)
MOVE that the Select Board vote to approve the revisions in the Employee Handbook
effective 9/1/2026 in as presented.
Additional Information
Vote to approve the Employee Handbook revisions effective 9/1/2026 in the following
sections:
1. Section III - Classification and Compensation, B. Compensation, 10. Stipends
2. Section V - Harassment/Sexual Harassment, F. State and Federal Remedies
3. Section XIX – Vehicle Usage Policy
Included in the packet is the redlined Employee Handbook.
Board Action
Motion

Second

In favor

Opposed

Disposition

Town of Littleton, Massachusetts

Employee Handbook
APPROVED BY
LITTLETON SELECT BOARD

Effective 89/312/20264

As of October 25, 2021, the policies, procedures and benefits contained in this Employee
Handbook supersede all previous policies, procedures and benefits of the Town of Littleton,
except as superseded by a collective bargaining agreement or individual contract. Collective
Bargaining unit employees and employees covered under an individual contract should
consult the terms of their applicable agreement. Amendments made since 2021 are listed in
Appendix B of this Handbook.
Note: For employees to whom the Town’s Personnel By-law applies (see By-law Section 33-6),
this Handbook works in conjunction with the By-law provisions. To the extent that the
Handbook conflicts with the Personnel Bylaw, the Personnel Bylaw controls.

Town of Littleton Employee Handbook

Effective 9/12/2024

TABLE OF CONTENTS
INTRODUCTION & APPLICABILITY ....................................................................................... 5
Personnel Administration ........................................................................................................ 5
Applicability .............................................................................................................................. 5
POLICIES AND GUIDELINES..................................................................................................... 6
I.

HIRING POLICY & PROCEDURES ................................................................................. 6
A.

EQUAL EMPLOYMENT OPPORTUNITY ............................................................... 6

B.

PRE-EMPLOYMENT MEDICAL EXAMINATION ................................................. 7

C.

PROFESSIONAL LICENSURE .................................................................................. 7

D.

SEPARATION OF EMPLOYMENT POLICY ........................................................... 7

II.

CLASSIFICATION AND COMPENSATION ............................................................... 9
A.

CLASSIFICATION PLAN .......................................................................................... 9

B.

COMPENSATION ..................................................................................................... 10

III.

WORK HOURS ......................................................................................................... 1513

IV.

WORKING FROM HOME ....................................................................................... 1614

A.

CLOSURES DUE TO WEATHER ........................................................................ 1614

B.

EMERGENCY SITUATIONS ............................................................................... 1715

C.

TELECOMMUTING EXPECTATIONS............................................................... 1715

V.

HARASSMENT/SEXUAL HARASSMENT ............................................................ 1816
A.

SEXUAL HARASSMENT DEFINED .................................................................. 1816

B.

COMPLAINTS OF SEXUAL HARASSMENT.................................................... 1917

C.

SEXUAL HARASSMENT INVESTIGATION .................................................... 2018

D.

RETALIATION...................................................................................................... 2018

E.

DISCIPLINARY ACTION .................................................................................... 2018

F.

STATE AND FEDERAL REMEDIES .................................................................. 2119

VI.

CODE OF CONDUCT AND ETHICS ...................................................................... 2219

A.

PURPOSE STATEMENT ...................................................................................... 2219

B.

APPLICABILITY .................................................................................................. 2220

C.

CODE OF CONDUCT ........................................................................................... 2220

D.

CODE OF ETHICS ................................................................................................ 2220

E.

DISTRIBUTION AND EDUCATION .................................................................. 2422

VII.

VACATION AND LEAVE BENEFITS.................................................................... 2422

A.

VACATION ........................................................................................................... 2422

B.

SICK LEAVE ......................................................................................................... 2624
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Town of Littleton Employee Handbook

Effective 9/12/2024

C.

WORKER’S COMPENSATION ........................................................................... 3128

D.

PERSONAL LEAVE ............................................................................................. 3128

E.

BEREAVEMENT LEAVE .................................................................................... 3229

F.

PARENTAL LEAVE ............................................................................................. 3229

G.

FAMILY AND MEDICAL LEAVE ACT ............................................................. 3229

H.

SMALL NECESSITIES LEAVE ........................................................................... 3229

I.

MILITARY LEAVE............................................................................................... 3330

J.

DOMESTIC VIOLENCE LEAVE......................................................................... 3330

VIII.

HOLIDAYS ............................................................................................................ 3734

IX.

JURY DUTY .............................................................................................................. 3734

X.

INSURANCE ............................................................................................................. 3835
A.

HEALTH INSURANCE ........................................................................................ 3835

B.

LIFE INSURANCE ................................................................................................ 3936

C.

OTHER BENEFITS ............................................................................................... 3936

XI.

REDUCTION IN FORCE .......................................................................................... 4037

XII.

DISCIPLINARY ACTION ........................................................................................ 4037

XIII.

COMPLAINT RESOLUTION ............................................................................... 4138

XIV.

INFORMATION TECHNOLOGY ACCEPTABLE USE POLICY ..................... 4239

A.

DEFINITION.......................................................................................................... 4239

B.

SCOPE .................................................................................................................... 4239

C.

PURPOSE............................................................................................................... 4239

D.

RESPONSIBILITY ................................................................................................ 4239

XV.

INFORMATION TECHNOLOGY USE OF EMAIL POLICY ............................ 4441

A.

DEFINITION.......................................................................................................... 4441

B.

PURPOSE............................................................................................................... 4441

C.

SCOPE .................................................................................................................... 4542

D.

RESPONSIBILITY ................................................................................................ 4643

XVI.

SOCIAL MEDIA POLICY .................................................................................... 4744

A.

PURPOSE AND APPLICABILITY ...................................................................... 4744

B.

DEFINITIONS OF SOCIAL MEDIA.................................................................... 4744

C.

POLICY GUIDANCE ............................................................................................ 4744

XXVII.

MUNICIPAL WIRELESS TELEPHONE USAGE POLICY ............................ 4946

A.

PURPOSE............................................................................................................... 4946

B.

ADMINISTRATION POLICY .............................................................................. 4946

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Town of Littleton Employee Handbook

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XXVIII.

CRIMINAL OFFENDER RECORD INFORMATION (CORI)........................ 5249

A.

Conducting CORI Screening .................................................................................. 5249

B.

Access to CORI ...................................................................................................... 5249

C.

CORI Training ........................................................................................................ 5350

D.

Use of Criminal History in Background Screening ................................................ 5350

E.

Verifying an Individual’s Identity .......................................................................... 5350

F.

Inquiring about Criminal History ........................................................................... 5350

G.

Determining Suitability .......................................................................................... 5350

H.

Adverse Decisions based on CORI ........................................................................ 5451

I.

Secondary Dissemination Logs .............................................................................. 5451

XIX.

VEHICLE USAGE POLICY ................................................................................. 5451

XX.
ALCOHOL AND DRUGS/CONTROLLED SUBSTANCES USE AND TESTING
POLICY ................................................................................................................................ 6057
A.

DEFINITIONS ....................................................................................................... 6157

XXI.

PERFORMANCE EVALUATION........................................................................ 7774

A.

SUMMARY............................................................................................................ 7774

XXII.

PAYROLL .............................................................................................................. 8279

A.

PAYROLL .............................................................................................................. 8279

B.

W-4 INCOME TAX WITHHOLDING ................................................................. 8279

C.

OBRA ..................................................................................................................... 8279

D.

RETIREMENT SYSTEM ...................................................................................... 8380

APPENDIX A. EMPLOYEE ACKNOWLEDGEMENT .................................................... 8481
APPENDIX B. HANDBOOK AMENDMENT HISTORY ................................................. 8582

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Town of Littleton Employee Handbook

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INTRODUCTION & APPLICABILITY
The purpose of this document is to provide an overview of the administrative/personnel policies
and practices of the Town of Littleton (the “Town”). The Town is an Equal Opportunity
Employer.
The Town Administrator, with the approval of the Select Board, may alter, amend, add or delete
items within this document to maintain standards and practices with current employment
practices or for any other reason at the discretion of the Town Administrator. Employees will be
notified of all changes to the document. In this Employee Handbook, the Town Administrator
may designate the Assistant Town Administrator to act on their behalf.
Personnel Administration
The Human Resources Director shall manage and be responsible for the daily administration of
the personnel system. The Human Resources Department (“HR Department”) handles personnel
records and related personnel administration functions at the Town. Questions regarding
insurance, wages, and interpretation of any policies in this Employee Handbook must be directed
to HR Department and not to the employee’s supervisor.
Applicability
This Employee Handbook shall apply to all Town of Littleton departments and to all positions of
all employees in the service of the Town, whether benefit eligible, non-benefit eligible or
seasonal, other than the School Department, Light and Water Departments, and other than those
positions which are covered by separate agreement between any association of employees and the
Town or any individual employee and the Town and developed through collective bargaining,
except that all provisions of this Employee Handbook shall be applicable in so far as any
collective bargaining agreement may refer to this chapter and to the extent applicable by statue or
in the absence of any other provision. In the event of conflict, the applicable collective
bargaining agreement or individual employee contract shall apply. This Employee Handbook
shall only apply to elected officials where specified in a particular section.
The Town adheres to the policy of employment-at-will, which permits the Town or the employee
to terminate the employment relationship at any time and for any reason or for no reason at all.
Unless otherwise provided by written contract, Town employees are employees-at-will. Nothing
in this Employee Handbook shall be deemed or construed to create any contractual rights or
otherwise affect the employee-at-will status.
The rights afforded herein shall be construed to be in addition to those rights secured by state and
federal laws and regulations.
The Town agrees that, in all personnel matters, it will continue its policy of not discriminating
against any person on any legally recognized basis.

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Employees covered by this Employee Handbook will not be able to benefit from other
agreements that exist with the Town. Employees either benefit from this Employee Handbook or
by a contract (union or personal) with the Town, not both, unless specifically referenced within
contract language.
POLICIES AND GUIDELINES
I.

HIRING POLICY & PROCEDURES
A. EQUAL EMPLOYMENT OPPORTUNITY

It is the policy of the Town to promote a professional and productive workplace in which all
employees are treated with dignity and respect. Employees are expected to act in a positive
manner and contribute to a productive work environment that is free from discriminatory
behavior. Discrimination whether based upon race, color, gender, national origin, religion,
ancestry, age, sexual orientation, gender identity, disability, maternity leave, genetics, active
military or veteran status, or another basis prohibited under state or federal anti-discrimination
statutes, will not be tolerated.
This policy applies to all employment practices and employment programs sponsored by the
Town. This policy shall apply, but not be limited to, the areas of:











Recruitment;
Selection;
Compensation and benefits;
Professional development and training;
Reasonable accommodation for disabilities or religious practices;
Promotion;
Transfer;
Termination;
Layoff; and
Other terms and conditions of employment.

Because the Town takes allegations of unlawful discrimination, we will respond promptly to
complaints 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
discrimination, 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 legal definitions of discrimination.

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B. PRE-EMPLOYMENT MEDICAL EXAMINATION
The Town may require a job-related medical examination as part of the selection process. The
medical examination shall be related to the essential functions of the position. The examining
physician shall advise as to whether or not the applicant is fit to perform with or without
reasonable accommodations the essential functions and/or duties of the position for which
appointment has been made. If the applicant is found unfit, the Appointing Authority shall
withdraw the offer of employment. A report of the medical examination of any person hired shall
be maintained as a permanent part of the town records. Police and Fire candidates will be subject
to physical ability tests and any other required state examinations.
C. PROFESSIONAL LICENSURE
Some positions with the Town may require professional licensure from the Massachusetts
Department of Professional Licensure or another state agency. It is the employee’s responsibility
to maintain licensure if required by the employee’s position.
1. Documentation
a. For positions that require professional licensure, evidence of licensure shall be
submitted as part of the selection process.
b. Employees shall provide all correspondence between the employee and the
Division of Professional Licensure to the HR Department, including, but not
limited to, license renewals, changes in licensure, and suspension of
revocation of licenses.
Failure to maintain proper licensure or follow the requirements of this Section I.C may result in
disciplinary action up to and including termination of employment.
D. SEPARATION OF EMPLOYMENT POLICY
Nothing contained in this Separation of Employment policy is to be construed to create an
employment agreement or promise of employment between the employee and the Town. Town
employees are employees-at-will unless otherwise provided by written contract.
The Town reserves the right to change, modify, or amend all or part of this Separation of
Employment policy at any time, without prior notice.
1. Introduction
This policy will identify the considerations and processes that are suggested to be
followed at the time an employee separates from employment from the Town.
This policy applies to all employees except those in the School Department and Light
and Water Departments, including full time, part time, seasonal and/or temporary
employees but may need adaptation for specific requirements enumerated in
collective bargaining agreements (CBA) or individual contracts.
Documenting all separation of employment is important for both the employee as
well as the Town, creating a paper trail which will document the process and
compliance with federal and state regulations as well as local policies. These records
are often subsequently referred to for confirmation of employment for unemployment
benefits, retirement creditable service inquiries, and wrongful discharge claims.
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2. Procedures
When an employee is separated from employment, the supervisor has the
responsibility to communicate the separation to the HR Department as soon as
possible to ensure the employee is notified of important rights such as COBRA.
a. Notice Requirements
In general:
i. Employees who voluntarily terminate their employment should give at least a
two-week notice.
ii. Every resignation should be submitted in writing to the employee’s
supervisor. Some resignations, such as from the positions of
Treasurer/Collector and Town Clerk, must be filed with the Town Clerk. Once
the resignation has been submitted, supervisors are not required to allow an
employee to rescind a resignation, whether it was given verbally or in writing.
iii. With notification to the HR Department, supervisors may choose to have the
employee leave immediately rather than continue working through the twoweek notice period. Typical reasons for immediate separation may be concern
for safety of others, quality of work concerns, departmental morale, or the
need to start the replacement process sooner rather than later. Sometimes the
employee will be paid for that two-week period; however, it is not legally
required and there may be circumstances in which it is unpaid, such as
violation of Town policy once notice has been given. The HR Department
must be consulted as unemployment benefits may be applicable for any
discharges prior to the resignation date.
b. Separation Procedures and Paperwork
i. Supervisor Acknowledgment: When an employee gives notice of termination
of employment with the Town, the Supervisor is responsible for the following
steps:
a. Immediately confirm the resignation in writing – The supervisor should
write a short letter of acknowledgment of the resignation. If the resignation
was verbal, the written confirmation should state the date the verbal
resignation was received and the understood effective date. In addition, the
letter should confirm any Town property that must be returned prior to
departure.
b. Forward the employee’s resignation to the HR Department (if in writing)
and the confirming acknowledgement letter sent by the supervisor.
ii. HR Department Acknowledgment: Upon notification from the Supervisor, the
HR Department will prepare a separation of employment letter for the
employee.
3. Exit Interview
An exit interview will be conducted by the HR Director within their discretion.

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CLASSIFICATION AND COMPENSATION
A. CLASSIFICATION PLAN
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 the position is allocated, unless authorized in conformance with §33-1.e.
All positions are categorized in the Classification Table adopted by Town Meeting and
amended from time to time. These categories will determine an employee's eligibility for
benefits as specified by this Employee Handbook.
1. Hiring and Re-Classification
The filling of all open benefit eligible and non-benefit eligible positions covered by
this Employee Handbook must follow the procedures detailed in the Town's Hiring
Policy and Procedures manual including, but not limited to the following:
a. A job description shall be drafted by the HR Director, with input from the
Appointing Authority, for review by the Personnel Advisory Committee prior to
approval by the Town Administrator. It shall be completed prior to the
announcement of the job opening. The descriptions shall include the grade,
professional licensures required (if applicable), definitions describing the essential
nature of the work, distinguishing features of the work, and such illustrative
examples of duties as may be deemed appropriate.
b. The hiring grade and step for the job opening shall be in accordance with the
Classification and Compensation Plan or be developed with and agreed to by the
HR Director and Town Administrator, as approved by the Town Meeting, prior to
the announcement of the job opening. The Personnel Advisory Committee may
recommend, by a majority vote, to add or change a position or grade to the
position listings at the bottom of Schedules A, B, B-1, C, C-1 and D.
c. The Appointing Authority, in order to find the most qualified candidates, shall
determine if the job opening should be posted (a) internally within the Town, or
(b) internally and externally. Internal only openings shall be posted for a
minimum of one (1) week and marked as "Internal Town Candidates Only".
Internal/External postings must be posted for two (2) weeks and, if appropriate,
shall be advertised externally. All postings shall be made on the Town Hall
Bulletin Board.
2. Job Descriptions
The Human Resources Department shall maintain written descriptions of the jobs or
positions in the Classification Plan. These descriptions shall be written by the
Appointing Authority and recommended for approval by the Personnel Advisory
Committee. The descriptions shall include the grade, definitions describing the
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essential elements of the work, distinguishing features of the work and such
illustrative examples of duties as may be deemed appropriate. The Personnel
Advisory Committee may, upon the request of an Appointing Authority or on their
own initiative, along with the Appointing Authority’s input, recommend amendments
to such job descriptions for approval from the Town Administrator.
The HR Department shall retain copies of the current job descriptions. They shall be
responsible for drafting any revisions and submitting them to the appointing
authority prior to submitting to the Personnel Advisory Committee 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 Appointing Authority as otherwise existing, to assign
duties to, or to direct and control the work of any employee under the jurisdiction of
such authority.
B. COMPENSATION
1. Classification Plan and Compensation Plan
The Compensation Plan adopted by Town Meeting shall consist of the minimum and
maximum salaries by grade and step for the positions in the Classification Plan. The
Compensation Plan shall be reviewed and updated periodically, voted on at the
Annual Town Meeting, and be incorporated into the budget process.
2. Rate Above Maximum
Any rate which is above the maximum for a job as established by this plan shall be
deemed to be a personal rate and apply only to the incumbent. The employee's rate
shall be held and not be increased until such time at the employee's rate is consistent
with the Compensation Plan.
3. Step Increases
(Amended 9/12/2024)

Step increases will be awarded on an annual basis on July 1st provided the employee
has completed at least one (1) year of employment and received at least a satisfactory
performance evaluation or greater. At the recommendation of the department head or
appointing authority, the Town Administrator may waive the requirement for one
year of employment after taking into consideration the date of hire and the
employee’s performance. When an employee reaches the top step of the grade, they
will no longer be eligible for a step increase. However, beginning on July 1, 2025,
they may be eligible for a Merit Stipend as outlined below:
On an annual basis on July 1st a Merit Stipend will be awarded to permanent
employees who 1) are not eligible for a Step Increase because they have reached the
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maximum step for their pay grade and 2) have completed 12 months of employment
with the Town, and 3) achieved an overall performance rating of satisfactory or
greater during the prior fiscal year as documented in their performance evaluation.
The 12-months of employment requirement may be waived at the Town
Administrator’s discretion. Such stipend shall:
a.
b.
c.
d.
e.
f.

Be an amount equal to the percentage in between steps on the employee’s
current grade;
Be earned and paid on a bi-weekly basis beginning in the first pay period and
ending on the last pay period of the fiscal year, except as outlined in item d)
below;
Not become part of the employee’s base pay;
End upon separation of employment, an overall performance rating that is less
than satisfactory, or an event that results in the employee’s pay rate no longer
being at the maximum step of their pay grade;
Not be earned during periods of unpaid leave; and
Be included in the FLSA overtime rate for non-exempt positions.

The Merit Stipend provisions of the Employee Handbook do not apply to employees
covered by a collective bargaining agreement or individual contract.
4.

Annual Salary Schedule Review and Adjustment
Town Meeting will annually consider and vote to adjust the Classification and
Compensation Schedule.

5. Movement and Re-Classification of Employees
a. When a current employee is hired to a position with a higher-rated grade, they
shall enter it at the step which provides an increase in salary. They may also
receive a one-step rate increase at the time if the Appointing Authority
recommends that qualifications and performance warrant it, and the Town
Administrator approves.
b. If the employee is transferred to a job at the same grade, they shall remain at their
current step.
c. If the employee is transferred to a lower grade job, they shall enter it at their own
step or at the maximum step for the job, whichever is lower, provided that the HR
Director approves. The employee shall have the right of appeal to the Town
Administrator and to be heard thereon.
d. Employees who change positions as outlined in items a through c above may
receive annual step increases in accordance with Section B(3), even though they
have not completed one (1) year of service in the new position, so long as they
have completed one (1) year of satisfactory service to the Town.

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e. No employee may be reclassified to a position in another grade either higher or
lower until the Town Administrator determines that such a reclassification will be
consistent with the provisions of the Classification Plan and this Employee
Handbook.
f. When an eligible employee is temporarily assigned to function in a position in a
higher grade for a period of six (6) days or more, due to an absence or
unavailability, and they assume the approved delegated duties and responsibilities
of that position, they are entitled to an increase in compensation equal to the
minimum of the assigned position’s grade or to a step in that grade that results in
an increase over their current rate of pay of at least 10%. Upon completion of the
temporary assignment, the employee reverts to their original grade and step.
6. Pay Rate for New Personnel
a. The hiring rate shall be the minimum step for the grade 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 Select Board.
b. The appointing authority may negotiate benefits to permit competitive hiring,
subject to appropriation and the approval of the Select Board.
7. Overtime and Compensatory Time
a. Non-exempt employees begin to accrue overtime after they have worked 40 hours
in a work week. Overtime must be pre-approved by the supervisor. The applicable
budget must have funds available to cover the overtime pay.
b. Compensatory time may be utilized, on an exception basis, as an alternative to
overtime pay, subject to the following restrictions. If overtime is authorized by the
supervisor, the choice to accrue compensatory time in lieu of being paid overtime
wages must be stated by the employee. As with overtime wages, compensatory
time is earned at 1.5 hours for every hour worked. All compensatory hours should
be logged on the standard compensatory time sheet and attached to the employee's
regular time sheet each pay period. Employees should use accrued compensatory
time within the next pay period unless the Town Administrator grants approval
for use of accrued compensatory time beyond the next pay period. The use of
accrued compensatory time must be pre-approved by the supervisor. In no case
should the compensatory time accrual balance be allowed to exceed 24 hours.
Compensatory time cannot be rolled over to the new fiscal year and therefore any
accrued time must be paid out as overtime wages prior to June 30th of each year.

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Any unused compensatory time at time of separation of employment must be paid
to the employee in their final paycheck.
c. Exempt employees are not eligible for overtime pay or compensatory time.
8. Department Pay Adjustment in Annual Budget
Each Appointing Authority shall include in the annual budget a pay adjustment
section to provide funds for anticipated pay adjustments (step increases) during the
ensuing year, expenditures to be made only in accordance with the plan with the
approval of the Town Administrator.
9. Longevity Pay
a. Each benefit eligible employee covered by the provisions of this Employee
Handbook shall receive a longevity payment, to be paid in a lump sum as of July
1st of each year through regular payroll, such payment to be based on the number
of consecutive full years of benefit-eligible employment by the Town as of July
1st, in accordance with the following:
Lump Sum
Years of Service Payment
5-9 Years
10-14 Years
15-19 Years
20+ Years

$700.00
$750.00
$800.00
$850.00

b. For purposes of this section, consecutive full years of service shall mean the
length of an employee's uninterrupted service in twelve (12) month increments in
the employ of the Town and in a position included within the Town Classification
Plan and Compensation Plan in a benefit-eligible position. Unpaid, approved
leaves of absence shall not be considered as breaks in said consecutive years of
service; however, only years, months, and days spent on paid leaves of absence
shall be included in the computation of consecutive years of service.
10. Stipends
The Deputy Chief of Police and Police Lieutenant are non-union employees. All other
applicable Town policies, rules, bylaws, and regulations, as well as applicable state
and federal laws, shall apply to these positions. The Deputy Chief of Police and
Police Lieutenant are eligible for the following stipends which shall supersede any
Employee Handbook language that may conflict with the language below.

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a. Annual Education Incentive




Master’s Degree - 25% of their current fiscal year’s base pay
Bachelor’s Degree - 20% of their current fiscal year’s base pay
Associate’s Degree - 10% of their current fiscal year’s base pay

The education incentive will be paid bi-weekly in accordance with the Town’s
payroll.
b. Professional Standards Stipend



Deputy Chief of Police - $6,000.00 annually, less deductions.
Police Lieutenant - $4,000 annually, less deductions for

This stipend will be paid in a lump sum during the first pay period in August and
is subject to applicable deductions and is for longevity, clothing, and education.
c. Holiday Pay
The Deputy Chief of Police and Police Lieutenant shall be entitled to receive
holiday pay available to them for the holidays listed under M.G.L. c.147, §l
7F, regardless of whether they are on duty at any time on the dates listed in the
statute, and they will also receive holiday pay for Martin Luther King Day and
Juneteenth.
Holiday pay will be paid in two lump-sum payments. If an employee
is appointed or promoted into the position during the fiscal year,
holiday pay will be calculated based on the position and applicable
rate of pay held by the employee on the date each holiday occurred.
Holidays occurring prior to the employee’s promotion will be
compensated at the rate applicable to the employee’s prior position,
and holidays occurring on or after the effective date of the
promotion will be compensated at the rate applicable to the new
position. The lump-sum payments will be adjusted accordingly:



Holidays occurring June through November – first pay period in December
Holidays occurring December through May – first pay period in June

The following shall be recognized as paid holidays by the Select Board:

New Year’s Day

Independence Day

Martin Luther King Day

Labor Day

President’s Day

Columbus Day

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Patriot’s Day

Veteran’s Day

Memorial Day

Thanksgiving Day

Juneteenth

Christmas Day

d. Detail Pay - The Deputy Chief of Police and Police Lieutenant shall be allowed to
work details.
l. All details are to be at a minimum of four (4) hours. For time after four (4)
hours it will go to eight (8) hours. For time after eight (8) hours it will go to
twelve (12) hours. For time after 12 hours it will go to 16 hours. After eight (8)
hours it will be at time and one half the detail rate.
2. Detail rates shall be as follows:


Deputy Chief of Police – the current fiscal year Police Union regular detail
rate listed in the collective bargaining agreement plus 10%.



Police Lieutenant - the current fiscal year Police Union regular detail rate
listed in the collective bargaining agreement plus 5%.

3. Nights and weekend details will be at one and a half times the detail rate.
Nights will be 7 pm - 7 am. Weekends will start 7 am Saturday - 7 am Monday.
The two will not be combined.
4. All Town requested details will be filled before private details.
e. Administrative Stipend
The Deputy Chief of Police and Police Lieutenant will each receive an annual stipend
in the amount of $2,500 to be paid bi-weekly in each fiscal year for duties to include
but not limited to Communication and civilian staff oversight, MPAC Accreditation,
supervision of special services and oversight of the Police Reserve Officer Program as
assigned by the Chief of Police.
III.

WORK HOURS

The Town Administrator will set basic uniform office hours (“core hours”) for all departments and
offices at all locations with full-time employees that serve the public with the exception of
departments that run on a 24/7/365 basis.
Part-time employees will work a schedule that is created by the Department Head, with final
approval given by the Town Administrator.

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If an employee is experiencing exceptional circumstances and wishes to work outside of the core
hours, the employee must submit a request in writing to his or her supervisor with the beginning
and end date for the request, the new start and end times requested, and the reason(s) for the
change. The temporary change must be approved in writing by the supervisor and Town
Administrator prior to the schedule change.
Specific job descriptions for certain positions may establish different working hours than the core
hours.
If a Department Head, after approval from the Town Administrator, changes the department’s
schedule, he or she will try to give employees as much notice as possible of the changes.
Employees shall not be permitted to perform work away from their designated locations or at
home unless approved in advance in writing by the Department Head and the Town
Administrator. See Section IV below.
IV.

WORKING FROM HOME
It is the goal of the Town to have Town Offices open to the public whenever possible. However,
some positions afford flexibility for completion of job duties and responsibilities from home. It is
at the discretion of an employee’s supervisor to allow an employee to telecommute. The
employee’s supervisor must grant permission in writing for any exceptions to this policy.
In some circumstances, an employee who is absent from the office due to illness or injury may
be able to telecommute instead of using sick leave if the nature of the illness or injury allows the
employee to perform their duties and responsibilities. An employee who will be absent due to
illness or injury must receive permission from their supervisor to telecommute. Employees who
choose to telecommute in lieu of using sick leave must meet the performance expectations of
their job duties and responsibilities. A supervisor may revoke telecommuting privileges if an ill
or injured employee is unable to meet these expectations, in which case the employee must use
sick leave as provided in Section VII.B.
A. CLOSURES DUE TO WEATHER
Short-term telecommuting may be an appropriate option for staff members due to closure
of Town offices and buildings due to weather conditions or weather-related declaration of
a State of Emergency in the Commonwealth of Massachusetts. In the event of closure, it
is the Town’s expectation that services will be continued through remote work.
Employees whose duties could be done remotely but who are not able to work during the
weather event must use vacation or personal time to be paid. Employees whose duties
can only be performed on Town property that is unavailable due to the weather event
shall be paid without loss of a vacation or personal day. The policy under this section will
last only for the duration of the weather event that closed town offices or buildings, as
defined and communicated by the Town Administrator.

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B. EMERGENCY SITUATIONS
Short-term telecommuting may also be an appropriate option for staff members due to
extraordinary circumstances (e.g., the declared National Emergency and State of
Emergency in the Commonwealth of Massachusetts in 2020-21 in response to the
COVID-19 pandemic). Short-term telecommuting under this section will last only for the
duration of an emergency situation, as defined and communicated by the Town
Administrator.
C. TELECOMMUTING EXPECTATIONS
Supervisors should communicate specific expectations to individual team members based
on each person’s needs and circumstances. To ensure that the telecommuting assignment
is mutually beneficial to both the Town and employees, planning and communicating
expectations in advance of the telecommuting is crucial.
Staff members must comply with Town rules, policies, practices, and instructions and
understand that violation of same may result in termination of telecommuting privileges
and/or discipline up to, and including, dismissal.
Telecommuting does not change the basic terms and conditions of employment.
Telecommuting assignments do not change a staff member's classification, compensation,
or benefits. The accrual and charging of leave time are subject to the same policies and
procedures applicable to non-telecommuting staff members.
1. Determining Positions Eligible for Telecommuting
Department Heads shall determine which positions must remain within their facilities
and which positions can continue their job duties and responsibilities at another
location, which is expected to be at their home.
Consideration will be taken of the positions and what their essential functions are and
how they affect the core functions and operations of the Town. For example:
Vital to Town public safety, public health and maintaining core services and
infrastructure.
Department Heads, support personnel, positions with specialized and technical skills
necessary to support public safety, public health and essential employees that are
necessary to continue primary Town functions, internally and externally.
Employees necessary for regular Town operations and services to the public.
Job responsibilities and duties not related to continuation of operations for the Town.

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Employees shall consider working at another facility or from home as a normal workday.
Employees must make themselves available to perform their job duties and responsibilities,
respond timely to calls and emails, and not perform any other tasks that would conflict with their
ability to perform their job duties and responsibilities. Employees must also remain available to
come into their work facility if needed, unless arrangements have been made with the
Department Head.
V.

HARASSMENT/SEXUAL HARASSMENT
The Town is committed to providing a work environment that is pleasant, healthful,
comfortable, and free from intimidation, hostility or other offenses that might interfere with
work performance. Harassment of any sort - verbal, physical, and visual - will not be tolerated.
This is particularly true 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 the Town. 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 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 takes allegations of harassment seriously, we will respond promptly to
complaints of 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.
A. SEXUAL HARASSMENT DEFINED
In Massachusetts, pursuant to G.L. c. 151B, § 1(18), 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:
1. submission to or rejection of such advances, requests or conduct is made either
explicitly or implicitly a term or condition of employment or as a basis for
employment decisions; or
2. such advances, requests or conduct have the purpose or effect of unreasonably
interfering with an individual's work performance by creating an intimidating, hostile,
humiliating or sexually offensive work environment.
Discrimination on the basis of sex shall include, but not be limited to, sexual harassment.
Under this definition, direct or implied requests by a supervisor for sexual favors in
exchange for actual or promised job benefits such as favorable reviews, salary increases,
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promotions, 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 workplace environment that is hostile, offensive, intimidating, or
humiliating to male or female workers may also constitute sexual harassment. The victim
or complainant as well as the harasser may be male or female. The victim or complainant
does not have to be of the opposite sex. The complainant does not have to be a person
directly harassed but may be someone affected by the offensive conduct.
While it is not possible to list all those additional circumstances that may constitute
sexual harassment, the following are some examples of conduct, which if unwelcome,
may constitute sexual harassment depending upon the totality of the circumstances
including the severity of the conduct and its pervasiveness:
1. Unwelcome sexual advances - whether they involve physical touching or not;
2. Sexual epithets, jokes, written or oral references to sexual conduct, gossip
regarding one's sex life; comment on an individual's body, comment about an
individual's sexual activity, deficiencies, or prowess;
3. Displaying sexually suggestive objects, pictures, cartoons;
4. Unwelcome leering, whistling, brushing against the body, sexual gestures,
suggestive or insulting comments;
5. Inquiries into one's sexual experiences, and;
6. Discussion of one's sexual activities.
All employees should take special note that, as stated below, 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.
B. COMPLAINTS OF SEXUAL HARASSMENT
If any of our employees believes that they have been subjected to sexual harassment, it is
our policy to provide the employee with the right to file a complaint with our
organization. This may be done in writing or orally.
If you would like to file a complaint you may do so by contacting:
Town Administrator’s Office
Littleton Town Hall
37 Shattuck Street
P.O. Box 1305
Littleton, MA 01460
(978) 540-2461
[email protected]

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C. SEXUAL HARASSMENT INVESTIGATION
When we receive the complaint, we will promptly investigate the allegation in a fair and
expeditious manner. The investigation will be conducted in such a way as to maintain
confidentiality to the extent practicable under the circumstances. Our investigation will
include a private interview with the person filing the complaint and with witnesses. We
will also interview the person alleged to have committed sexual harassment. When we
have completed our investigation, we will, to the extent appropriate inform the person
filing the complaint and the person alleged to have committed the conduct of the results
of that investigation.
If it is determined that inappropriate conduct has occurred, we will act promptly to
eliminate the offending conduct, and where appropriate we will also impose disciplinary
action.
Given the sensitive nature of complaints of harassment/sexual harassment, all parties and
witnesses in a complaint, as well as Department Heads, supervisors, etc. who are aware
of a complaint or investigation thereof, are strongly encouraged to maintain this
information as confidential, so as not to negatively impact an investigation. All
employees are reminded of the provisions of G.L. c. 268A, §23(c)(2), which prohibit a
municipal employee or official from improperly disclosing information that is protected
from disclosure under the public records law and acquired by an employee or official in
the course of official duties. Section 23 also prohibits a municipal employee or official
from using such information to further the employee’s/official’s personal interests.
Violations of the prohibitions of Section 23 may lead to disciplinary action, up to and
including termination.
D. RETALIATION
Any retaliation against an individual who has formally or informally complained about
harassment or sexual harassment or has cooperated with an investigation of a
harassment/sexual harassment complaint, is prohibited.
Retaliation can be overt or subtle. Retaliation may include, but is not limited to, treating a
complainant or witness differently, more harshly or in a hostile manner; physical
interference with movement such as blocking a path; derogatory comments or action
which would tend to have a chilling effect on other complainants; sudden investigations
of the complainant’s private life; or sudden strict enforcement of work rules. Retaliation
in any form will not be tolerated.
E. DISCIPLINARY ACTION
If it is determined that harassment, sexual harassment, retaliation, or other inappropriate
conduct has been committed by one of our employees, the Town 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 in

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duties, transfers, and other formal sanctions, up to and including termination of
employment.
F.

STATE AND FEDERAL REMEDIES
In addition to the above, if you believe you have been subjected to unlawful harassment
and/or 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 – 300 days; MCAD – 300 days).
The addresses and telephone numbers set forth below are accurate as of the effective date
of this Handbook. The MCAD addresses change periodically, however, so you should be
sure to check at https://www.mass.gov/orgs/massachusetts-commission-againstdiscrimination for the most up-to-date contact information.
1. The United States Equal Employment Opportunity Commission
John F. Kennedy Federal Building
475 Government Center
Boston, MA 02203
Phone: (800) 669-4000
TTY: (800) 669-6820
2. The Massachusetts Commission Against Discrimination
Springfield Office

Boston Office

436 Dwight Street
Second Floor, Room 220
Springfield, MA 01103
(413) 739-2145

One Ashburton Place
Sixth Floor, Room 601
Boston, MA 02108
Phone: 617-994-6000
TTY: 617-994-6196
Worcester Office

New BedfordFall River Office

Worcester City Hall
455 Main18 Chestnut Street, Room
100 520
Worcester, MA 01608
(508) 799-8010453-9630
(508) 799-8490755-3861 – FAX

800 Purchase1567 North Main St.,
Rm 501
New BedfordFall River, MA
0274002720
(508617) 9940-6002390
(508) 990-4260 - FAX

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VI. CODE OF CONDUCT AND ETHICS
A. PURPOSE STATEMENT
The intent of this policy is to establish a clear statement and guidelines to serve as the
standard for achieving and maintaining a high level of public confidence, trust and
professional respect with regard to how the Town, its officials, and its employees conduct
business. This policy will define and create a centralized policy with regard to conduct
and ethical standards.
B. APPLICABILITY
This policy shall apply to all Town boards, officers, public officials, employees,
commissions and committees and other representatives whether paid or unpaid.
C. CODE OF CONDUCT
All persons shall:
1. Be well informed concerning the local and state duties of a board/committee member
whenever applicable
2. Remember that they represents the Town at all times
3. Accept their position as a means of unselfish public service, not to benefit personally,
professionally or financially from their board/committee position
4. Treat all members of the board/committee with respect despite differences of opinion,
keeping in mind that professional respect does not preclude honest differences of
opinion but requires respect of those differences
5. Recognize that the chief function of local government at all times is to serve the best
interests of all of the people
6. Honor confidential information, seek no favor, and believe that personal
aggrandizement or profit secured by holding these positions is dishonest
7. Conduct themselves so as to maintain public confidence in their local government and
in their performance of the public trust
8. Conduct official business in such a manner as to give the clear impression that they
cannot be improperly influenced in the performance of their official duties
9. Unless specifically exempted (e.g., Executive Session), conduct the business of the
public in a manner that promotes open and transparent government and maintain full
compliance with the Open Meeting Law (G.L. Chapter 30A, Sections 18-25)
D. CODE OF ETHICS
1. Purpose
This policy is issued for the purpose of ensuring that all persons defined in Section B
above comply with the provisions of G.L. Chapter 268A, the Conflict of Interest Law,
and more stringent policies adopted herein.
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2. Actual Conflict of Interest (G.L. Chapter 268A, Sections 1-29)
All persons defined in Section B above must understand that there may be times when
actions they are asked to consider may be inconsistent with or appear to be
inconsistent with the Conflict of Interest Law.
The official should be proactive in recognizing, disclosing and acting professionally
with the public trust and compliance with the Law at the forefront of their actions. It
is the responsibility of each official to determine for themselves whether or not to
make disclosures prior to acting on a particular matter where a conflict exists or might
exist.
3. Procedure When Participation is Prohibited
a. The official in question shall not participate in their official capacity in matters in
which such participation is prohibited by the Conflict of Interest Law
b. The official shall leave the room for the duration of the discussion unless advised
otherwise by Town Counsel or the State Ethics Commission
c. When a conflict or appearance of conflict exists, the chair or presiding officer
shall state the reason (s) for the conflict of potential conflict and will ensure that
the member does not participate in the matter
d. The chair or presiding officer of the meeting shall ensure that the reasons for the
conflict are clearly stated (as stated by the member in person) and this shall be
recorded into the minutes of the meeting and made available for public view; if
the member chooses to recuse themselves from the meeting and is not present to
state the reasons for recusal, then the presiding officer shall verbally enter the
member’s statement which will be recorded into the minutes
e. The member shall re-enter the room only after the discussion has concluded and
the chair or presiding officer of the meeting will state, upon re-entering the
meeting by the member in question, that the member has re-entered the meeting.
f. This process shall be followed each time the subject in question is discussed
g. All officials defined in the Applicability section should seek and adhere to advice
from the State Ethics Commission or Town Counsel if necessary (Note: the State
Ethics Commission offers free advice via phone or in writing)
4. Participation After Disclosure
The Conflict of Interest Law provides circumstances under which an employee may
participate if disclosure of the circumstance is disclosed in writing, filed with the
appropriate official or appointing authority and in some instances approved prior to
participation.
Irrespective of governing statute, the Town urges all members and officials to
exercise due diligence with respect to preserving the public trust. At times, this may
mean an official or member must not act or participate until the matter has been
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determined by Town Counsel, the State Ethics Commission or any other governing
entity if applicable. That determination will also be made in writing and be made
available for public view. Under those circumstances, the following procedure must
be followed:
a. The member in question must fill out the appropriate disclosure form, available
from the State Ethics Commission (www.mass.gov.ethics) or from the Town
Clerk
b. This form must be submitted to the appointing authority or, in the case of an
elected official, to the Town Clerk
c. The member in question shall disclose all of the facts surrounding the potential
conflict
d. The member in question shall not participate in the particular matter until and
unless the approving authority has approved participation when approval is
required and has filed a copy of such approval with the Town Clerk
e. The reason for the existence of the potential conflict, the approval and the
compliance with this policy shall be stated by the employee before participation
and shall be verbally disclosed at the meeting and recorded into the minutes of the
meeting
f. The member in question will remind all participants and attendees of the disclosed
conflict each time the subject in question is discussed in subsequent meetings
g. It is the responsibility of the chair or presiding officer to oversee the procedure
after initiation by the member in question; the chair or presiding officer shall also
be responsible for ensuring that these disclosures are entered into the minutes
h. The Town Clerk shall maintain a separate file of disclosure statements which shall
be kept available for public view
E.

DISTRIBUTION AND EDUCATION
1. The Town Clerk shall provide a copy of this policy to all members as defined in the
Applicability section upon its issuance and annually thereafter
2. The Town Clerk shall also maintain and distribute educational materials from the
State Ethics Commission to members
3. Each official and employee is responsible for completing the training program
required by law and filing the Certificate of Compliance with the Town Clerk
4. The Town Clerk shall have each member sign a statement that they have read these
policies and will comply with all requirements set forth in this policy; this form shall
be available for public view.

VII.

VACATION AND LEAVE BENEFITS

A. VACATION
The vacation year is from July 1 through June 30 inclusive. All benefit-eligible
employees will accrue vacation time at a proportional rate. For each full calendar month
of employment, employees will be credited with vacation pay as outlined below:
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1. Accrual
a. After one (1) full month of employment, vacations shall be accrued at the rate of
five-sixths (5/6) of a day per month, equaling ten (10) days per year from the date
of employment.
b. After the fifth year of employment, employees will accrue vacation at the rate of
one and twenty-five hundredths (1.25) days per month, or fifteen (15) days per
year.
c. After the 10th year of employment, employees will accrue vacation days at a rate
of one and two-thirds (1 2/3) days per month, or twenty (20) days per year.
d. After the 20th year of employment, employees will accrue vacation days at a rate
of 2.083 days per month, equaling twenty-five (25) days per year.
e. Vacations will normally be accrued with the anniversary date of employment as
the starting date for the year's accrual.
2. Unused Vacation at Time of Termination
In the event of termination for any reason, the employee will be paid for the full
amount of vacation pay accrued to the date of termination. If the employee has taken
more vacation time than accrued at the time of termination, the time not accrued will
be deducted from the final paycheck.
3. Scheduling of Vacation
Vacation will be taken at the convenience of the department. Every effort will be
made to arrange for the employee to have the vacation time as desired. However, all
operations have to be covered at all times, and the employees with the greatest length
of service will have the first choice of time.
4. Carry-Over of Accrued Time
Employees may carry over any unused vacation time into the next fiscal year. In no
case will the unused vacation time allowed to be carried into the next fiscal year be
more than five (5) weeks.
5. Basis for Accrual
Vacations are based on a full-time employee working a regular 40-hour week or as
designated within the specific department. Permanent part-time employees working
twenty (20) hours or more a week will accrue at a proportional rate of vacation time.
Permanent part-time employees working less than twenty (20) hours per week are not
eligible for vacation.
6. Credit for Prior Employment

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A permanent full-time or permanent part-time non-union employee who has left the
service of the Town voluntarily and who is re-employed, within two (2) years, shall
after one (1) year of service receive credit for prior employment service in the
calculation of the vacation benefit.
The Town may offer vacation incentives in the recruitment and negotiation with
potential new employees. No such incentive shall be greater than twenty (20) days of
vacation. An Appointing Authority may not offer vacation incentives without prior
approval of the Town Administrator. If granted, the employee then falls into the
schedule adopted in Section 1 above.
B. SICK LEAVE
(Amended 7/1/2023)

1. Regular Sick Leave
a. Definition. Sick leave with pay means authorized absence from work granted to
benefit eligible employees when they are unable to perform their duties because
of illness, personal injury, quarantine by health authorities, medical
appointments, or illness in immediate family or household to the extent provided
in Section i of this Subpart.
b. Monthly Leave Accrual. All permanent full-time employees shall accrue one
and one quarter (1 1/4) days for each full calendar month worked. For employees
hired after July 1, 2023, accrual begins on (1) the date of hire if such date occurs
prior to the 15th day of the month or (2) the first day of the following calendar
month if the date of hire occurs after the 15th day of the month. Effective July 1,
2023, all fiscal year 2023 sick leave balances shall be carried forward to fiscal
year 2024. Sick leave shall be allowed to accumulate from fiscal year to fiscal
year, up to a maximum of 600 hours.
c. Permanent Part-Time Employees. Permanent part-time employees shall accrue
monthly sick leave credit in proportion to the relationship of their annual work
schedule to that of a full-time, 40 hour per week permanent employee.
d. Former Employees. Former employees reemployed or reinstated more than two
years after a termination of service shall not be allowed sick leave credit for
prior employment unless said termination was the result of illness of the
employee, dismissal through no fault or delinquency of the employee or a work
related injury.
e. Transferees. No sick leave credit for prior employment will be allowed to
employees transferred from the Commonwealth or other municipality. New
employees, including those transferred from employment with the
Commonwealth or another municipality, shall begin with a sick leave balance of
zero days and accrue in accordance with Section b.

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f. Notification. When an employee finds it necessary to be absent because of
injury or illness, the employee shall report the fact to the Department Head or
Human Resources, as soon as practical. Sick leave will not be granted unless
such a report is made. The Department Head or Town Administrator retains the
right to permit use of sick time absent proper notification if the employee is
incapacitated and unable to make such notification due to said accident or
illness. An employee must identify if the request for use of leave is “personal
sick” or “family sick.” The identification of use type shall be used to ensure
proper procedure for return to work in cases of extended absence. Such notice
must be given by employees not later than one hour before the starting time of
the employee’s normal work day unless he/she provides reasonable excuse for
failure to do so, and in any event, as soon as possible. For scheduled medical
procedures or appointments, employees shall notify the Department Head as
soon as possible after such appointment/procedure is scheduled.
g. Abuse. If the Department Head or Human Resources has cause or a reasonable
basis to suspect an employee’s absence constitutes an abuse of sick leave, they
may require an employee to explain their absence in writing, including but not
limited to a doctor’s certificate. Such request may constitute an investigation
into the use of sick time. The results of the investigation may lead to the
employee being denied use of sick time for the absence in question. If sick time
is denied based upon the results of an investigation, the employee would be
given the opportunity to utilize other available benefit time, or would be placed
on unpaid leave for the period of the absence in question if other benefit time is
not available. Employees found to have falsely utilized sick time, as determined
by an investigation, may be subject to further discipline, up to and including
discharge.
h. Documentation. After three (3) consecutive days of sick leave use, the
Department Head or Human Resources may require an employee to provide a
note from a doctor or nurse practitioner verifying sickness and/or certifying the
ability of the employee to return to work. The Department Head or Human
Resources may require an employee that fails to provide this form due to no
fault but his/her own to remain out of work and utilize other available benefit
time, such as personal or vacation time, until s/he produces such form. If an
employee has exhausted other benefit time, the employee may be allowed to
utilize unpaid leave until the proper documentation is provided.
The Town retains the authority, at no expense to the employee and if deemed
advisable, to send an employee to a doctor or nurse practitioner selected by the
Town to evaluate any absence from work due to illness or injury for more than
five (5) consecutive days. The employee shall be allowed to utilize sick time
until such an evaluation is completed. The results of the evaluation may lead to
the employee being denied use of further sick time for the injury or illness as the
subject of the evaluation. If further sick time is denied based upon the results of

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an evaluation, the employee shall be given the opportunity to utilize other
available benefit time. If other benefit time is not available, the employee may
be allowed to utilize unpaid leave. Employees who falsely utilize sick time, as
determined by an investigation, may be subject to further discipline, up to and
including discharge. If a Town appointed medical professional and an
employee’s medical professional have conflicting opinions about an employee’s
incapacity and/or ability to return to work, an employee may, at the employee’s
expense, seek an additional evaluation. For purposes of this paragraph
employees seeking to return to work but unable to do so due to waiting for an
examination conducted in accordance with this paragraph will be placed on
administrative leave and not required to utilize benefit time for the length of
time necessary for them to undergo and receive the results of such exam.
i. Serious Illness in Immediate Family. In case of serious illness of husband, wife,
child, parent of either spouse, or person living in the immediate household of an
employee, employees shall be allowed to utilize accrued sick time to care for the
serious illness of an immediate family member. Sick leave used for family
illness in excess of five (5) consecutive days will be granted only after an
official written request by an employee to the Department Head and/or Human
Resources stating the specific circumstances contributing to the requested leave.
j. Termination of Service. Accumulated sick leave shall not be taken immediately
prior to retirement unless properly chargeable to sick leave under the above rules
and regulations. No payment will be made for unused sick time upon
termination of the employee for any reason. If any sick leave has been taken,
but not earned by the employee and employment terminates for any reason, the
employee will be required to reimburse the town for any sick time that was used
but not earned.
k. At the end of the fiscal year, employees using four (4) or fewer sick leave days in
the preceding fiscal year shall be awarded two (2) additional personal days as
soon as practical in the new fiscal year, for use in that year. New employees
hired within the first six (6) months of the fiscal year (July 1st-December 31st)
and using four (4) or fewer sick leave days during that fiscal year, shall be
awarded one (1) personal leave day to be added to the employee’s personal
accrual as soon as practical in the new fiscal year. New employees hired after
December 31st of the fiscal year will not be eligible for additional personal days
under this Section until the following fiscal year.
2. Short-Term Disability
a. Short Term Disability benefits will be made available to benefit-eligible
employees by the Town of Littleton. The Town will pay the cost of these benefits
through June 30, 2023. Beginning July 1, 2023, these benefits will be made
available at the employee’s own expense.

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b. Employees shall not hold any type of employment during a period of Short-Term
Disability. Violation will result in termination of sickness benefits and
employment with the Town.
c. While on Short-Term Disability, the employee will be required to report to their
supervisor or HR Director at least once per week to provide a status update as to
their condition and approximate date of return to work. During a period of ShortTerm Disability, the employee will not accrue sick days, personal days, or vacation
days but will continue to participate in other voluntary benefits such as health, life
and dental insurances and flexible spending plans on the same basis as active
employees as long as they continue to meet the provider’s eligibility requirements
and employment has not been terminated.
d. When returning from Short-Term Disability that has crossed fiscal years, an
employee will immediately earn sick and personal time on a pro-rated basis similar
to new employees as described in Section b of this Subpart above. The difference
between the pro-rated sick time award and the normal amount that would have
been awarded on July 1st will be added to the employee’s corresponding accrual.
3. Long-Term Disability
a. Long Term Disability benefits will be made available to benefit-eligible
employees by the Town of Littleton. The Town will pay the cost of these
benefits through June 30, 2023. Beginning July 1, 2023, these benefits will be
made available at the employee’s own expense.
b. Employees shall not hold any type of employment during a period of Long-Term
Disability. Violation will result in termination of sickness benefits and
employment with the Town.
c. While on Long-Term Disability, the employee will be required to report to their
supervisor or HR Director at least once per week to provide a status update as to
their condition and approximate date of return to work. During a period of LongTerm Disability, the employee will not accrue sick days, personal days, or
vacation days but will continue to participate in other benefits such as health, life
and dental insurances and flexible spending plans on the same basis as active
employees as long as they continue to meet the provider’s eligibility
requirements and employment has not been terminated.
d. When returning from Long-Term Disability that has crossed fiscal years, an
employee will immediately earn sick and personal time on a pro-rated basis
similar to new employees as described in Section b of this Subpart above. The
difference between the pro-rated sick time award and the normal amount that
would have been awarded on July 1st will be added to the employee’s
corresponding accrual.

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C. WORKER’S COMPENSATION
Employees injured while on duty will be covered by Worker’s Compensation benefits.
All work-related injuries that exceed three (3) days will also be covered by FMLA.
Worker’s Compensation wages will be governed by G.L. Chapter 152. Employees may
supplement any difference between Worker’s Compensation wages and the regular
straight time rate of pay by first using any accumulated sick time followed by any other
accrued leave. During a period of Worker’s Compensation leave, the employee will not
be awarded sick or personal time or continue to accrue vacation time but will continue to
participate in other voluntary benefits such as health, life and dental insurances and
flexible spending plans on the same basis as active employees as long as they continue to
meet the provider’s eligibility requirements and employment has not been terminated.
Prior to returning to work after a work-related injury, employees will be required to
present a fitness-for-duty certificate addressing their ability to perform the essential
functions of the position. When returning from Worker’s Compensation leave that has
crossed fiscal years, an employee will immediately earn sick and personal time on a prorated basis similar to new employees as described in Section (B)(1)(a). The difference
between the pro-rated sick time award and the normal amount that would have been
awarded on July 1st will be added to the employee’s Short-Term Disability Bank.
D. PERSONAL LEAVE
1. Personal Days
Personal days provide a means for employees to secure limited time off when such
time is needed for important personal reasons. All benefit-eligible employees shall
receive three (3) paid personal days on July 1st to use during the fiscal year.
A new employee hired after July 1st shall in that year receive paid personal days as
follows:
a. Three (3) personal days if hired prior to October 1st;
b. Two (2) personal days if hired prior to January 1st; and
c. One (1) personal day if hired prior to April 1st.
Personal days will be taken in hourly increments and cannot be carried over into the
next fiscal year or paid out upon termination. An employee’s request for personal
time must be approved by the supervisor prior to use.
2. Personal Leave of Absence
A personal leave of absence not to exceed twelve (12) weeks may be granted by an
Appointing Authority but shall be without compensation. A leave of absence of over
twelve (12) weeks duration 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
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leave beyond twelve (12) weeks has been authorized by the Town Administrator in
advance. Unless otherwise stated, personal leaves of absence without pay shall be
considered inactive employment, where time spent on such leave does not count as
service (time worked) for purposes of seniority, vacation, sick leave, longevity and
other benefits. Those employees on an approved leave of absence who are removed
from payroll are responsible for remitting their portion of the payment due for health
and other insurance premiums to the Treasurer’s office within the requested time
frame.
E. BEREAVEMENT LEAVE
Three (3) consecutive working days of bereavement leave with a straight day’s pay shall
be afforded to employees upon the death of immediate family members in the first degree
of kindred to include spouse, parents, stepparents, siblings, stepsiblings, children, and
stepchildren, grandparents, step-grandparents, step-grandchildren, and parents of spouse.
One (1) day of leave with pay shall be given upon the death of the employee’s aunt,
uncle, niece, or nephew.
Vacation time will be granted for use as bereavement upon the death of family members
not specifically mentioned above. Vacation time will also be granted to those employees
who require additional bereavement leave.
F. PARENTAL LEAVE
The provisions of Section 105D of Chapter 149 of the General Laws of Massachusetts
shall govern. When available, this leave is unpaid, unless the employee has accrued paid
leave time available. Paid leave must be used concurrently.
G. FAMILY AND MEDICAL LEAVE ACT
In accordance with Federal law, the Town will grant up to twelve (12) weeks (or up to
twenty-six (26) weeks of military caregiver leave to care for a covered service member
with a serious injury or illness) during a 12-month period to eligible employees. The
leave may be paid, unpaid or a combination of paid and unpaid leave, depending on the
circumstances of the leave and as specified in this policy and policies regarding vacation
time, sick time and personal time usage. The Town requires the use of accrued, available
paid leave concurrently with FMLA leave. A “Year” for purposes of leave requests is a
12-month period measured forward from the first FMLA usage. A summary of the
employee’s rights under FMLA may be reviewed at
www.dol.gov/whd/fmla/employeeguide.pdf.
H. SMALL NECESSITIES LEAVE
The Small Necessities Leave Act allows each employee eligible under the Family and
Medical Leave Act a total of 24 hours of unpaid leave during any twelve-month period,
in addition to leave available under the FMLA, to (1) participate in school activities
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directly related to the educational advancement of a son or daughter of the employee,
such as parent-teacher conferences or interviewing for a new school; (2) accompany the
son or daughter of the employee to routine medical or dental appointments, such as
check-ups or vaccinations; and (3) accompany an elderly relative (an individual of at
least 60 years of age who is related by blood or marriage to the employee) of the
employee to routine medical or dental appointments or appointments for other
professional services related to the elder's care, such as interviewing at nursing or group
homes. If the necessity for leave is foreseeable, an employee must provide the department
head with not less than seven days' notice of the need for leave. If the necessity for leave
is not foreseeable, an employee shall provide such notice as is practicable. An employee
taking leave for any of the aforementioned circumstances may substitute any accrued
paid vacation and/or personal leave for any leave provided. The Town requires that the
leave be supported by a certification signed by the employee stating the reason for the
leave.
I. MILITARY LEAVE
A benefit eligible employee who has been granted a military leave of absence because the
employee is a member of the Army National Guard, the Air National Guard or a reserve
component of the Armed Forces of the United States shall be entitled to receive pay at
their regular base salary as such an employee and shall not lose any seniority or any
accrued vacation leave, sick leave, personal leave, compensation time or earned overtime.
An employee eligible under this section shall be paid their regular base salary as such an
employee for each pay period of such military leave of absence, reduced by any amount
received from the United States as pay or allowance for military service performed
during the same pay period, excluding overtime pay, shift differential pay, hazardous
duty pay, or any other additional compensation. For the purposes of this section, the
words “active service” shall not include active duty for training or temporary duty in the
Army National Guard or Air National Guard or as a reservist in the Armed Forces of the
United States.
J. DOMESTIC VIOLENCE LEAVE
1. Introduction
The Town is committed to the health and safety of our employees and their
families. The Town recognizes that victims of domestic violence, sexual
assault, and stalking may suffer from physical, mental, emotional, and sexual
abuse. In an effort to afford victims of these abuses the ability to protect
themselves and their families, to ensure the safety of all employees, and
pursuant to G.L. c. 149, § 52E, the Town establishes this Domestic Violence
Leave Policy. This policy, along with the efforts of our Employee Assistance
Program, can be utilized if the need arises for employees to take needed time
off to deal with a domestic violence issue.
2. Purpose and Scope
This policy outlines the Town's unpaid Domestic Violence Leave Policy
(DVLP) with respect to eligibility, benefits, and use, and to ensure that leave
benefits are implemented equitably and consistently.
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The Town is committed to the safety of its employees from domestic violence
by giving them the necessary tools to deal with domestic violence issues.
3. Applicability
This policy applies to all full and part-time compensated employees. Employees
whose positions are covered by a collective bargaining agreement (CBA) or
individual contract are subject only to those portions of the policy which are not
separately regulated by the CBA agreement or contract.
This policy is intended to be consistent with any and all applicable laws,
including specifically G.L. c. 149, § 52E. If any part of this policy is
inconsistent with the law, the requirements of law shall apply.
Alleged perpetrators of domestic violence are not entitled to leave under the
statute or this policy.
Nothing in this policy limits or prevents the Town from providing time off to
employees to address situations of violence not specifically defined in this
policy.
4. Definition of Domestic Violence
Domestic violence is abuse against the employee or the employee’s family member
by:
a. a current or former spouse of the employee or the employee’s family member;
b. a person with whom the employee or the employee’s family member shares a
child in common;
c. a person who is cohabitating with or has cohabitated with the employee or the
employee’s family member;
d. a person who is related by blood or marriage to the employee; or
e. a person with whom the employee or employee’s family member has or had a
dating or engagement relationship.
Abuse is defined as the occurrence of one or more of the following acts:
a. attempting to cause or causing physical harm;
b. placing another in fear of imminent serious physical harm;
c. causing another to engage involuntarily in sexual relations by force, threat or
duress;
d. engaging in or threatening to engage in sexual activity with a dependent child;
e. engaging in mental abuse, including threats, intimidation or acts designed to induce
terror;
f. depriving another of medical care, housing, food or other necessities of life; or
g. restraining the liberty of another.
Family members are persons who:
a. are married to one another;
b. are in a substantive dating or engagement relationship and who reside together;
c. have a child in common regardless of whether they have ever married or lived
together;
d. a parent, stepparent, child, stepchild, sibling, grandparent, grandchild; or
e. in a guardianship relationship.
5. Notification
A victim of domestic violence, sexual assault, or stalking is strongly encouraged to
notify the Town of the existence of a restraining order protecting the employee.
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Notification should be made to the Human Resources Department. Upon such
notification, the Town shall make all reasonable efforts to enforce the restraining order
in the workplace. Such efforts may include:
a. Notifying police of the identity of the person against whom the order is issued
(defendant);
b. Providing security personnel with a photograph or other identifying information,
such as motor vehicle information;
c. After obtaining the employee’s permission, having the employee’s calls
screened;
d. Moving the employee’s workstation away from an unsecured entrance;
e. If possible, offer that employee a reassignment to a different work location.
Where the victim has requested reassignment, the Town shall respond in a timely
manner.
6. Leave
An employee may take up to a maximum of fifteen (15) days of time off in a 12-month
period, if either the employee or their family member is a victim of abuse and the
employee is using leave from work for him or herself or for the family member to:
a. Seek or obtain medical attention, counseling, victim services or legal services;
b. Secure housing;
c. Obtain a protective order from a court;
d. Appear in court or before a grand jury;
e. Meet with a district attorney or other law enforcement official;
f. Attend child custody proceedings;
g. Address other issues related to the abusive behavior against the employee or
family member of the employee.
The employee must first exhaust all vacation, personal, and sick leave already available
to the employee prior to requesting or taking leave under the Domestic Violence Leave
Law and use of such leave will run concurrently with Family Medical Leave Act
benefits, if applicable. If no accrued time is available, leave under this policy will be
unpaid. Leave accruals and employee benefits shall be handled in the same way as is
done for any other type of leave without pay. Upon the employee’s return from leave,
the Town shall restore the employee to the same position or to an equivalent position,
with equivalent employment benefits, pay, and other terms and conditions of
employment, provided that the employee has not been displaced from their position in
the interim due to a reduction in force.
7. Documentation
The Town requests that the employee provide appropriate advance notice of this leave,
unless there is an imminent danger to your immediate health and safety or that of your
family member (in which case - we must receive notification within three (3) work days
that the leave was taken or is being taken for reasons covered by this policy).
Notification may be communicated to the Town by the employee, a family member of
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the employee, or the employee’s counselor, social worker, health care worker, member
of the clergy, shelter worker, legal advocate, or other professional who has assisted the
employee in addressing the effects of the abusive behavior on the employee or the
employee’s family member.
In the event that you take this leave, please provide documentation evidencing that you
or your family member has been a victim of domestic violence or abusive behavior
within thirty (30) days of the leave request. Such forms of documentation may include
any one of the following:
a. A court issued protective order or other documentation issued by a court of
competent jurisdiction as a result of abusive behavior against the employee or
the employee’s family member;
b. An official document from a court, provider or public agency which the
employee attended for the purposes of acquiring assistance as it relates to the
abusive behavior against the employee or the employee’s family member;
c. A police report or statement of a victim or witness provided to the police,
including a police incident report, documenting the abusive behavior
complained of by the employee or the employee’s family member;
d. Official legal documentation that the perpetrator of the abusive behavior
against the employee or the employee’s family member has: admitted to
sufficient facts to support a finding of guilt of abusive behavior, or has been
convicted of, or has been adjudicated a juvenile delinquent by reason of, any
offense constituting abusive behavior and which is related to the abusive
behavior that necessitated the leave under this policy;
e. Medical documentation of treatment for the abusive behavior;
f. A statement signed under the penalties of perjury from the employee attesting
that the employee has been a victim of abusive behavior or is the family
member of a victim of abusive behavior.
g. A statement signed under the penalties of perjury from a counselor, a social
worker, health care worker, a member of the clergy, shelter worker, legal
advocate, or other professional who has assisted the employee or the
employee’s family member in addressing the effects of the abusive behavior.
All documentation provided to the Town under this policy may be maintained in the
employee’s personnel file but only for as long as required for the Town to make a
determination as to whether the employee is eligible for leave.
The Town will not take negative action against an employee for an unscheduled
absence, if, within thirty (30) days from the unauthorized absence or last unauthorized
absence in cases of consecutive absences, the employee provides any of the indicated
forms of documentation of the need for domestic violence leave.
All information related to the employee's leave shall be kept confidential by the Town
and shall not be disclosed, except to the extent that disclosure is:
a. Requested or consented to, in writing, by the employee;
b. Ordered to be released by a court of competent jurisdiction;
c. Otherwise required by applicable federal or state law;

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d. Required in the course of an investigation authorized by law enforcement,
including, but not limited to, an investigation by the attorney general; or,
e. Necessary to protect the safety of the employee or others employed at the
workplace.
A form will be completed to document and keep track of the use of this leave. If you
have questions at any time as to how this policy applies to you, please do not hesitate
to contact the Human Resources Department.
VIII.

HOLIDAYS
A. All benefit eligible employees shall receive holiday pay for the following 12 holidays:
New Year’s Day ....................................... Independence Day
Martin Luther King, Jr. Day ................................ Labor Day
President’s Day ............................................. Columbus Day
Patriot’s Day .................................................... Veterans Day
Memorial Day .......................................... Thanksgiving Day
Juneteenth ......................................................Christmas Day
Holiday pay shall be computed based on an 8-hour day. Part-time employees are awarded
holiday pay that is prorated by the fraction that the employee works during the week
compared to a 40-hour work week (e.g., a 20 hour a week worker is awarded 4 hours of
holiday pay). In no event shall holiday pay exceed pay for 8 hours.
An employee whose prorated holiday time causes a shortfall in the total hours paid from
the standard work week may use other available leave time to make up the lost pay. As an
alternative to using other available leave time, upon the request of the employee and
approval by the Department Head/Manager and subject to operational needs, the
employee may work the extra hours in that same pay period.
B. If such holiday falls on a Saturday, the preceding Friday will be observed as a holiday for
those departments that are not staffed on Saturday. If the holiday falls on Sunday, the
holiday will be observed on the following Monday for those departments not open on a
Sunday.
C. If an employee is on vacation and a holiday falls in that week, the employee will not be
required to use a vacation day for the holiday. If an employee is not scheduled to work
the day the department closes for the holiday, the employee will be entitled to one (1)
floating holiday to be used on a regular scheduled workday and when possible during the
same pay period, but not later than thirty (30) days from the holiday.

IX.

JURY DUTY
Employees required to report for jury duty shall submit their notice to their immediate
supervisor. Employees will be paid the difference between their regular salary and their jury duty
pay if selected for jury duty. Employees should notify their supervisor of their jury status on a
daily basis.
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X.

Effective 9/12/2024

INSURANCE
The Town offers the following insurance coverages to its benefit-eligible active employees and
certain retirees. The Town has adopted certain provisions of G.L. Chapter 32B which governs
the benefit programs available to Town employees and retirees.
A. HEALTH INSURANCE
1. Active Employees
The Town of Littleton pays 70% and the employee pays 30% of health insurance
premiums. The employee’s obligation is taken automatically from the employee’s
paycheck. Health insurance is offered at time of employment or during open
enrollment only or may be triggered by a qualifying event with proper documentation
of the event supplied by the employee within 30 days of the event.
Any eligible employee not accepting health insurance from the Town must sign a
waiver form; at the time of employment and/or annually during the open enrollment
period.
Under the COBRA law, employees may be entitled to continued coverage in the
Town’s group health insurance plan effective upon termination of employment. The
employee is responsible for 102% of the premium. Specific information is available
at the Human Resources office and will be provided upon separation from
employment.
Open enrollment is offered once a year, usually in April. During open enrollment,
employees have the opportunity to change their current benefit plans and coverages to
suit their personal needs. Employees will be notified by the Human Resources
department of the dates of open enrollment and when any changes become effective.
If you are an active employee age 65 or over, you will remain on your current health
insurance plan until you retire. At age 65, if you are Medicare eligible, you must
apply for Medicare coverage through Social Security and defer your Part B coverage
until retirement. You are entitled to Medicare coverage even if you are not yet
collecting Social Security benefits.
An employee who chooses not to retire immediately may apply for Deferred
Retirement through the Town Treasurer’s Office. All of the employee’s plan assets
must remain on deposit with the retirement system. The employee electing Deferred
Retirement status must remain on the Town’s group health insurance plan. The
employee will be responsible for 100% of the total premium.

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2. Retired Employees
Retired employees under age 65 will be covered by the Town's health plans until age
65, at which time they must carry Medicare as their primary insurance and can also be
covered by the Town's Medigap insurance plans.
Retired employees not eligible for Medicare will be able to remain on their present
coverage upon filing a Medicare health insurance information form available through
the Human Resources office.
Employees are eligible for continued medical coverage after retirement if they have
been employed by the Town for at least ten (10) years and have been a subscriber in
the Town’s group health insurance for at least five (5) years prior to retirement. The
cost of coverage is 70% paid by the Town and 30% by the retiree.
Surviving spouses of eligible retired employees may continue health coverage after
the death of the former employee. The surviving spouse will be responsible for 50%
of the total premium with a Town contribution of 50%. All premium payments for
retirees and/or surviving spouses will be collected either through a monthly check
from the retirement system taken from the retiree’s monthly pension benefit or
through an automatic withdrawal from the retiree’s bank account through ACH debit.
Payments for deferred retirees must be made by an automatic withdrawal from their
bank account through ACH debit.
B. LIFE INSURANCE
1. Basic Life Insurance
The Basic Life Insurance is for $10,000. The Town pays 70% and the employee pays
30% of the cost. The employee’s obligation is taken automatically from the
employee’s paycheck. This is term insurance and expires with separation from
employment. Retirees' coverage drops to $5,000. Life insurance is offered to new
hires at the time of their employment only. If you do not take this insurance, you must
sign a waiver.
2. Optional Life Insurance
Employees can carry additional life insurance through Boston Mutual. Rates are
based upon the amount of insurance and age. Premiums are fully paid by the
employee. You must carry the basic insurance to qualify for the optional. If you
should terminate you may continue to carry this policy.
C. OTHER BENEFITS
Employees may select additional benefits as offered by the Town. The costs of these
benefits will be paid entirely by the employee.
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XI.

Effective 9/12/2024

REDUCTION IN FORCE
In the event that it becomes necessary to reduce the number of employees or their hours, the
Town, in determining which of its employees are to be terminated, will take into consideration
the departmental needs, the qualifications of such employees and the quality of their past
performance.
Where, in the opinion of the Appointing Authority, the qualifications and quality of performance
of employees are equal, employees will be terminated in the order of reverse seniority as
employees of the department.
The employee will be notified whenever possible four (4) weeks in advance of the layoff or
reduction in schedule, insofar as practicable.
A. An employee who has been laid off shall be entitled to recall rights to this same position
for a period of two (2) years from the effective date of their layoff.
B. An employee recalled within one (1) year of their 1st day of layoff will return with
service accrued up to the time of the layoff.
C. Recall notices shall be sent via certified or registered mail. Employees are required to
keep the Town informed of their current mailing addresses.
D. An employee who is recalled must report to work within fourteen (14) calendar days of
the date of mailing the recall notice or some other mutually agreed upon time. Failure to
do so will be deemed to be resignation from Town employment.

XII.

DISCIPLINARY ACTION
A. DISCIPLINARY PROCEDURE
Standards of employment conduct are essential to efficient and effective operations.
Employees are expected to exercise common sense and good judgment and conduct
themselves in a manner that will be a credit to the Town. The Town recognizes that all of
its employees have high standards, however, there are times when it may be necessary to
discipline individual employees. Disciplinary action may be initiated for failure of an
employee to fulfill responsibilities as an employee or for violations of any provisions in
this Employee Handbook. The standards as listed below are not intended to be exhaustive
but are provided for illustrative purposes. The Town reserves the right to discipline
employees for any conduct it deems inappropriate, whether or not it is enumerated in this
handbook. Disciplinary action ranges from reprimand to immediate discharge. The Town
is not required to provide progressive discipline.
The following is a non-exhaustive list of examples of conduct that may lead to discipline:

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1. Incompetence or inefficiency in performing assigned duties
2. Refusal to perform a reasonable amount of work or violation or any reasonable
official order or failure to carry out any lawful and reasonable directions made by a
proper supervisor
3. Habitual tardiness or absence from duty
4. Violation of safety rules, practices and policies
5. Engaging in sexual or other harassment
6. Insubordination
7. Fighting on the job – Physical or verbal abuse
8. Theft of Town or another employee’s property
9. Falsification of time records
10. Use of illegal substance or alcohol on the job
11. Intentional disclosure of confidential information
12. Misuse or unauthorized use of Town property
13. Fraud in securing an appointment
14. Conviction of a felony
15. Violation of safety rules, practices, policies (after appropriate training)
16. Unauthorized absences during work hours
17. Falsification of Town records
XIII.

COMPLAINT RESOLUTION

It is encouraged that employees who believe that they may have been treated unfairly under this
Employee Handbook first discuss the issues with the HR Director. Differences in interpretation
may offer a means to resolve issues prior to following the complaint resolution process listed
below.
Step 1. Any employee who believes that they have in any manner been unfairly treated in
accordance with this Employee Handbook may appeal for relief. An employee must discuss the
complaint initially with their direct supervisor. Then, if the matter is not settled, the employee
should submit said complaint in writing to the Department Head. The Department Head shall
respond in writing, within seven (7) calendar days. If the employee's Department Head is also the
immediate supervisor, they should proceed to Step 2.
Step 2. If the employee feels that their complaint is still unresolved, they may appeal to the HR
Director within ten (10) calendar days after receiving the decision of the Department Head. The
HR Director may require a written statement from the employee in such form and containing
such information as they may require. The HR Director, after consultation with the HR Director
as deemed necessary, shall render a decision within seven (7) calendar days. Any decision of the
HR Director shall, within seven (7) calendar days of their final decision, be transmitted to the
Town Administrator.

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XIV.

Effective 9/12/2024

INFORMATION TECHNOLOGY ACCEPTABLE USE POLICY
A. DEFINITION
The acceptable use of information technology is an important concern for all employees
and elected and appointed officials of the Town. Information Technology (IT)
Department is defined as:
1.
2.
3.
4.

Computers (including servers, desktops, laptops, and handheld devices)
Computer-related hardware (including printers, scanners, and other special devices)
Software (including networks and the Internet)
Telephones, Modems & Handheld devices

Town IT infrastructure includes, but is not limited to, all of the above.
B. SCOPE
This policy is an overall guideline for all technology use. Additional policies that address
specific issues such as email use, software standards, hardware standards, equipment use,
disaster recovery plans and technical support may be adopted.
C. PURPOSE
IT should be used primarily for official Town purposes related to the conduct of Town
government. Other uses, such as commercial or political use, are expressly prohibited.
D. RESPONSIBILITY
1. Incidental Use
Incidental personal use of technology such as email is permitted but subject to
monitoring. Costs incurred in the personal use of technology (such as long-distance
charges for telephone calls) may be periodically assessed and billed to the user. All
data existing within the Town IT infrastructure is considered property of the Town
and no assumption of privacy shall be made.
2. Personal Time
Employees who use the Internet/intranet on personal time can enhance their
knowledge of electronic information resources and sharpen information technology
skills. By allowing use on personal time, the Town builds a pool of computer literate
employees who can guide and encourage other employees. Personal time includes
breaks, lunchtime, and the time before and after scheduled work hours. Employees
performing job-related use will always have priority over those desiring access to
resources for personal use.

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3. Appropriate Use
Examples of job-related use of the Internet/intranet include accessing external
databases and files to obtain reference information or conduct research,
corresponding with the Town’s citizens and other town employees, disseminating
documents to individuals or groups, and participating in discussion groups on jobrelated topics.
4. Inappropriate Use
Inappropriate use of technology includes any activity that is illegal, such as the
creation or distribution of pornography, and activities such as political lobbying, or
personal or business use to benefit those other than the Town.
Email does not have the same privacy safeguards afforded regular mail or telephone
communications. A good standard to apply is: Do not send an email you would not
want printed on the front page of the local newspaper.
Town IT shall not be used to infringe on the privacy of non-employees.
E. INFORMATION TECHNOLOGY SECURITY
1. System Access
Users are required to maintain the privacy of passwords and are prohibited from
publishing or discussing passwords. Should a user suspect that their password or
access has been observed or compromised, the user shall immediately notify the IT
Department to request a new password.
2. Software Installation
In order to maintain compliance to licensing and copyright law, and to increase
security and reliability of systems, software installation is allowed only within the
following parameters:
a. The software is licensed to the Town
b. The software is included on the Software Standards list (to be supplied)
c. The person installing the software is expressly authorized to do so by the IT
Department
3. Hardware & Peripheral Installation
In order to maintain a secure, stable and operational network, hardware and peripheral
installation is allowed only within the following parameters:
a. The equipment is owned by the Town and has been inventoried and accepted for
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use by the IT Department
b. The equipment falls within the Equipment Standards list (to be supplied)
c. The person installing the equipment is expressly authorized to do so by the IT
Department
d. Since all data within the Town IT infrastructure is subject to monitoring and is
considered public information, attaching personal equipment (such as laptops or
mobile phones) to the Town IT Infrastructure is not permitted.
4. Sustainability
Computer users are expected to use hardware and software in a manner that enables
its ongoing usage. If a piece of equipment malfunctions, the user is to notify the IT
Department in a timely manner so that the equipment may be assessed for damage
and replaced or repaired.
5. Data Security
All data received from sources outside the Town including the Internet, zip drives,
and USB drives are to be scanned for viruses. If any source is questionable, the IT
Department should be consulted prior to downloading or uploading data to Town
computers.
F. RULES GOVERNING THE PURCHASE OF INFORMATION TECHNOLOGY
All procurement of Information Technology (as defined in Section A) shall be made
through the office of the IT Department. The Chief Procurement Officer for the Town
will authorize major purchases.
To achieve some economies of scale and standardization, users are asked to first consult
with the IT Department of the need for smaller purchases for such items as zip drives,
USB drives, toner, and ink cartridges prior to making their own purchases. If bulk
purchases may be made that represent a worthwhile cost saving to the Town, the IT
Department will coordinate the purchase and distribution of such materials.
XV.

INFORMATION TECHNOLOGY USE OF EMAIL POLICY
A. DEFINITION
Email is correspondence transmitted electronically to other computer users in a local,
wide area or other network. Email communications often improve relationships between
different departments, facilitating the smooth operation of services.
B. PURPOSE
It has become common for persons, both at work and at home, to communicate through
email. This electronic method of communication has given rise to several issues
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regarding its proper use by town employees on the job and by town officials who are
subject to the state’s Open Meeting Law.
This policy directs town employees and elected and appointed officials on the proper and
allowed uses of email to ensure town officials comply with the Open Meeting Law and
the Public Records Law.
C. SCOPE
1. Use of Email by Town Employees
Email usage through Town equipment or through a Town email address must comply
with the following policy:
a. Email shall be used primarily for matters directly related to the business activities
of the Town and as a means to further the Town’s mission by providing services
that are efficient, complete, accurate and timely.
b. Employees shall have no expectation of privacy in their use of email. Emails
made or received in an individual’s capacity as a Town Employee are public
records.
c. No employee shall send email under another employee’s name without
authorization and no employee shall change any portion of a previously sent email
message.
d. Email shall not be used for outside business activities, political activity,
fundraising activity, or charitable activity not sponsored by the Town.
e. Email shall not be used to promote discrimination on the basis of ethnicity, race,
color, national origin, age, marital status, sex, gender identity, political affiliation,
religion, disability, sexual orientation, active-duty military status, or veteran
status; promote sexual harassment; or to promote personal, political or religious
business or beliefs.
f. Occasional, incidental personal use of email is permitted but subject to
monitoring.
g. Employees shall not permanently delete emails from electronic hardware.
2. Use of Email by Town Boards and Committees
The Open Meeting Law states that “all meetings of a public body shall be open to the
public” except as provided section 21 of G.L. c. 30A. A meeting is defined as “a
deliberation by a public body with respect to any matter within the body’s
jurisdiction,” unless excepted by law.
Like private conversations held in person or over the telephone, email conversations
among a quorum of members of a public body that relate to public business violate
the Open Meeting Law, as the public is deprived of the opportunity to attend and
monitor the email meeting. Private conversations should also be avoided as serial
conversations may reach a quorum of members without the knowledge of all
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participants.
Certain “housekeeping” matters may be communicated outside of a meeting.
Examples include meeting scheduling and cancellations, announcements and
directions, requests to put items on an agenda and communications by members of a
public body to department heads or staff. Care must be taken not to use such
communications to conduct deliberations.
Despite the speed and convenience of email its use by members of a public body
carries a high risk of violating the Open Meeting Law. For this reason, email
messages among members of a public body are only to be used for matters of a purely
housekeeping, reporting, or administrative nature.
Emails of public bodies are subject to the Public Records Law and emails made or
received in an individual’s capacity as a member of a Town board or committee are
public records. Further, emails sent from a private account are public records if the
subject matter of the emails are under the jurisdiction of an individual as a member of
a Town board or committee.
D. RESPONSIBILITY
1. IT Department
It is the responsibility of the IT Department or designee to provide this policy to users
of email when providing a Town email account.
The IT Department will provide licenses and updates to the email client programs as
needed. The Systems Manager or designee will assure that email accounts are
properly set up to archive email. Email to be archived includes only that material
which, if in paper format, would be subject to record retention policies. Email of a
housekeeping nature, such as scheduling a meeting or inquiring about office hours
need not be retained.
The IT Department will provide access to training on the standard email software.
The IT Department will also provide advice on the use of folders within the standard
email software to facilitate archival and retrieval of email.
2. Department Heads
The Department Head is responsible for ensuring that any employee who will be
given access to Town IT infrastructure abides by this policy. The IT Department will
not give access to an employee unless it receives a copy of the agreement signed by
the employee and the Department Head.

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XVI.

Effective 9/12/2024

SOCIAL MEDIA POLICY
A. PURPOSE AND APPLICABILITY
The way in which people communicate continues to evolve due to the rise of internetbased communication tools. The Town recognizes the many new opportunities for
communication created by these tools to communicate official information to the public
and wishes to encourage the responsible use of official Town social media channels of
communication. Use of these tools creates new responsibilities for Town employees,
boards, and commissions. The purpose of this policy is to provide guidance to clarify the
boundaries between appropriate and inappropriate use of official Town-sponsored social
media. It describes guidelines and requirements for Town employees and agents when
using Town official social media as defined below.
B. DEFINITIONS OF SOCIAL MEDIA
1. Any Town-related website
2. Social networking websites (e.g., Facebook, Twitter, Instagram, Snap Chat,
Gather.com, Yahoo! Groups, LinkedIn etc.)
3. Multimedia sharing websites (e.g., Flickr, YouTube, Vimeo, Google, Pinterest)
4. Blogs (e.g., WordPress, Blogger, Medium, Moveable Type, Typepad.)
5. Wikis (e.g., Wikipedia, PBworks)
6. Forums and discussion boards (e.g., Google Groups, Yahoo! Groups)
7. Personally managed websites, blogs, etc.
8. Online polls and surveys (e.g. Doodle, Survey Monkey)
9. Any other Internet-accessible site on which an individual user can post text, media,
etc.

C. POLICY GUIDANCE
Before making any posting on any site, official or unofficial, that identifies you as an
employee or agent of the Town, or that refers to the Town or any of its entities, consider
whether you risk damaging the Town’s reputation, legal obligations, contract negotiations
or personnel issues, or that of any of its entities. Please be aware that the Conflict of
Interest Law places limitations on your use of official information that confers
unwarranted advantages upon you, your immediate family, or those who might benefit
from “inside” information. Accordingly, your social media must not disclose any
information that is confidential or proprietary, the subject of any active litigation, labor
negotiations, or personnel issues. You must also adhere to the Open Meeting Law and the
Public Records Retention Laws.
If you post, you must do so in a way that is not defamatory. Defamatory statements that
you make are your own responsibility, and the Town will not defend you from the
consequences of your personal actions. In addition, your posts or comments on social

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media even if on personal time and private sites may subject you to discipline or
termination if in violation of a Town policy.
1. Official Use of Social Media: Access Restrictions
Access to social media sites is restricted to Town employees performing official
Town business. The Town reserves the right to deny access to Town social media
sites for any individual who violates the Town’s Social Media Policy. Any person’s
comment(s) that violate the Town’s Social Media Policy will not only be removed,
but the person posting the comment may be blocked/banned from the social media
site at the Town’s discretion.
2. Content Management (right to remove content, correct method to reach out to report
issues or file complaints)
The Town reserves the right to restrict or remove any content that is deemed in
violation of this Social Media Policy. Comments and postings not relevant to official
Town business may be removed at the discretion of the Town.
A social media account is not the appropriate channel to report issues or concerns or
to file a complaint. The Town expects all conversations to follow the rules of polite
discourse and asks that participants treat each other, as well as our employees, with
respect.
Comments may be monitored and may be subject to removal at the discretion of the
Town. Certain comments will not be permitted based on inappropriate comments
containing, but not limited to, any of the following:
a.
b.
c.
b.
a.
b.
c.
d.
e.
f.

Comments not related to the original topic
Profane, obscene, violent, or pornographic content and/or language
Content that promotes discrimination on the basis of race, creed, color,
religion, age, gender, sexual orientation, or national origin
Defamatory or personal attacks
Threats
Comments relative to political campaigns
Solicitation
Violations of any federal, state, or local law
Illegal activity

3. Usage Restrictions (Example: no promoting private businesses & managing
threatening comments)
The Town’s social media sites will not be used to advertise or promote private
business, not-for-profit organizations, or other non-municipal entities unless the
Town has a role in planning, permitting, licensing, project implementation, or
activities related to the non-municipal entity.

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Any comments deemed to be a threat to any Town officials, employees, board or
committee members, citizens, local businesses, etc. are prohibited and may be subject
for review by the public safety authorities. Representation of the Town or any of its
employees, agents, board and committee members, or affiliates may only be initiated
or authorized by the Town Administrator.
You may not misrepresent any site as a Town official social media site. Use of the
Town name or Town Seal is prohibited unless approved by the Town Administrator
or their designee. Misuse of the Town Seal is a criminal act punishable pursuant to
G.L. c. 268, § 35. Any use where an appointed employee or agent of the Town speaks
as a representative of the Town must be approved through the official chain of
command, with prior permission granted.
4. Sanctions
Failure to comply with this policy may lead to violations of law and disciplinary
action where appropriate.
XXVII.

MUNICIPAL WIRELESS TELEPHONE USAGE POLICY
A. PURPOSE
This policy is to provide efficient and consistent standards and procedures for the use and
maintenance of cellular telephone technology by employees of the Town to whom a
wireless telephone has been issued, and to provide effective organizational
communication and cost management associated with acquiring and operating cellular
telephones.
B. ADMINISTRATION POLICY
The Town Administrator shall be responsible for determining who is eligible for a Townissued cell phone or for reimbursement for the use of a personal cell phone for Town
business. The Town Administrator will evaluate the service plan and determine the most
appropriate and cost-effective plan. The Town Administrator will administer and oversee
the cell phones and shall identify issues and concerns regarding cell phone usage to be
addressed by employee supervisors, or the Town Administrator.
C. PROCEDURE
1. Minimum Standards and Criteria for Issuance – To be assigned a Town issued cell
phone or to be eligible for reimbursement, an employee must meet at least one of the
following criteria:
a. Department Heads may request the issuance of cellular phones for Town
employees whose duties and responsibilities require they maintain constant,
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though intermittent, contact with private citizens, customers and colleagues and
who spend a significant portion of their workday in or in immediate proximity to
a motor vehicle. In general, Department Heads should be available via cellular
device.
b. Town employees who by title and responsibility routinely serve or are subject to
serve in command or field coordinator roles for actual incidents or events, or
rehearsals for such, where individual or public safety and wellbeing may be
threatened.
c. Town employees with whom immediate and direct telephonic communication is
necessary in the performance of their professional responsibilities and
organizational duties.
d. Town employees for whom assigned duties and responsibilities require mobile
communication access, and a cellular telephone provides economic or functional
benefits over and above other means of communication, such as:
i.
ii.
iii.
iv.
v.

Employees with whom, in the performance of their job, it is necessary to
be in 24 hour per day contact;
Employees for whom for the purposes of confidentiality, use of other
communication tools is deemed inappropriate;
Employees for whom in the performance of their professional
responsibilities the employee’s personal safety or the safety of others is at
risk;
Employees who, in the performance of their professional responsibilities,
are frequently required to supervise activities outside of the normal
workplace at facilities and sites normally inaccessible; and
Employees who need to be in ready contact with Police and/or Fire
personnel.

e. Departmental ‘pool’ phones allocated for shared usage within a department are
the responsibility of the department manager. Managers shall ensure phones are
allocated as responsibilities warrant and are maintained for proper operation.
2. Justifying and Requesting a Cellular Telephone
Department Heads who request that an employee be allocated a cellular phone or for
reimbursement shall make a written request to the Town Administrator for review and
recommendation. The request shall include justification of need, function, and
funding source.
3. Review and approval of Cellular Telephone Requests
The Town Administrator shall have final authority for determining that cellular
technology is the most appropriate communication technology for the employee.

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4. Acquisition and Replacement
a. Acquisition and replacement will be in accordance with the Town’s procurement
policy.
b. The Town Administrator shall make a recommendation on the most appropriate
cell phone and plan based on an employee’s job responsibilities.
c. The Department Head shall contact The Town Administrator to have any phone
repaired and replaced if necessary.
D. USE OF CELLULAR PHONES
All employees assigned a cell phone must sign the Acknowledgement of Receipt of
Municipal Wireless Telephone Usage Policy before being allocated a phone. Cell phones
are acquired with public funds and are so acquired to enable Town employees to transact
the public’s business in the most efficient and cost-effective method possible. Cell phone
numbers are the property of the Town and are not transferable and shall be used in the
same manner and with the same care and stewardship as all public resources.
The use of a Town-issued cell phone is to conduct official business. The use of cell
phones should never interfere with an employee’s attention to duty and should never be
used when engaged in safety-sensitive functions requiring the employee’s full attention.
Sending photos or text messaging is prohibited unless it can be clearly linked to the
conduct of official Town business. Additionally, employees should limit the use of their
personal cell phones, in frequency and duration, to the greatest extent possible during
hours of employment. This includes incoming as well as outgoing phone calls. Personal
calls should not interfere with an employee’s duties and should not impact an employee’s
productivity.
Regardless of whether a Town-owned cell phone is being used for public or incidental
personal purposes, non-public safety employees shall not initiate a cell phone call while
they are driving a motor vehicle or operating equipment. Non-public safety employees
who receive a cell phone call while driving a motor vehicle or operating equipment are
required to stop the vehicle/equipment in a safe location so that communication is held
while the vehicle is stopped. The use of “hands free” technology is acceptable as long as
it does not interfere with the safe operation of the vehicle. Public Safety (police, fire)
employee use of Town-owned cell phones while driving a motor vehicle will be governed
by departmental policy. Employees shall follow the laws of the Commonwealth as they
relate to the use of mobile devices while driving.
FLSA exempt employees assigned cell phones shall power-on cell phones at all times
during their workday, while on-call, and while not accessible by other means of
telecommunication.

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E. MONITORING
Immediate supervisors and Department Heads are responsible for monitoring the use of
cell phones to ensure they are being used appropriately in accordance with this policy.
The Department Head shall be responsible to address inappropriate use, abuse, or failure
to adhere to established policies. Inappropriate use of cell phones shall be reported to the
respective Department Head with a copy to the Town Administrator.
The Town shall make provisions for providing cellular telephone communication
capabilities to employees who, on an intermittent basis, meet the criteria for cell phone
issuance.
The Town Administrator and/or Department Heads have the right to revoke, reevaluate, or
deny use, issuance or assignment of cell phones at any time.

XXVIII.

CRIMINAL OFFENDER RECORD INFORMATION (CORI)

This policy is applicable to the criminal history screening of prospective and current employees,
subcontractors, volunteers and interns, professional licensing applicants, and applicants for the rental
or leasing of housing. Where CORI and other criminal history checks may be part of a general
background check for employment, volunteer work, licensing purposes, or the rental or leasing of
housing, the following practices and procedures will be followed.
The Town currently has four departments authorized to access CORI: Police, Park and Recreation,
School, and Human Resources. Each department is responsible for complying with CORI
regulations as defined in Chapter 256 of the Acts of 2010 and G.L. c. 6, § 172. Human Resources
will conduct CORI checks for all departments without CORI access.
A. Conducting CORI Screening
CORI checks will only be conducted as authorized by the DCJIS and G.L. c. 6, §172, and
only after a CORI Acknowledgement Form has been completed. With the exception of
screening for the rental or leasing of housing, if a new CORI check is to be made on an
individual within a year of their signing of the CORI Acknowledgement Form, the
individual shall be given seventy-two (72) hours’ notice that a new CORI check will be
conducted. If a requestor is screening for the rental or leasing of housing, a CORI
Acknowledgement Form shall be completed for each and every subsequent CORI check.
B. Access to CORI
All CORI obtained from the DCJIS is confidential, and access to the information must be
limited to those individuals who have a “need to know”. This may include, but not be limited
to, hiring managers, staff submitting the CORI requests, and staff charged with processing
job applications. Human Resources will maintain and keep a current list of each individual
authorized to have access to, or view, CORI. This list must be updated every six (6) months
and is subject to inspection upon request by the DCJIS at any time.
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C. CORI Training
An informed review of a criminal record requires training. Accordingly, all personnel
authorized to conduct criminal history background checks and/or to access or review CORI
information at the Town must review, and be thoroughly familiar with, the educational and
relevant training materials regarding CORI laws and regulations made available by the
DCJIS.
D. Use of Criminal History in Background Screening
CORI used for employment purposes shall only be accessed for applicants who are otherwise
qualified for the position for which they have applied. Unless otherwise provided by law, a
criminal record will not automatically disqualify an applicant. Rather, determinations of
suitability based on background checks will be made consistent with this policy and any
applicable law or regulations.
E. Verifying an Individual’s Identity
If a criminal record is received from the DCJIS, the information is to be closely compared
with the information on the CORI Acknowledgement Form and any other identifying
information provided by the applicant to ensure the record belongs to the applicant. If the
information in the CORI record provided does not exactly match the identification
information provided by the applicant, a determination is to be made by an individual
authorized to make such determinations based on a comparison of the CORI record and
documents provided by the applicant.
F. Inquiring about Criminal History
In connection with any decision regarding employment, volunteer opportunities, housing, or
professional licensing, the subject shall be provided with a copy of the criminal history
record, whether obtained from the DCJIS or from any other source, prior to questioning the
subject about his or her criminal history. The source(s) of the criminal history record is also
to be disclosed to the subject.
G. Determining Suitability
If a determination is made, based on the information as provided in Section E of this policy,
that the criminal record belongs to the individual, and the subject does not dispute the
record’s accuracy, then the determination of suitability for the position or license will be
made. Unless otherwise provided by law, factors considered in determining suitability may
include, but not be limited to, the following:
1. Relevance of the record to the position sought;
2. The nature of the work to be performed;
3. Time since the conviction;
4. Age of the candidate at the time of the offense;
5. Seriousness and specific circumstances of the offense;
6. The number of offenses;
7. Whether the applicant has pending charges;
8. Any relevant evidence of rehabilitation or lack thereof; and
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9. Any other relevant information, including information submitted by the candidate or
requested by the organization.
H. Adverse Decisions based on CORI
If an authorized official is inclined to make an adverse decision based on the results of a
criminal history background check, the applicant will be notified immediately. The subject
shall be provided with a copy of the organization's CORI policy and a copy of the criminal
history. The source(s) of the criminal history will also be revealed. The subject will then be
provided with an opportunity to dispute the accuracy of the CORI record. Subjects shall also
be provided a copy of DCJIS’ Information Concerning the Process for Correcting a
Criminal Record.
I. Secondary Dissemination Logs
All CORI obtained from the DCJIS is confidential and can only be disseminated as
authorized by law. A central secondary dissemination log shall be used to record any
dissemination of CORI outside of authorized individuals, including dissemination at the
request of the subject.
XIX.

VEHICLE USAGE POLICY
A. PURPOSE
1. The purpose of this policy is to establish guidelines and standards for:
a. Vehicle Uses – Municipal, Personal, and Stipends
b. Personal Vehicle Use for Work Related Travel
c. Municipal Vehicle Assignments
d. Commuting and Imputed Tax
e. Vehicle Accident Reporting
f. Responsibilities When Driving a Municipal or a Personal Vehicle
g. Policy Exemptions
B. APPLICABILITY
The policy applies to all employees of the Town unless specifically mentioned in a
similar policy by a governing board. For the purposes of this policy, vehicles purchased
by the Light & Water Departments are governed by the Light & Water Commissioners.
Vehicles purchased by the School Department are governed by the School Committee.
All other Town vehicles will be governed by the Town Administrator regardless of
department and/or Appointing Authority.
If any provision of this policy violates any governing law or regulation, or if any law or
regulation applicable to this policy becomes effective after the effective date of this
policy, then this policy shall be deemed changed to be in compliance with such governing
law or regulation.
C. DEFINITIONS
Vehicle Stipend – the amount approved by the Town Administrator to compensate an
employee for regular and routine use of a Personal Vehicle for work related travel.
Vehicle Stipends are considered compensation and as such are subject to taxation.
Expense Reimbursement – payment for approved expenses relating to Personal Vehicle
use upon receipt of written documentation. Expense reimbursement is not considered to
be compensation.

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Municipal Vehicle –automobiles, truck, vans, or other self-propelled equipment owned,
rented, or leased by the Town and licensed for travel on a public way.
Personal Vehicle – a vehicle owned or available for private use by the employee.
Commuting – the use of a Municipal Vehicle for travel between the employee’s
residence and his or her principal work location. Under Internal Revenue Service (IRS)
regulations, the benefit of using a Municipal Vehicle for commuting is considered taxable
income to an employee and the value of the personal use of the Municipal Vehicle will be
included in his or her compensation.
D. VEHICLE USES
1. Municipal Vehicles
It is the policy of the Town that certain positions require employee access to
Municipal Vehicles, either during their work shift or on a 24-hour on-call basis.
Municipal Vehicles are not Personal Vehicles and are not for personal use. Municipal
Vehicles should be viewed as belonging to the Town and are assigned solely for
purposes consistent with providing services to the Town and its citizens and visitors.
2. Personal Vehicles
It is the policy of the Town to reimburse employees for reasonable expenses which
they incur as a result of Personal Vehicle use on behalf of the Town. Receipts and
expense reports must be submitted in a timely manner in order for employee to be
reimbursed for such expenses.
3. Vehicle Stipend
It is the policy of the Town that in the event an employee is required to use his or her
Personal Vehicle on a year-round basis, and that employee has not been assigned a
Municipal Vehicle, the Town Administrator may authorize the payment of a Vehicle
Stipend. Such stipend may be rescinded at any time and will not be paid in
combination with personal automobile expense reimbursement.
E. ADMINISTRATIVE REQUIREMENTS
1. Reimbursement of Work-Related Travel Expenses
When an employee is authorized to use a Personal Vehicle for work-related travel, he
or she shall be reimbursed for mileage at the IRS standard mileage rate, unless
covered by contract or stipend. Employees will be notified by the Accounting
Department of any changes to the IRS rate which typically changes every January 1.
In addition to the mileage rate, the Town will reimburse employees authorized to
travel outside of the Town, driving a Personal or Municipal Vehicle, within the scope
of employment, for tolls and reasonable parking expenses, when receipts are
provided.
Employees receiving a Vehicle Stipend may be reimbursed for reasonable parking
expenses. Those employees will not be reimbursed for tolls that are paid by the
employee during his or her normal commute to work.
In order to be reimbursed for Personal Vehicle use, employees must complete a
Reimbursement Expense Form provided by the Accounting Department and submit
the same with appropriate supporting documentation and/or receipts in a timely
manner. Employees will not be reimbursed for commuting between their homes and
offices or other regular work locations or any other personal use.
The reimbursement of fuel costs associated with personal use of Personal Vvehicles is
included in the payment at the IRS standard mileage rate. If an employee’s Ppersonal
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Vvehicle is supplied fuel by the Town, the employee shall reimburse the Town at
cost. Failure to do so will cause the Town-supplied fuel to be treated as imputed
income to the employee.
2. Insurance
Employees who are authorized to use Personal Vehicles for work- related travel are
required to show proof to the Accounting Department, on an annual basis, of the
following minimum levels of insurance coverage:
a. •
Bodily Injury:
$100,000/$300,000
b. •
Property Damage:
$50,000
F. MUNICIPAL VEHICLES
1. Employees are required to have a valid motor vehicle license for the class of vehicle
to be operated issued by the Commonwealth of Massachusetts or their state of current
residence and must show proof of such valid license to their Supervisor or
Department Head prior to being assigned a Municipal Vehicle. Prior to the
assignment of a Mmunicipal Vvehicle, a copy of the operator’s Massachusetts driving
record will be reviewed.
2. Employees authorized to use Mmunicipal Vvehicles may be subject to periodic
driving record checks through the Registry of Motor Vehicles. Driving records may
be reviewed by the HR Department, Department Head, and/or the Town
Administrator. Employees may be disqualified from driving Mmunicipal Vvehicles if
driving records indicate a safety concernat the discretion of the Town Administrator.
3. Assignment of Municipal Vehicles
a. The assignment of Municipal Vehicles with commuting privileges (24-hour
access) will be made by the Town Administrator and will only be considered for
employees who require a vehicle for the ordinary and necessary discharge of their
job functions, as identified in an approved position description provided by the
Department Manager and Human Resources Department. The following criteria
will be used in the determination of eligibility for 24-hour vehicle use:
i. Bona-fide non-compensatory reason that requires commuting in the
Mmunicipal Vvehicle;
ii. Officially designated 24-hour on-call status;
iii. Requirement for frequent emergency availability during non-working hours;
iv. Issuance of a pager or other communication device; and/or
v.
Emergency or other equipment contained in the vehicle.
The positions for whom vehicles classified asqualify for 24-hour emergency use
for the Town are:
i. Police and Fire Chiefs
ii. Police and Fire Deputy Chief
iii. Police Lieutenants and Detectives (unmarked)
iv. DPW Director
v.
Highway Superintendent
vi. Highway General Foreman
vii. On-Call Water Employee Vehicle
viii. On-Call Light Employee Vehicle

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The following Municipal Vehicles should be secured on Town premises at the
close of business:
i. All other Police and Fire Vehicles
ii. Park and Recreation Vehicles
iii. Cemetery Vehicles
iv. Building Commissioner Vehicle
v.
Light Department Vehicles
vi. Water Department Vehicles
vii. MART Vehicles
viii. School Department Vehicles
ix. Assessing Vehicles
x.
LCTV Vehicles
b. Municipal Vehicle assignments may be rescinded in writing at the discretion of
the assigning authority. Allowance of commuting privileges to non-emergency
Mmunicipal Vvehicles may be made by the Town Administrator (see Attachment
A).
c.b. The reimbursement of fuel costs associated with personal use of vehicles is
included in the payment at the IRS standard mileage rate. If an employee’s
personal vehicle is supplied fuel by the Town, the employee shall reimburse the
Town at cost. Failure to do so will cause the Town-supplied fuel to be treated as
imputed income to the employee.
d.c. The Town may install GPS monitoring systems in any Municipal Vehicle.
4. Employees authorized to commute in a Municipal Vehicle may be subject to imputed
income regulations as set forth by the Internal Revenue Service, which considers a
certain portion of the vehicle use (namely the commute) to be income for the
purposes of taxation. The Town Treasurer shall be responsible for determining any
tax liability and will be provided with the names of all employees authorized to use
Municipal Vehicles for commuting purposes. In the first year of service, the
employee will provide an estimate of both total miles and personal miles they
anticipates driving during the following reporting period. The normal commuting
distance of the employee will be used as a minimum estimate of personal miles driven
during the reporting period. Each subsequent December 1st, the employee will be
required to submit a Mileage Reporting Form (see Attachment E) as well as a copy of
their mileage log. Any true-up between the estimated personal miles and the actual
personal miles driven will occur in December of each year.
Employees who are assigned marked and unmarked police vehicles, and/or Municipal
Vehicles that meet eligibility criteria as defined under 26 CFR 1.274-5T will not be
subject to imputed income taxation as a result of the vehicle assignment. This
includes Police and Fire Chiefs, Police Deputy Chief, Lieutenants and Detectives.
a. The duties of the Deputy Chief of Police and Police Lieutenant require use of a
take-home police vehicle during employment. The Town shall provide, at its
expense, a fully equipped police vehicle with emergency equipment for the
position, enabling direct response to crime scenes and emergency situations, not
for personal use. The Town shall pay all costs for liability, property damage, and
comprehensive insurance, as well as purchase, operation, maintenance, repair, and
regular replacement of the vehicle.

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G. RULES AND RESPONSIBILITIES
Employees who drive a Municipal or Personal Vehicle are responsible for, but not limited
to, the following:
1. Municipal Vehicles may only be used for legitimate municipal business.
2. Individuals assigned a Municipal Vehicle with commuting privileges may take
“incidental personal uses” such as stopping at a grocery store or going to the bank on
their way home.
3. Operators should exercise sound judgment at all times when using assigned
Municipal Vehicles and should avoid even the appearance of misuse.
4. The Massachusetts Conflict of Interest Law discusses unwarranted privileges. Using
public equipment or resources for unauthorized personal use constitutes use of an
official position to obtain an unwarranted privilege not similarly available to others.
Misuse of an assigned Municipal Vehicle is an ethics violation.
5. Municipal Vehicles shall not be used to transport any individual who is not directly or
indirectly related to municipal business. Passengers shall be limited to Town
employees and individuals who are directly associated with Town work activity
(committee members, consultants, contractors, etc.). Family members shall not
ordinarily be transported in Municipal Vehicles unless prior approval is granted by
the Town Administrator. Police Officers transporting individuals in the performance
of their normal job duties are exempt from this provision.
6. The use of Personal Vehicles for transporting individuals unrelated to municipal
business shall not occur on Town work time.
7. Municipal Vehicles shall contain only those items for which the vehicle is assigned
and the operator’s necessary personal items.
8. The Town shall not be liable for the loss or damage of any personal property
transported in the Municipal Vehicle or for any personal property while using their
Personal Vehicle for work- related travel.
9. Employees are expected to keep Municipal Vehicles clean, and to report any
malfunction, damage, needed repairs or other vehicle problems to their supervisors
immediately.
10. Employees assigned Municipal Vehicles for commuting purposes are expected to
park such vehicles in safe locations and to lock the car when not in use. Operators
should never leave vehicles unattended with the ignition keys in the lock or anywhere
in the vehicle.
11. Unless expressly exempted by law, employees are to ensure that they and all
passenger(s) in a Municipal Vehicle wear seat belts at all times, if the Municipal
Vehicle is so equipped.
12. All operators assigned a Municipal Vehicle will be tested for drugs and alcohol as
provided by US DOT regulations and the Town’s drug/alcohol policy.
13. Employees may not operate Municipal Vehicles or Personal Vehicles being used for
work-related travel under the influence of alcohol, illegal drugs, or any controlled
substances, including prescription medications for which driving is contraindicated.
14. Employees are prohibited from possessing alcoholic containers, illegal drugs, or
controlled substances in a Municipal Vehicle or in a Personal Vehicle being used for
work- related travel.

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15. Police Officers who are required to carry prohibited items prohibited by this policy in
performing their normal job duties are exempt from applicable provisions.
16. Employees operating a Municipal Vehicle or a Personal Vehicle while on workrelated travel must maintain a valid motor vehicle license issued by the
Commonwealth of Massachusetts or the state of their current residence, which must
be provided upon request by a Supervisor during a specific or periodic license check.
17. Employees operating a Municipal Vehicle or a Personal Vehicle while on workrelated travel shall drive defensively and obey all applicable traffic and parking
regulations, ordinances, and laws.
18. Employees who incur parking or other fines/citations while operating or using an
assigned Municipal Vehicle or using a Personal Vehicle on work- related travel are
personally responsible for payment of such fines/citations.
19. Employees who are issued citations for any offense while operating or using a
Municipal Vehicle must notify their Supervisor immediately when practicable, but in
no case later than 24 hours after the issuance of an issued citation.
20. An employee who is assigned a Municipal Vehicle and who is arrested for or charged
with a motor vehicle offense for which punishment includes suspension or revocation
of the motor vehicle license, whether in his or her Personal Vehicle or in a Municipal
Vehicle, must notify his or her Supervisor immediately when practicable, but in no
case later than 24 hours after such arrest or charge has occurred. License suspension
or conviction of an offense may be grounds for loss of Municipal Vehicle privileges.
21. No employee may use a Municipal Vehicle for out-of-state use on work-related travel
without advance approval of the Town Administrator.
22. When utilizing a Municipal Vehicle, employees are required to obtain fuel from
designated Municipal fueling facilities, unless fueling is required in the course of outof-town travel.
23. Smoking is not permitted in a Municipal Vehicle. Those utilizing a Personal Vehicle
for work- related travel should be considerate of others in the vehicle who do not
smoke.
24. Drivers misusing Town vehicles may be held personally liable for damages to persons
or property, as well as their own legal expenses and defense, since the driver is acting
outside the course and scope of permitted Town business. Drivers who misuse Town
vehicles are also subject to disciplinary action by the Town.
H. CELLULAR PHONES AND HANDHELD ELECTRONIC DEVICES
The use of cellular phones and handheld electronic devices is governed by the Town’s
Municipal Wireless Telephone Usage Policy.
I. VEHICLE ACCIDENTS
When an employee using a Municipal Vehicle or Personal Vehicle on work-related travel
is involved in a motor vehicle accident, the operator must:
1. Stop the vehicle
2. Obtain the following information:
a. Name(s) and address(es) of the other driver(s);
b. Drivers license number(s) of the other driver(s);
c. Name(s) and address(es) of the owner(s);
d. Registration number(s) of the other vehicle(s) involved;
e. Name(s) and address(es) of other driver(s) insurance company(ies); and,

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f. Name(s) and address(es) of any witness(es) to the accident.
1. Do not admit liability for the accident, even if the employee believes it was their
fault.
2. Immediately report details to the employee’s immediate supervisor.
3. When any person has been injured and/or when vehicles have suffered significant
damage, the local or state police must be called to the scene.
4. Do not move the vehicle in these circumstances until authorized by the police.
5. Unless an injury prevents the operator from doing so, they must fill out a Vehicle
Accident Report within 48 hours of the accident. A blank copy of the form may be
obtained from the Accounting office. The completed VAR shall be filed with their
direct Supervisor.
6. The Supervisor shall ensure all information is in the report and file a copy with the
Town Administrator’s office.
7. The Supervisor shall also file a copy with the Human Resources Department for
placement in the employee’s personnel file.
J. SPECIAL CIRCUMSTANCES
This policy is intended to provide a basic framework governing the use of Personal and
Municipal Vehicles in the Town and as such cannot describe every situation that might
arise. Employees seeking clarification of this policy should contact their supervisor or the
HR Department. Exemptions from certain provisions of this policy may be authorized by
the appropriate governing body (i.e., Select Board, School Committee, Light and Water
Commissioners), under mitigating circumstances, at the request of the Department Head.
Such exemptions must be documented and signed off by the employee (see Attachment
B), approved by the appropriate governing board, and noted by the Human Resources
Department, so as to be placed in the employee’s personnel file.
K. EXEMPTIONS
Exemptions to the Vehicle Use Policy are strictly limited. Exemptions that will increase
the liability to the Town are prohibited. Issues related to insurance coverage,
transportation of individuals unrelated to municipal business, operating a vehicle without
a valid motor vehicle license, are examples of what may not be exempted.
XX.

ALCOHOL AND DRUGS/CONTROLLED SUBSTANCES USE AND TESTING POLICY
The Town has a long-standing commitment to maintain the highest standards for employee and
public safety and health and the misuse of alcohol or the use of drugs/controlled substances is
contrary to these high standards. The purpose of the Policy is to reduce accidents that result from
the misuse of alcohol or the use of drugs/controlled substances, thereby reducing fatalities,
injuries, and property damage.
The use or possession of alcoholic beverages or drugs/controlled substances by Town employees
while on Town property, in any Town vehicle, or on Town time, including breaks or lunchtime,
paid or unpaid, during any shift, is prohibited.
Any applicant or employee who is required to hold a Commercial Driver’s License or who
performs safety-sensitive functions will be subject to the alcohol and drugs/controlled substances
testing provisions of this policy. The Town has implemented the Federal Highway
Administration (“FHA”) Alcohol and Drug Testing Regulations as set forth in 49 CFR Parts 382,
391, and 392, and the Department of Transportation, Procedures for Transportation Workplace
Drug and Alcohol Testing Programs as set forth in 49 CFR Part 40, and as they may be amended.

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A. DEFINITIONS
Any term which is not defined shall be given its ordinary common sense meaning. Unless
the context indicates otherwise, the terms defined herein shall have the following
meanings:
Accident
1. Except as provided in paragraph (b) of this definition, an occurrence involving a
commercial motor vehicle operating on a public road which results in:
a. A fatality;
b. Bodily injury to a person who, as a result of the injury, immediately receives
medical treatment away from the scene of the accident; or
c. One or more motor vehicles incurring disabling damage as a result of the accident,
requiring the vehicle to be transported away from the scene by tow truck or other
vehicle.
2. The term accident does not include:
a. An occurrence involving only boarding and alighting from a stationary motor
vehicle; or
b. An occurrence involving only the loading or unloading cargo; or
c. An occurrence in the course of the operation of a passenger car or a multipurpose
passenger vehicle (as defined in 49 CFR §571.3) by a motor carrier and is not
transporting passengers for hire or hazardous materials of type and quantity that
require the motor vehicle to be marked or placarded in accordance with 49 CFR
§177.823.
Alcohol - the intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular
weight alcohols including methyl or isopropyl alcohol.
Alcohol Concentration or Content - the alcohol in a volume of breath expressed in terms
of grams of alcohol per 210 liters of breath as indicated by an evidential breath test.
Alcohol Test - a test conducted by a Breath Alcohol Technician or any other person
approved by the Department of Transportation rules, using an Evidential Breath Testing
Device to measure the amount of alcohol concentration in a volume of breath, or any
other test used to detect the presence of alcohol that is approved by the Federal Highway
Administration (FHWA).
Alcohol Use - the consumption of any beverage, mixture, or preparation, including any
medication containing alcohol.
Breath Alcohol Technician (BAT) - an individual who instructs and assists individuals in
the alcohol testing process and operations an EBT.
Commercial Motor Vehicle - means a motor vehicle or combination of motor vehicles
used in commerce to transport passengers or property if the motor vehicle:
1. Has a gross combination weight rating of 26,001 or more pounds inclusive of a towed
unit with a gross vehicle weight rating of more than 10,000 pounds; or
2. Has a gross vehicle weight rating to 26,001 or more pounds; or
3. Is designed to transport 16 or more passengers, including the driver; or
4. Is of any size and is used in the transportation of materials found to be hazardous for
the purposes of the Hazardous Materials Transportation Act and which require the
motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR
part 172, subpart F).

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Confirmation Test
1. For alcohol testing, a confirmation test means a second test following a screening test
with a result greater than 0.00 that provides quantitative data of alcohol concentration.
Confirmation of the screening test must be by an Evidential Breath Testing (EBT)
device listed on the National Highway Traffic Safety Administration’s (NHTSA)
Conforming Products List (CPL), and must be capable of printing out each test result
and air blank, and must sequentially number each test.
2. For drugs/controlled substances testing, a confirmation test means a second analytical
procedure to identify the presence of a specific drug or drug metabolite which is
independent of the screen test and which uses a different technique and chemical
principal from that of the screen test in order to ensure reliability and accuracy. (Gas
Chromatography/Mass Spectrometry (GC/MS) is the authorized confirmation method
for cocaine, marijuana, opiates, amphetamines, and phencyclidine).
Covered Employee - includes drivers as defined herein, mechanics, and individual who
loads or unloads the vehicle, or any other individual who performs a safety-sensitive
function.
Driver - Any person who operates a commercial motor vehicle, including, but not limited
to, full-time, part-time, regularly employed drivers, casual, intermittent or occasional
drivers, leased drivers and independent, owner-operator contractors who are either
directly employed by or under lease to the Town or who operate a commercial motor
vehicle at the direction of or with the consent of the town. For the purposes of preemployment/pre-duty testing only, the term driver includes an individual applying to the
Town for a position which involves the operation of a commercial motor vehicle.
Drug/Controlled Substance - Controlled substances include cocaine, marijuana, opiates,
amphetamines, and phencyclidine and any other substance determined by the U.S. or the
Commonwealth of Massachusetts to be a drug/controlled substance.
Evidential Breath Testing Device (EBT) - An EBT approved by the National Highway
Traffic Safety Administration (NHTSA) for evidential testing of breath and placed on
NHTSA’s “Conforming Products List of Evidential Breath Measurement Devices”
(CPL), and identified on the CPL as conforming with the model specifications available
from the National Highway Safety Administration, Office of Alcohol and State
Programs.
Follow-up Test - A follow-up test is an alcohol and/or drugs/controlled substances test
administered to a covered employee who has violated the prohibitions of this policy and
who has been permitted to return to duty after passing a return-to-duty alcohol and/or
drugs/controlled substances test.
Medical Review Officer (MRO) – An MRO is a licensed physician (medical doctor or
doctor of osteopathy) responsible for receiving laboratory results generated by the
Town’s drug testing program who has knowledge of substance abuse disorders and has
appropriate medical training to interpret and evaluate an individual’s confirmed positive
result together with his or her medical history and any other relevant biomedical
information.
Pre-Employment Test - A pre-employment test is an alcohol and/or drugs/controlled
substances test administered to an individual prior to the first time the individual
performs a safety-sensitive function upon appointment to a position requiring the
individual to hold a CDL or prior to the first time the individual performs a safety-

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sensitive function after having been laid off from a position requiring the individual to
hold a CDL. In addition, alcohol and/or drugs/controlled substances tests may be
administered to and person applying for a Town position.
Random Test - A random test is an alcohol and/or drugs/controlled substances test
administered to a driver who has been randomly selected by a scientifically valid method
from among the pool of Town drivers subject to such tests.
Reasonable Suspicion Test - A reasonable suspicion test is an alcohol and/or
drugs/controlled substances test administered to a covered employee as a result of a
trained Town official’s belief that the covered employee has violated the drug, alcohol, or
controlled substances prohibitions of this policy. A reasonable suspicion determination
must be based on specific contemporaneous, articulable observations concerning the
appearance, behavior, speech or body odors of the covered employee. The observations
may include indications of the chronic and/or withdrawal effects of drugs/controlled
substances or alcohol and any of the following:
1. Documentation of unsatisfactory work performance or on-the-job behavior.
2. Evidence off the manufacture, distribution, dispensing, possession, or use of
drugs/controlled substances, alcohol, or other prohibited substances.
3. Occurrence of a serious or potentially serious accident that may have been caused by
human error.
4. Fights (physical contact), assaults, and flagrant disregard or violations of established
safety, security or other work rules.
Refusal to Submit (To an Alcohol or Controlled Substance Test)
1. A covered employee who fails to provide adequate breath for testing without a valid
medical explanation after he or she has received notice of the requirement for breath
testing in accordance with the provisions of this part;
2. A covered employee who fails to provide adequate urine for controlled substances
testing without a valid medical explanation after he or she has received notice of the
requirement for urine testing in accordance with the provisions of this part;
3. A covered employee who engages in conduct that clearly obstructs the testing
process;
4. A covered employee who fails to be readily available for post-accident testing; and
5. A covered employee who fails to report to, and undergo alcohol and drugs/controlled
substances testing, a collection site as required.
Safety-Sensitive Function - A covered employee shall be considered to be performing
safety-sensitive functions whenever:
1. inspecting or servicing the vehicle, or
2. driving or at the controls of the vehicle, or
3. resting in the vehicle, or
4. loading or unloading the vehicle including the performance of any related paperwork,
or
5. performing those duties required of a driver involved in a vehicle accident, or
6. repairing or attending to a disabled vehicle, or
7. during all time while providing a breath sample or urine specimen including travel
time to and from the collection site in order to comply with testing being directed by
the Town.
Screening Test (Also Known as an Initial Test)

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1. In alcohol testing, a screening test means an analytical procedure to determine
whether a covered employee may have a prohibited concentration of alcohol in his or
her system.
2. In drugs/controlled substances testing, a screening test means an immunoassay screen
(or other DHHS-approved test) to eliminate “negative” urine specimens from further
consideration.
Substance Abuse Professional (SAP) - a licensed physician (Medical Doctor or Doctor
of Osteopathy), or a licensed or certified psychologist, social worker, or addiction
counselor (certified by the National Association of Alcoholism and Drug Abuse
Counselors Certification Commission) with knowledge of and clinical experience in the
diagnosis and treatment of alcohol and drugs/controlled substances-related disorders.
Vehicle - A commercial motor vehicle as defined above.
B. PROHIBITED CONDUCT
1. GENERAL
a. If a municipal employee or official has actual knowledge that any of the following
prohibitions have been violated, they shall not permit that employee in violation
from performing any covered functions.
b. No covered employee shall report for duty or remain on duty while using any
drug/controlled substance, except when the use is pursuant to the instructions of a
physician who has advised the employee that the substance does not adversely
affect the employee’s ability to perform the covered function.
2. ALCOHOL
a. Covered employees are prohibited from reporting for duty or remaining affected
by alcohol or when their blood alcohol concentration is 0.02 or greater.
b. Covered employees are prohibited from possessing or using alcohol while on
duty. Covered employees are prohibited from having used alcohol within four (4)
hours of reporting for duty. Employees are cautioned that refraining from alcohol
for four (4) hours before reporting for duty may not result in a negative test.
Alcohol levels are affected by the amount of alcohol consumed, physical
characteristics of the employee, and the employee’s rate of metabolizing alcohol
which has been consumed.
c. Covered employees are prohibited from using alcohol during the hours that they
are on call. NOTE: Covered employees are cautioned that prescription drugs and
over the counter medications which contain alcohol may result in the employee
having a positive test.
d. Drivers are prohibited from performing safety-sensitive functions for 24 hours
following an alcohol test result indicating an alcohol concentration of greater than
0.02. Such drivers shall be in a non-paid status for the period of time they are
prohibited from performing safety-sensitive functions.
e. A covered employee is prohibited from being on duty or operating a municipal
motor vehicle while the employee possesses alcohol unless the alcohol is being
transported on municipal business.
f. A covered employee required to take a post-accident alcohol test is prohibited
from using alcohol for eight (8) hours following the accident or until they
undergoes a post-accident alcohol test, whichever occurs first.

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g. A covered employee is prohibited from refusing to submit to a post-accident,
reasonable suspicion, return-to-duty or follow-up alcohol test. A driver is
prohibited from refusing to submit to a pre-employment, post-accident, random,
reasonable suspicion, return-to-duty, or follow-up alcohol test.
3. DRUGS/CONTROLLED SUBSTANCES
a. A covered employee is prohibited from reporting for duty or remaining on duty
when the covered employee uses any drugs/controlled substances, except when
the use is pursuant to the instructions of a physician who has advised the
employee that the substance does not adversely affect their ability to safely
perform their duties.
b. A driver is prohibited from reporting for duty, remaining on duty, or performing a
safety-sensitive function if the driver tests positive for drugs/controlled
substances. A covered employee is prohibited from reporting for duty and
remaining on duty if the covered employee tests positive for drugs/controlled
substances. A covered employee who tests positive for drugs/controlled
substances shall be required to be evaluated by a SAP. Any removal from duty
shall be without pay. Subject to the supervisor’s approval, employees will be
allowed to substitute accrued paid leave for time lost under this provision.
However, such substitution will be granted on a one time basis.
c. A driver is prohibited from refusing to submit to a pre-employment, postaccident, random, reasonable suspicion, return to duty, or follow-up test for
drugs/controlled substances. A covered employee is prohibited from refusing to
submit to a pre-employment, post-accident, reasonable suspicion, return-to-duty,
or follow-up drugs/controlled substances test.
C. TRAINING AND EDUCATION
1. EMPLOYEE TRAINING
a. Employees who fall under the scope of this policy shall receive training consisting
of the following:
i. The identity of employer representatives available to answer questions about
these materials.
ii. The categories of individuals who are subject to the alcohol and drug testing.
iii. Specific information about individual conduct prohibited by DOT
alcohol/drug regulations.
iv. Circumstances for testing for alcohol and/or drugs, protect the individual and
the integrity of the testing process, safeguard the validity of the test results,
and ensure that those results are attributed to the correct individual.
v. The requirement that an individual submit to DOT alcohol and drug tests.
vi. Explanation of the consequences of refusing to submit to DOT alcohol and
drug tests, including the requirement that the individual be removed
immediately from safety-sensitive functions, and the requirements for
evaluation and/or treatment by a SAP and return to duty and/or follow-up
testing.
vii. The consequences for individuals found to have an alcohol concentration of
0.02 or greater.
viii. Information concerning the effects of alcohol and drug use on an
individual’s health, work, and personal life; signs and symptoms of an alcohol

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or drug problems (the individual’s or coworker’s); and available methods of
intervening when an alcohol or drug problems is suspected, including
confrontation, referral to any employee assistance program, and/or referral to
management.
2. SUPERVISOR TRAINING
a. Supervisory personnel responsible for covered employees will receive training
under this Policy.
b. The training shall include at least one 60-minute period of training on the specific,
contemporaneous physical, behavioral, and performance indicators of probable
drug use, and at least one 60-minute period of training on the specific,
contemporaneous physical, behavioral, and performance indicators of probable
alcohol misuse.
c. Training shall be for supervisors who may determine whether an employee must
be alcohol and/or drug tested for reasonable suspicion.
D. NOTICE
1. Before performing a drug, alcohol, or controlled substances test under the
requirements of the Department of Transportation rules and regulations, drivers being
tested shall be notified that the alcohol and/or drugs/controlled substances test is
required by 49 CFR Part 382.
2. Before performing a drug, alcohol, or controlled substances test under this policy,
covered employees other than drivers being tested shall be notified that the alcohol
and/or drugs/controlled substances test is required by this policy.
E. TESTING PROCEDURE
Any drug, alcohol, or controlled substances testing will comply with the procedure of
Title 49 CFR Part 40.
1. GENERAL
a. Title 49 Code of Federal Regulations (CFR) Part 382 requires that employers of
Commercial Motor Vehicle (CMV) operators test their employees for alcohol and
prohibited drugs under the following work-related conditions:
i. Pre-Employment/ Pre-Assignment
ii. Random
ii. Reasonable Suspicion
iv. Post-Accident
v. Return-to-Duty
vi. Follow-Up
b. Title 49 CFR Part 40 specifies procedures which must be followed by the Town,
and its service providers (e.g. MROs) when conducting alcohol and drug testing
pursuant to regulations issued by agencies of the Department of Transportation.
c. All information related to testing will be treated as confidential except as required
to comply with DOT requirements, safeguard the safety of personnel and the
public, or as otherwise legally required or allowed.
d. The Town shall test each employee who performs a function listed in Appendix B
for evidence of the following substances:
Marijuana, Cocaine, Opiates, Phencyclidine (PCP), and Amphetamines
2. PRE-EMPLOYMENT TESTING

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Employees currently in a “covered” position are not required to submit to a preassignment test upon entering another “covered” position.
a. A pre-employment alcohol test with a result indicating an alcohol
concentration less than 0.02, and drug test indicating a verified negative result,
must be conducted before an individual is hired and when an individual is
transferred/promoted from a non-covered to a covered position. This also
applies to employees returning from a leave of absence who have not been
participating in the AMPADP and subject to the random selection process.
Employees with an alcohol test result concentration of 0.02 or greater or who
fail the drug test will not be assigned into the safety sensitive position and will
remain in their current position.
b. New employees shall sign a Consent for Release of Alcohol and Drug Misuse
and Testing Information form. This form authorizes the Town to obtain
information on the individual’s DOT alcohol tests with a concentration of 0.04
or greater, positive DOT drug test results, and refusals to be tested, within the
preceding two years, which are maintained by the individual’s previous
employers. The individual shall not be allowed to perform safety-sensitive
functions after 14 days without obtaining this information.
Exception: The only exception to this requirement is if the information has been
requested but a previous employer, in violation of DOT regulation, refuses to provide
the information. In this case, a notation of such circumstances must be placed in the
individual’s file. If the individual stops performing safety-sensitive functions before
expiration of the 14-day period or before the company has obtained the required
information, the company must still obtain the information.
3. 3RANDOM TESTING
a. The primary purposes of random testing are to deter alcohol and/or prohibited
drug use and to ensure an alcohol and drug free work force. DOT regulations
require that covered employees shall be subject to alcohol and drug testing on an
unannounced and random basis.
Alcohol Testing:
The minimum annual percentage rate for random alcohol testing shall be 25
percent of the average number of driver positions.
Drug Testing:
The minimum annual percentage rate for random controlled substance testing
shall be 50 percent of the average number of driver positions.
b. The following is a discussion of some of the key aspects of the random testing
process.
i. Employees remain in the random selection pool at all times, regardless of
whether or not they have been previously selected for random or other
required testing. Each driver shall have an equal chance of being selected for
testing each time selections are made.
ii. Employees shall be selected for testing by using a computer- based random
number generator or equivalent random selection method that is matched with
an employee’s social security number or employee ID number.
iii. Random alcohol and drugs/controlled substance test shall be unannounced and
shall be spread reasonably throughout the year.

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iv. Employees will be selected for random testing based on the number of covered
employees at the time and the necessary testing rate.
v. Testing will be conducted on different days of the week throughout the annual
cycle.
c. Steps for random testing:
i. The ADPM (or designee) shall use the random selection procedures to
compile a list of covered employees selected for random testing during that
testing cycle.
ii. The ADPM (or designee) shall ensure that the list of social security numbers
or employee identification numbers will identify the correct employees who
are to be randomly tested during the testing cycle.
iii. The appropriate manager/supervisor will notify the employee to be tested to
report to the specific collection site as instructed.
iv. Employees will be notified that they have been selected for testing at any time
during their shift on the day of collection.
v. Employees shall report immediately to the collection site within 30 minutes,
plus travel time, once notified by the appropriate official.
d. Employees who are directed to submit to an alcohol and drug test and who refuse
to cooperate will be considered to have failed the test, be removed from the job,
considered insubordinate and will be disciplined up to an including discharge.
4. REASONABLE SUSPICION TESTING
a. A covered employee shall promptly submit to an alcohol and/or drugs/controlled
substances test whenever a trained supervisor or trained Town official has a
reasonable suspicion to believe that the covered employee has violated the drug,
alcohol or controlled substances prohibitions of this policy.
b. The observations required by the paragraph above must be made during, just
preceding, or just after the period of the workday that the covered employee is
required to be in compliance with this policy.
c. After determination of reasonable suspicion, the alcohol test shall be administered
within two hours unless the supervisor or Town official prepares and maintains on
file a record stating the reasons the test was not administered within that time. The
test may be conducted up to eight hours after the reasonable suspicion is made. If
the test is not administered within eight hours after the determination, attempts to
administer the test shall stop and the supervisor or Town official shall record and
maintain on file the reasons why the test was not conducted.
d. No covered employee shall be subject to reasonable suspicion drug testing later
than 24 hours following the determination that reasonable suspicion exists to
require the covered employee to undergo such test. If the test is not administered
within 24 hours after the reasonable suspicion determination, attempt to
administer the test shall stop and the supervisor or Town official shall record and
maintain on file the reasons why the test was not conducted.
e. A trained supervisor or trained Town official who makes the determination that
reasonable suspicion exists to conduct an alcohol test shall not conduct the
alcohol test of the covered employee.
f. A written record shall be made of the observation leading to a drugs/controlled
substances reasonable suspicion test and shall be signed by the trained supervisor

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or trained Town official who made the observations within 32 hours of the
observed behavior or before he results of the drugs/controlled substances test are
released, whichever is earlier.
g. A written record shall be made of the observations leading to an alcohol
reasonable suspicion test and shall be signed by the trained supervisor or trained
Town official who made the observations within 24 hours of the observed
behavior.
h. Nothing herein shall prohibit a supervisor or a Town official from determining
that a covered employee is unfit for duty. Nothing in this paragraph shall be used
to circumvent the requirements stated in this Section D.
5. POST-ACCIDENT TESTING
a. A surviving covered employee shall be subject to post-accident alcohol and
drugs/controlled substances testing as soon as practicable following the accident.
b. A covered employee subject to post-accident testing shall be subject to a breath
alcohol test not later than eight hours following the accident and to a
drugs/controlled substances test no later than 32 hours following the accident.
c. If an alcohol test is not administered within two hours following the accident, the
trained supervisor or trained Town official shall prepare and maintain on file a
record stating the reasons the test was not administered. If an alcohol test is not
administered within eight hours following the accident, the trained supervisor or
trained Town official shall cease attempts to administer an alcohol test and shall
prepare and maintain the same record. If a drugs/controlled substances test is not
administered within 32 hours following the accident, the trained supervisor or
Town official shall cease attempts to administer a drugs/controlled substances
test, and prepare and maintain on file a record stating the test was not promptly
administered.
d. A covered employee who is subject to post-accident testing shall remain readily
available for such testing or shall be deemed to have refused to submit to testing.
Nothing herein shall be construed to require the delay of necessary medical
attention or to prohibit the covered employee from leaving the scene of the
accident for the period of time necessary to obtain assistance in responding to the
accident, obtain necessary medical treatment for injured people, or to obtain
materials necessary to secure the accident test.
6. RETURN-TO-DUTY TESTING
Employees who fail or refuse to take the alcohol and/or drug test under Reasonable
Suspicion, Post-accident, or Random, and where the action taken is short of discharge
will be allowed to return to their safety sensitive position only after receiving an
alcohol test result of less than 0.02 and/or passing a drug test in accordance with DOT
procedures as directed by the MRO, and after a rehabilitation plan, if applicable, and
a schedule for the employee’s return to work has been developed and determined by
the SAP.
7. FOLLOW-UP TESTING
a. A covered employee who has undergone an alcohol test with a result of 0.02 or
greater or who has tested confirmed positive for drugs/controlled substances, and
who is subject to, and has complied with the return-to-duty testing provisions

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above, shall, at the Town’s discretion, be permitted to return to work subject to
the following:
i. The covered employee has been evaluated by a substance abuse professional
who shall determine what assistance, if any, the covered employee needs in
resolving problems associated with alcohol misuse and/or drugs/controlled
substances use; and
ii. The covered employee shall be subject to unannounced follow-up testing as
directed by an SAP.
a. The number and frequency of such follow-up testing shall be as directed
by the SAP, and consist of at least six (6) tests in the first twelve (12)
months following the individual’s return to duty.
b. Any such testing shall be performed in accordance with the requirements
of 49 CFR Part 40. Follow-up testing shall not exceed 36 months from the
date of the individual’s return to duty.
c. The SAP may terminate the requirement for follow-up testing at any time
after the first six (6) tests have been administered, if the SAP determines
that such testing is no longer necessary.
8. DISPUTES OVER DRUG TEST RESULTS
If an employee disputes the validity of the drug test results, the reserve sample at the
laboratory will be made available for a second test.
For more information, see Section XI: RETESTING A SAMPLE.
F. TESTING PROCEDURES & REQUIREMENTS
1. ALCOHOL
a. Alcohol tests shall be administered by a Breath Alcohol Technician (BAT) using
an Evidential Breath Testing device (EBT) except that if the Department of
Transportation Federal Highway Administration approves administration of tests
by persons other than BATs or approves the use of other methods or technologies
for detecting the presence of alcohol then the administration of tests by such other
persons and/or the use of such other methods or technologies shall be permitted
under this policy.
b. Alcohol testing shall be conducted in accordance with procedures set out as
follows:
i. A covered employee directed to undergo alcohol testing shall proceed to the
designated test site as instructed.
ii. A covered employee shall follow all procedures and instructions given by the
Breath Alcohol Technician (BAT) including completing, signing, initialing,
and/or dating any required forms or logbooks. If the covered employee takes
the test but fails to sign the certification in Step 4 of the Breath Alcohol
Testing Form, or fails to initial the logbook entry and the test shows a
concentration of less than 0.02, it should not be considered a refusal to test.
iii. The testing site shall provide visual and aural privacy to the covered
employee, sufficient to prevent unauthorized persons from seeing or hearing
test results. All necessary equipment, personnel and materials for breath
testing shall be provided at the location where the testing is conducted.

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iv. No unauthorized persons shall be permitted access to the testing location when
the Evidential Breath Testing Device remains unsecured or, in order to
prevent such persons from seeing or hearing test results, at any time when
testing is being conducted.
v. In unusual circumstances (for example, when it is essential to conduct a test
outdoors at the scene of an accident), a test may be conducted at a location
that does not fully meet the requirements of paragraph c, above. In such cases,
the covered employee shall be provided visual and aural privacy to the
greatest extent practicable.
vi. The BAT shall supervise only one covered employee’s use of the EBT at a
time and shall not leave the alcohol testing location while the testing
procedure for a given covered employee is in progress.
vi. Upon entering the test site, the covered employee shall be required to provide
the BAT with positive identification. Positive identification may take the form
of a photo ID card or identification by a supervisor or Town official. On
request of the covered employee, the BAT shall provide positive identification
to the covered employee.
viii. If a screening test of a covered employee indicates a breath alcohol
concentration of less than 0.02, no further alcohol testing of the covered
employee shall be conducted during this testing event, the BAT shall transmit
the result to the Town in a confidential manner.
ix. If the result of a screening test of a driver indicates a breath alcohol
concentration of 0.02 or greater, the driver shall be required to undergo a
confirmation test.
x. If the confirmation test will be conducted by a different BAT, the BAT who
conducts the screening test shall complete and sign the Breath Alcohol
Testing Form and logbook entry. The BAT shall provide the covered
employee with Copy 2 of the form.
xi. If a BAT other than the one who conducted the screening test is conducting the
confirmation test, the covered employee shall be required to provide positive
identification in accordance with paragraph g. above, to the new BAT and the
covered employee may request positive identification of the new BAT.
xii. The covered employee shall not eat, drink, put any object or substance in his
or her mouth, and, to the extent possible, not belch during a waiting period
before the confirmation test. This waiting period begins with the completion
of the screening test and shall not be less than 15 minutes.
xiii. The confirmation test shall be conducted within 20 minutes of the completion
of the screening test.
xiv. If a BAT other than the one who conducted the screening test is conducting
the confirmation test, the new BAT shall initiate a new Breath Alcohol
Testing form. The covered employee shall then complete Step 2 on the form,
signing the certification. Refusal of the covered employee to sign the
certification shall be deemed a refusal to test.
xv. Refusal by the covered employee to complete and sign the Breath Alcohol
Testing form (Step 2), to provide breath, to provide an adequate amount of
breath, of otherwise to cooperate with the testing process in a way that

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prevents the completion of the test shall be noted by the BAT in the
“Remarks” section of the form. The testing process shall be terminated and
the BAT shall immediately notify the Town Designated Representative
(TDR).
xvi. Refusal by the covered employee to complete and sign the Breath Alcohol
Testing Form (Step 2), to provide breath, to provide an adequate amount of
breath, of otherwise to cooperate with the testing process in a way that
prevents the completion of the test shall be deemed a refusal to test.
xvii. If a screening or confirmation test cannot be completed, or if an event occurs
that would invalidate the test, the BAT shall, if practicable, begin a new
screening or confirmation test, as applicable, using a new Breath Alcohol
Testing form with a new sequential test number.
xviii. If the covered employee is unable, or alleges that he or she is unable, to
provide an amount of breath sufficient to permit a valid breath test because of
a medical condition, the BAT shall again instruct the covered employee to
attempt to provide an adequate amount of breath.
a. If the covered employee refuses to make the attempt, the BAT shall
immediately inform the TDR.
b. If the covered employee attempts and fails to provide an adequate amount
of breath, the BAT shall so note in the “Remarks” section of the breath
alcohol form and immediately inform the TDR.
c. If the covered employee attempts and fails to provide an adequate amount
of breath, the TDR shall direct the covered employee to obtain, as soon as
practicable after the attempted provision of breath, an evaluation from a
licensed physician who is acceptable to the Town concerning the covered
employee’s medical ability to provide an adequate amount of breath.
d. If the licensed physician determines, in his or her reasonable medical
judgment, that a medical condition has, or with a high degree of
probability, could have, precluded the covered employee from providing
an adequate amount of breath, the covered employee’s failure to provide
an adequate amount of breath shall not be deemed a refusal to take a test.
The physician shall provide to the Town a written statement of the basis
for his or her conclusion.
e. If the licensed physician, in his or her reasonable medical judgment, is
unable to determine that a medical condition has, or with a high degree of
probability, could have, precluded the covered employee from providing
an adequate amount of breath, the covered employee’s failure to provide
an adequate amount of breath shall be deemed a refusal to take a test. The
physician shall provide to the Town a written statement of the basis for his
or her conclusion.
2. DRUGS/CONTROLLED SUBSTANCES
Drugs/controlled substances testing shall be conducted by a certified laboratory and
in accordance with procedures set out as follows:
a. Covered employees directed to undergo a drugs/controlled substances test shall
proceed to the designated collection site as instructed.

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b. Covered employees shall follow all procedures and instructions given by the
collection site persons. Failure to do so shall be considered a refusal to test.
c. The collection site person shall collect a urine sample from the covered employee
in accordance with Federal Highway Administration procedures.
d. Covered employees shall provide at least 45 ml of urine for testing. Covered
employees who fail to provide at least 45 ml of urine shall be subject to the
provisions of Paragraph 18 below.
e. The collection site person shall divide the specimen into two containers. One
container shall contain at least 30 ml of urine and shall be the primary specimen.
The other container shall contain at least 15 ml of urine and shall be a spilt
specimen.
f. Both containers shall be shipped in a single shipping container, together with
copies 1 and 2, and the split specimen copy of the chain of custody form, to the
laboratory.
g. The laboratory shall log in the split specimen with the split specimen seal
remaining intact. The laboratory shall store the split specimen securely in
accordance with approved procedures.
h. The primary specimen shall undergo a screening test for the presence of
drugs/controlled substances. If a screening test detects the presence of
drugs/controlled substances, the primary specimen shall undergo a confirmation
test.
i. If the result of the test of the primary specimen is negative, the laboratory may
discard the split specimen.
j. The MRO shall review all primary specimen results. If the result of the test of the
primary specimen is confirmed positive for the presence of drugs/controlled
substances, the MRO shall notify the covered employee that the covered
employee has 72 hours in which to request a test of the split specimen if the
conformed positive test is verified as positive. If the result of the test of the
primary specimen is negative, the MRO shall have the authority to direct an
employee to undergo a retest for the presence of drugs/controlled substances if,
upon review of those results, the MRO has reason to believe the primary
specimen has been adulterated.
k. If the primary specimen tests confirmed positive for the presence of
drugs/controlled substances, the covered employee may request, in writing that
the MRO direct that the split specimen be tested is a different DHHS-certified
laboratory for the presence of the drug(s) or drug metabolite(s) for which a
positive test result was obtained in the test of the primary specimen. The MRO
shall honor such request if it is made within 72 hours of the covered employee
having been notified of a verified positive test result. The covered employee shall
be responsible for any and all costs associated with having the split specimen
tested.
l. If the covered employee has not contacted the MRO within 72 hours the covered
employee may present to the MRO information documenting that serious illness,
injury, inability to contact the MRO, lack of actual notice of the verified positive
test, or other circumstances unavoidably prevented the covered employee from
timely contacting the MRO. If the MRO concludes that there is a legitimate

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explanation for the covered employee’s failure to contact the MRO within 72
hours, the MRO shall direct that the re-analysis of the primary specimen or
analysis of the split specimen, as applicable, be performed. The covered employee
may not request re-analysis of the primary specimen.
m. If the result of the test of the primary specimen is positive, the laboratory shall
retain the split specimen in frozen storage for 60 days from the date on which the
laboratory acquires it. Following the end of the 60-day period, if not informed by
the MRO that the covered employee has requested a test of the split specimen, the
laboratory may discard the split specimen.
n. If the MRO directs the first laboratory in writing to forward the split specimen to
a second DHHS-certified laboratory, the second laboratory shall analyze the split
specimen by GC/MS to reconfirm the presence of the drug(s) or drug
metabolite(s) found in the primary specimen. Such GC/MS confirmation shall be
conducted without regard to the cutoff levels established by DHHS. The split
sample shall be retained in long-term storage for one year by the laboratory
conducting the analysis of the split specimen (or longer if litigation concerning
the test is pending).
o. The result of the test of the split specimen shall be transmitted by the second
laboratory to the MRO.
p. If the analysis of the split specimen fails to reconfirm the presence of the drug(s)
or drug metabolite(s) found in the primary specimen, or if the split specimen is
unavailable, inadequate for testing or untestable, the MRO shall cancel the test
and report the cancellation and the reasons for it to the TDR, the covered
employee, and to DOT for CDL holders.
q. A covered employee whose primary specimen tests confirmed positive for the
presence of drugs/controlled substances and who requests, in accordance with
paragraph 11 above, that the split specimen be tested, shall not be permitted to
return to work pending the outcome of such test but, shall be suspended without
pay and subject to further disciplinary action. However, if the test of the split
specimen does not reconfirm the presence of the drug(s) or drug metabolite(s)
found in the primary specimen, the covered employee shall be paid their straight
time salary for all regularly scheduled shifts he or she would have worked had the
suspension not occurred, and shall be reimbursed for the costs associated with
having the split specimen tested.
r. If the covered employee is unable to provide the required 45 ml of urine, the
covered employee shall be instructed to drink not more than 24 ounces of fluids
and, after a period of up to two hours, again attempt to provide a complete sample
using a fresh collection container. The original insufficient specimen shall be
discarded.
s. If the covered employee is still unable to provide an adequate specimen, the
insufficient specimen shall be discarded, testing discontinued, and the laboratory
shall notify the Town of the covered employee’s inability to provide an adequate
sample.
t. The MRO will refer the covered employee for a medical evaluation to develop
pertinent information concerning whether the covered employee’s inability to
provide an adequate specimen is genuine or constitutes a refusal to test. (In pre-

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employment testing situations, the Town will determine whether or not to hire the
employee, and the MRO is not required to make such a referral). Upon
completion of the examination, the MRO shall report his or her conclusions to the
Town in writing.
u. If the MRO determines that the covered employee’s inability to provide an
adequate sample is not genuine, the covered employee shall be deemed to have
refused to test.
G. CONSEQUENCES FOR COVERED EMPLOYEES
1. A covered employee shall not be permitted to perform a safety-sensitive function if
the employee has engaged in conduct prohibited by this policy.
2. A covered employee who violates any of the requirements of 49 CFR Part 382 shall
be subject to the penalty provisions of 49 U.S.C. 521(b).
3. A covered employee who refuses to submit to a required test shall be deemed to have
tested positive for drugs/controlled substances and at a level 0.02 or greater for
alcohol.
4. Refusal to submit to a required drug or alcohol test shall be deemed cause for
discipline up to and including discharge.
5. Violation of the prohibitions contained in this policy shall establish cause for
discipline up to and including discharge.
H. EMPLOYEE NOTIFICATION
1. The Town shall notify an applicant/covered employee of the results of a preemployment test conducted under this Policy, if the applicant requests such results
within 60 calendar days of being notified of the disposition of the employment
application.
2. The Town shall notify a covered employee of the results of reasonable suspicion and
post-accident tests and notify covered employees of random tests if the test results are
verified positive. The Town shall also inform the covered employee which
drug/controlled substances were verified as positive.
I. REFERRAL, EVALUATION, AND TREATMENT
Each covered employee who has a positive drugs/controlled substances test or blood
alcohol concentration test of 0.04 or greater shall be referred to a Substance Abuse
Professional (SAP). The SAP shall determine what assistance, if any, the employee needs
in resolving problems associated with alcohol misuse and drugs/controlled substances
use. An employee’s SAP would ordinarily be available through their health care provider.
A listing of SAPs will be provided in training and/or posted in work sites. Employees
who do not know what substance abuse services are provided under their health care plan
or who do not have a health care plan, are encouraged to contact the Employee
Assistance Program for this information.
J. EMPLOYEE ASSISTANCE PROGRAM
1. The Employee Assistance Program (EAP), is available to provide information,
referral, and support to all employees seeking alcohol and drug abuse services,
including treatment, pursuant to 49 CFR 391.119 and 391.121.
2. A written statement outlining the Town’s EAP program shall be placed on file and
available for inspection at the Town Clerk’s office.

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3. During the period which the employee is completing the EAP’s prescribed treatment
plan, the employee will continue to be subject to all of the provisions of the alcohol
and drug/controlled substance testing requirements.
K. RECORDS/CONFIDENTIALITY
1. Record Keeping
a. All records required to be maintained under the Federal Highway Administration
(FHWA) Rules and Regulations shall be maintained in a secure location with
controlled access.
b. Alcohol and drugs/controlled substances test results shall not be included in
personnel files.
2. Disclosure
a. Except as required or permitted by law or expressly authorized or required by
Title 49, CFR, subtitle B, Chapter III, Section 382.404, or any subsequent
amendment or revision, the Town shall not release information that is contained
in records required to be maintained under the FHWA Rules and Regulations.
b. Records shall be made available to a subsequent employer upon receipt of a
written request from a covered employee. Disclosure by the subsequent employer
is permitted only as expressly authorized by the terms of the covered employee’s
request.
c. Upon written request, a covered employee is entitled to copies of any records
pertaining to the covered employee’s use of drugs/controlled substances or
alcohol, including any records pertaining to his or her alcohol or drugs/controlled
substances tests.
d. All results of alcohol and/or drugs/controlled substances testing conducted
pursuant to this Policy shall be made available, upon request, to the Secretary of
Transportation, any DOT agency, or any State or local officials with regulatory
authority over the Town or any of its drivers.
e. Information related to post-accident test results administered following an
accident which is under investigation by the National Transportation Safety Board
shall be released to the Board upon request.
f. The Town may disclose information pertaining to a covered employee that is
required to be maintained under the FHWA Rules and Regulations to the decision
maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the
covered employee, and including, but not limited to, a workers compensation,
unemployment compensation, or other proceeding relating to a benefit sought by
the covered employee and arising from the results of an alcohol and/or
drugs/controlled substances test administered in accordance with the FHWA.

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XXI.

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PERFORMANCE EVALUATION
A. SUMMARY
The Town’s performance review system has been developed to provide a workable and
uniform practice of performance management for employees throughout the Town’s
departments and organizations. Performance review is an important opportunity to foster
productive two-way communication and planning between the employee and supervisor in
establishing and monitoring objectives for the individual employee which advance adopted
goals established by their respective boards.
The HR Department is responsible for ensuring that performance reviews are conducted by
designated supervisors of employees who are appointed by multiple-member Town boards.
Performance review process. In order to ensure consistent reviews across all departments, the
Town’s performance review process is administered by the HR Director. The performance
evaluation process is set forth in a User Guide, Form 1, and Form 2, developed by Human
Resources, Inc.
Multiple-member boards. In Littleton, Town boards with statutory authority to appoint
employees include the Board of Health, Select Board, Cemetery Commissioners, Library
Trustees, Park & Recreation Commission, the Planning Board, and the Conservation
Commission.
Designation of supervisor. The annual performance review is to be performed by the
employee’s designated supervisor. Where the appointing authority is a multiple-member
Town board, it should formally designate the employee’s supervisor.
Best practice. While a board can designate as supervisor all of its members or its chairman
alone, a best practice identified here is to formally delegate the supervisory function to the
Town Administrator or their designee, where practicable. This can be accomplished by
agreement with the Select Board, and/or made permanent by Town Bylaw amendment or by
special act of the legislature. Even where the board delegates the supervisory function for
performance review, it still retains whatever policy prerogatives it has under statute, bylaw or
otherwise in their respective areas of authority along with the responsibility to establish policy
goals and provide policy direction for their respective employees.
Adoption of Policy Goals
Each board should, from time to time, adopt policy goals for itself which reflect its prerogatives
under statute, bylaw or otherwise in their respective areas of authority. These goals would be
adopted at a posted public meeting of the entire board. Those goals then become the basis for
the performance objectives established between the employee and the board, chair, or designated
supervisor, depending upon the option chosen below.
Options and Best Practices

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The HR Director, in consultation the Town’s human resources counsel [Attorney John F. Dolan,
whose comments are noted below in italics], has identified the following four options1 for
multiple-member Town boards to consider in formally designating an employee’s supervisor,
who would in turn conduct the employee’s performance review:
1. All board members as supervisor; all participate in employee’s performance review at
public meeting with employee;
2. Board chairman as supervisor; performance review held at private meeting with
employee [and Town Administrator];
3. Board delegates supervisor role to Town Administrator/designee by written agreement
with Select Board; Select Board delegates to Town Administrator.
4. Board permanently transfers employee appointment to Town Administrator by Town
Bylaw or special act of the legislature.
Options 3 and 4 are identified here as best practices, for the reasons discussed below.
Option 1 - All board members as supervisor; all review at public meeting with employee.
Under a first option, the board designates all of its members together as the supervisor for its
appointee, with each member completing their own written performance review of the employee,
which is reviewed with the employee during a posted public meeting. The review by the full
board cannot take place in executive session. The individual members’ written reviews could
also be compiled into a composite document by either the board chair or the Town Administrator
prior to the public meeting. The performance review documents would become public records.
Under this scenario, all members of the public body review the employee. Each member
completes a written evaluation and those evaluations are reviewed with the employee
during a public meeting. Assuming that the meeting is properly posted and the
evaluation is adequately noticed in the posting, this method clearly comports with the
Open Meeting Law. As noted on the first page of the Attorney General’s Open Meeting
Law Guide, . . . , the Open Meeting Law seeks to balance the public’s interest in
witnessing the deliberations of public officials with the government’s need to manage its
operations efficiently. See also OML 2013-5, . . . . Option 1 involves an evaluation
process that is conducted almost completely in the context of a public meeting. While the
individual evaluations of members presumably are completed outside a public meeting,
those evaluations are discussed at a public meeting. As such, those evaluations would

1 The Personnel Board had reviewed another option, which on the advice of human resources counsel, it does not
include here. “This option involves the creation by each public body member of individual evaluations. Those
evaluations, in turn, are compiled into a composite review by the Chair of the body. This composite review is then
shared with the employee in a private meeting with the Town Administrator. In my opinion, this option likely would
not meet with the approval of the Division of Open Government of the Attorney General’s Office. As a general rule,
the sharing of opinions of a quorum of public body members via e-mail or other writing would constitute
“deliberation” and violate the Open Meeting Law if not done at a properly posted public meeting. However, the
Attorney General’s Office has advised that individual evaluations of an employee may be aggregated into a
composite evaluation. . . . the Attorney General’s approval of the composite evaluation process is predicated on the
assumption that the master evaluation document will be discussed at an open meeting.”

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become part of the public record of the meeting and likely subject to disclosure. Open
Meeting Law Guide, p. 13.
While consistent with the Open Meeting Law, this option, as a practical matter, has some
drawbacks. As the Town has experienced, the performance evaluation process often is
an uncomfortable experience for employees. This may be exacerbated when the
evaluation is conducted in full view of the public. From the Town’s perspective, Option 1
may have a chilling effect on the willingness of public body members to be candid in their
assessments of the strengths and weaknesses of an employee’s performance. This, in
turn, can reduce the effectiveness of evaluations and, in the case of “problem"
employees, come back to haunt the Town if the Town later wishes to discipline or
terminate such an employee. That employee’s personnel file may be filled with watereddown or “satisfactory” evaluations that don’t support subsequent discipline or dismissal
Options 2, 3 and 4
The remaining three options all involve some form of delegation or transfer of the public body’s
evaluation function to an individual: the Chair/designee in the case of Option [2], the Town
Administrator/designee under Option [3], and the Town Administrator via the more formal route
of bylaw amendment under Option [4]. In each instance, there is an evaluation meeting
conducted in private with the employee and the reviewer (and Town Administrator in the case of
Option [2]).
Option 2 - Board chairman as supervisor; review at private meeting with employee [and
Town Administrator].
Under a second option, the board/appointing authority could establish its chairman in the role of
supervisor of the board’s employee. The chairman would conduct the employee’s performance
review in a private—not public-- meeting. The Town Administrator could also participate in that
private meeting, to provide input and to ensure the review is conducted fairly and timely. The
performance review document created by the chairman would not be a public record.
Option 3 – Board delegates supervisor role to Town Administrator/designee by written
agreement with Select Board (includes Select Board delegating to Town Administrator).
Under a third option—which is identified here as a best practice—the board/appointing authority
would formally delegate supervision of its appointee to the Town Administrator (or his
designee) by a written memorandum of agreement (MOA) between the appointing board and the
Select Board. The supervisor would conduct the employee’s performance review in a private—
not public meeting. The performance review document would not be a public record.
The MOA constitutes the Select Board’s approval under G.L. c. 41, §23A of assignment of
duties to the Town Administrator requested by the appointing authority board.
Examples of this option include MOAs between the Select Board and the Board of Health (for
its administrative assistant), Conservation Commission (for its conservation coordinator), and
Zoning Board of Appeals (for its administrative assistant). In all three of those, the Town
Administrator designated the Building Commissioner as the employee’s supervisor. A fourth
example was the MOA between the Select Board and the Council on Aging (for its director),
with the Town Administrator as supervisor.

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This option could also include the Select Board delegating supervision of its appointees to the
Town Administrator under G.L. c. 41, §23A. In the case of the Police Chief or Fire Chief, any
formal designation of the supervisor should be negotiated in the chief’s employment agreement.
Option 4 – Board transfers employee appointment to Town Administrator by Town Bylaw
or special act.
Under this fourth option – also identified as a best practice-- appointment of the board’s
employee would be formally transferred to the Town Administrator, where that option is
practicable. The Town Administrator would then conduct the employee’s review in private, as is
currently done for those department heads and employees for which the Town Administrator is
already the appointing authority.
This option could be pursued by Town Bylaw amendment or by a home rule petition special act
of the legislature. Further legal review would be required to determine which method was
required. In either case, a vote of town meeting would be required to initiate the transfer.
One example of this option is the vote under Article 25 of the May 6, 2013 Annual Town
Meeting which added the position of Director of Elder Human Services to the list of department
heads appointed by the Town Administrator under Town Code §3-3.
With certain caveats, it is my opinion that Options [2] through [4], inclusive, would not
violate the Open Meeting Law, as none appears to involve deliberation or action by a
public body. The main caveat to this opinion is that the delegation should be complete,
i.e., there should be no sharing of opinions by a quorum of the public body through the
individual to whom the evaluation function is delegated. Further, if that individual is to
report back to the public body on the evaluation, that should be done at a public meeting.
The risk of an Open Meeting Law violation, or at the least the perception of an Open
Meeting Law violation, is greatest with Option [2], since the Chairperson of the body is
the individual tasked with the evaluation. Under this option, the perception, and perhaps
the reality, likely will be that the Chair essentially is following the composite evaluation
process without the public meeting component, relying on input from other
members. For this reason, Option [2], in my opinion, is not the best model.
As noted, the Town Administrator is the individual to whom the evaluation function is
delegated under both Options [3] and [4]. The same caveat applies to both these
scenarios. The Town Administrator can discharge this function without violating the
Open Meeting Law so long as the Town Administrator does not end up functioning as
a “straw” for the sharing of members’ opinions outside a public meeting. Once again,
the delegation should be complete. Under either option, the Town Administrator should
be given the power to assess individually the employee’s performance. While the
opinions of others may be solicited, those opinions, if of a quorum of public body
members, should not then be shared with other members except at a public meeting.
One of the stated purposes in the Town Code of having the Town Administrator
administer the performance review process is “to ensure consistent reviews across all
departments.” Options [3] and [4] best serve this laudable goal. As between the two
options, Option [4] would remove any question in the public’s mind as to whether boards
may delegate evaluation responsibilities and authority to the Town Administrator (in my

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opinion, they may) and also eliminate the possibility that one or more boards may decline
to delegate that authority. For that reason, it is my opinion that Option [4] is
the preferred option among the final three approaches outlined in the memorandum.
Performance Review System Documents
The performance evaluation process adopted by the Personnel Board and Town Administrator is
that developed by Human Resources, Inc., in consultation with affected departments and
employees, and as set forth in a User Guide,2 Form 1, and Form 2.
List of Town boards with employee appointing authority
Elected town boards
Select Board: Town Administrator*, Police Chief*, Fire Chief *; and all members of the
Littleton Police Department
Library Trustees: Library Director*
Park & Recreation Commission: PRCE Director
Planning Board: Town Planner/Permit Coordinator
Cemetery Commission: Cemetery Superintendent
Board of Health: part-time administrative assistant
Appointed town boards
Conservation Commission: Conservation Coordinator
Zoning Board of Appeals: part-time administrative assistant



(*) Management contract positions not subject to the Personnel Bylaw
Public Meeting Check List – for Boards selecting Option 1
Select a date and time for the performance review meeting that is mutually convenient for the
participants—i.e., all board members, the employee, and the Town Administrator;



Have the employee first complete the self-assessment portions of Form 1 or Form 2 (as
appropriate) and submit that to the Chairman and/or Town Administrator, who will forward to
each board member prior to their completion of the rating portions of that form



Have the board members provide their completed forms to the board chair and/or the Town
Administrator for preparation of the consolidated rating prior to the review meeting.3

2 The User Guide describes in the purpose of the system in Section 1.1, as follows:
“This performance evaluation system has been developed to accomplish several points:
- To continuously improve the effectiveness and efficiency of town services;
- To provide an opportunity for two-way communication and planning between supervisors and employees;
- To provide provide for the establishment of individual and departmental goals and objectives;
- To serve as the basis for acknowledging employee accomplishments and recognizing potential need for guidance,
training, and/or support; and
- To provide documentation of performance to serve as a basis for salary adjustments and other personnel related
actions.”
3 Attorney Dolan advises that “Board members should not bring the individual forms to the review meeting nor
refer to them during the meeting. Otherwise, the individual forms will become part of the record of the meeting.”

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

Post a public meeting notice with includes the employee’s performance review as an agenda
item for the board’s public agenda. The board’s review cannot be conducted in executive
session



During the performance review, the Chair leads a discussion of the consolidated rating with the
employee, who will have the opportunity to respond



After discussion, the board can vote to adopt the form of the consolidated rating, with whatever
modifications arise during the board discussion and employee response.



While the consolidated rating is a public record, it is also placed in the employee’s confidential
personnel file.



The employee has the right to respond in writing and to have that response be placed in the
personnel file as a confidential record. If the employee’s response is discussed at a public
meeting, by either the employee or the board, then the letter becomes a public record.
XXII.

PAYROLL

A. PAYROLL
Town of Littleton employees are paid biweekly. Payroll is submitted to the Treasurer’s
Office before noon on Fridays, biweekly. Direct Deposits (checks) are issued the
following Friday by the Treasurer's Office. When submitting payroll forms, any vacation
days used or sick time taken should be indicated. The payroll department maintains a
current record of the number of vacation days available. Accrual balances are provided
on the electronic biweekly paystub as well as in the Employee Self Service module.
All employees must have Direct Deposit. The payroll office will electronically transfer
your pay to any bank or to any credit union. You will receive a breakdown of your
weekly earnings on a non-negotiable check form.
Employees may enroll in Workers Credit Union through the payroll office. Automatic
deductions can be made through the payroll office and may be changed at any time.
B. W-4 INCOME TAX WITHHOLDING
Forms will be filled out at time of employment. You can change your deduction any time
by contacting the payroll office and filing a new W-4.
C. OBRA
As a part-time, temporary or seasonal employee of the Commonwealth of Massachusetts,
or a participating local government employer, you're required to contribute at least 7.5%
of your compensation to the Commonwealth's Deferred compensation Plan. This
mandatory contribution is in accordance with the Omnibus Budget Reconciliation Act of
1990 ("OBRA") and subsequent Massachusetts General Laws, Chapter 29.

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D. RETIREMENT SYSTEM
The Middlesex County Retirement System (“MCRS”) covers all employees working over
19.5 hours per week. Massachusetts Teachers Retirement System (“MTRS”) covers
teachers only. All full-time municipal employees are required to contribute to a pension
plan in lieu of FICA. Identification that MUST accompany this form is a copy of the
employee's birth certificate and a marriage certificate if you use your spouse's name.
All retiring employees should contact MCRS, MTRS, and/or Social Security at least three
(3) months prior to their retirement date. You are eligible for MCRS benefits if you have
at least ten (10) years of creditable service and are age 55 or older.
The Town offers several deferred compensation plans (457 Pension Plans). They are both
Federal and State tax deferred. Information is available in the Human Resources office or
on the Town’s website.

Page 83 of 85

Town of Littleton Employee Handbook

Effective 9/12/2024

APPENDIX A. EMPLOYEE ACKNOWLEDGEMENT

Employee Handbook Acknowledgement
I,_____________________________(print name), as an employee of the Town of Littleton,
hereby acknowledge that I have received the Town’s Employee Handbook.
Once signed, this form will be placed in the employee’s personnel file by the HR Director for
records purposes.
Employee Signature: ______________________________ Date: ___/______/______

Page 84 of 85

Town of Littleton Employee Handbook

Effective 9/12/2024

APPENDIX B. HANDBOOK AMENDMENT HISTORY
Date
7/1/2023
9/12/2024
8/31/2026

Section #
VII, B.
II, B., 3.
II, B., 10
V, F
XIX

Section Name
Sick Leave
Step Increases
Classification and Compensation/Compensation/Stipends
Harassment/Sexual Harassment/State and Federal Remedies
Vehicle Usage Policy

Page 85 of 85

5F

Littleton Select Board
AGENDA ACTION REQUEST

August 31, 2026

Department/Board Updates and Requests
Department of Public Works (DPW) - Vote to award a contract to PJ
Keating for resurfacing and related work in the amount of
$467,442.64.
Requested by: DPW Director, Stephen Jahnle

Action Sought: Approval

Proposed Motion(s)
MOVE that the Select Board vote to award a contract to PJ Keating for resurfacing and
related work and to authorize Town Administrator, James A. Duggan, to enter into a
contract with PJ Keating in the amount of $467,442.64 for resurfacing and related work
at various locations.
Additional Information
Included in the packet is a memo from DPW Director, Stephen Jahnle and the bid
tabulation sheet
Board Action
Motion

Second

In favor

Opposed

Disposition

Town of Littleton
Resurfacing and related work Various locations
Contract: 2026-11

D&R Unit
Prices
Item
Description
1 Hot Mix Asphalt - Type I Furnished In Place
2
3
4
5

Adjust Drain Structures
Roadway Milling
Asphalt Monolithic Berm
Hot Mix Asphalt - Type I Handwork

Estimated
Quantity

Units

3500
28
25200
1750
250

TON
EACH
SY
LF
SY

$
$
$
$
$

115.00
450.00
5.00
0.01
250.00

TOTAL BID PRICE

D&R General
Contracting

Mass Broken
Stone Unit Mass Broken
Prices
Stone

Hatch
landscaping
Unit Prices

Hatch
landscaping

$
$
$
$
$

402,500.00
12,600.00
126,000.00
17.50
62,500.00

$
$
$
$
$

$
$
$
$
$

$
$
$
$
$

357,000.00
7,616.00
31,500.00
7,000.00
71,250.00

$

603,617.50

$

474,366.00

112.25
450.00
3.50
0.01
325.00

$
$
$
$
$

392,875.00
12,600.00
88,200.00
17.50
81,250.00

$

574,942.50

102.00
272.00
1.25
4.00
285.00

PJ Keating
Unit Prices
$
$
$
$
$

101.50
284.13
3.06
1.00
101.50

Bid to be awarded

Newport
Lazaro Paving
Construction
Newport
PJ Albert Unit
Unit Prices Lazaro Paving Unit Prices Construction
Prices
Item
Description
1 Hot Mix Asphalt - Type I Furnished In Place
2
3
4
5

Adjust Drain Structures
Roadway Milling
Asphalt Monolithic Berm
Hot Mix Asphalt - Type I Handwork

TOTAL BID PRICE

Estimated
Quantity

Units

3500
28
25200
1750
250

TON
EACH
SY
LF
SY

$
$
$
$
$

115.00
375.00
4.00
0.01
0.01

$
$
$
$
$

402,500.00
10,500.00
100,800.00
17.50
2.50

$

513,820.00

$
$
$
$
$

111.00
337.00
4.37
5.37
227.00

$
$
$
$
$

388,500.00
9,436.00
110,124.00
9,397.50
56,750.00

$

574,207.50

$
$
$
$
$

106.00
300.00
3.00
0.01
180.00

PJ Albert
$
$
$
$
$

371,000.00
8,400.00
75,600.00
17.50
45,000.00

$

500,017.50

PJ Keating
$
$
$
$
$

355,250.00
7,955.64
77,112.00
1,750.00
25,375.00

$

467,442.64

7A

Littleton Select Board
AGENDA ACTION REQUEST

August 31, 2026

Appointments
Appoint Jane Lamb to the Cultural Council
Requested by: Select Board

Action Sought: Interview/Appoint

Proposed Motion(s)
MOVE that the Select Board vote to appoint Jane Lamb to the Cultural Council for a
term expiring June 30, 2029.
Additional Information
The Select Board has one (1) vacancy to consider for the Cultural Council for a term
expiring June 30, 2029
Attached is an application from:
• Jane Lamb
The applicant has been invited to attend the Select Board meeting. Attendance is
optional.
Board Action
Motion

Second

In favor

Opposed

Disposition

Littleton, MA
37 Shattuck Street
Phone: (978) 540-2460

Member Application Form
Good Government Starts with You

Date Submitted: May 12, 2026
Name: Jane Lamb
Home Address: 41 Tahattawan Road
Littleton, MA 01460
Mailing Address:
Phone Number(s):
Email Address:
Have you previously been a member of a Board, Committee or Commission (either in the Littleton, MA or elsewhere)?No
If yes, please list the Board name and your approximate dates of service:

Current Occupation/Employer: N/A
Narrative: I spent nearly 20 years in the entertainment industry, living in in Los Angeles, CA and working
in television, music, and artist management. I moved back to my home state of Massachusetts
last year and am currently pursuing my real estate license while assisting with my partner's
landscape design business in Westford.
I hold a bachelor's degree in Music Production & Engineering from Berklee College of Music,
and my interests lie in arts and media, real estate, travel, animal rescue, and advocacy for
children with special needs. I am also skilled in social media management, website generation,
AI implementation, and marketing. I believe my experience, skills, and passions lend themselves
to many of the boards and committees listed below and would welcome the opportunity to
discuss ways in which my background might align with the important issues that a growing town
like Littleton is facing.
I currently have availability in my evenings and weekends, with some flexibility during
traditional working hours as well.
Board(s) / Committee(s): ___COMMITTEE FOR THE EXPLORATION OF REAL ESTATE TAX RELIEF FOR SENIORS
___CULTURAL COUNCIL
___DISABILITY COMMISSION
___LITTLETON COMMUNITY TELEVISION (LCTV) ADVISORY COMMITTEE

Page 1/1

8A

Littleton Select Board
AGENDA ACTION REQUEST

August 31, 2026

Licensing
Point Hospitality, LLC d/b/a Courtyard by Marriott 102 Constitution
Ave – Request to Amend Liquor License – Pledge of Collateral
Requested by: Point Hospitality

Action Sought: Modify License

Proposed Motion(s)
MOVE that the Select Board vote [to approve / not to approve] the request of Point
Hospitality, LLC d/b/a Courtyard by Marriott, 102 Constitution Ave. to amend its all-alcoholic
license by a pledge of collateral to Rockland Trust Company, subject to further approval of
the Alcoholic Beverages Control Commission (ABCC).
Additional Information
Please see the attached application from Point Hospitality.
Board Action
Motion

Second

In favor

Opposed

Disposition

Littleton Select Board
AGENDA ACTION REQUEST

August 31, 2026

9A

Select Board Discussions
Discussion and vote on cancellation of the contract with FLOCK Safety
Requested by: Select Board Member, Karen Morrison

Proposed Motion(s)
Discussion dependent.
Additional Information

Board Action
Motion

Second

In favor

Opposed

Disposition

Action Sought: Discussion

10A

Littleton Select Board
AGENDA ACTION REQUEST

August 31, 2026

Town Administrator Update
Update on municipal operations, projects and initiatives
Requested by: James A. Duggan, Town Administrator

Proposed Motion(s)
Discussion dependent.
Additional Information

Board Action
Motion

Second

In favor

Opposed

Disposition

Action Sought: Discussion

Littleton Select Board
AGENDA ACTION REQUEST

11A

August 31, 2026

Minutes Approval
Meeting Minutes for August 10, 2026
Requested by: James A. Duggan, Town Administrator

Action Sought: Approval

Proposed Motion(s)
MOVE that the Select Board vote to approve the meeting minutes from the Select Board
Meeting on August 10, 2026.
Additional Information
Included in the Board’s packet are draft minutes from the Select Board Meeting on
August 10, 2026.
Board Action
Motion

Second

In favor

Opposed

Disposition

Town of Littleton
Select Board
Joint Meeting with Conservation Commission

MINUTES

August 10, 2026 at 6:30 PM
Littleton Town Offices – 37 Shattuck Street, Room 103
Notice of public meeting as required by M.G.L. Chpt.30A §18-25

Meeting attendees –Charles DeCoste, Vice Chair; Mark Rambacher, Clerk; Kyle Bubp, Member; Karen
Morrison, Member
Also present –James Duggan, Town Administrator; Tony Sousa, Assistant Town Administrator
Conservation Commission members – Chase Gerbig, Co-Chair; Sarah Seaward, Co-Chair; Mihael Livingston,
Edward Fultz, Kyle Maxfield, Carl Melberg
Tim Pearson – Conservation Agent

1. Organization / Pledge of Allegiance / Read Mail
The Chair called the meeting to order and led the assembly in the Pledge of Allegiance. The Chair noted the
meeting date was Monday, August 10, 2026, and acknowledged a brief technical delay at the start of the
meeting.
Town Administrator James Duggan summarized the mail and announcements. He reported 18 current vacancies
on Select Board-appointed committees and encouraged residents to visit the town website to explore
opportunities. He also noted a joint vacancy on the Board of Assessors and a vacancy on the Parks and
Recreation Commission due to a recent resignation. Select Board office hours were announced, running from
August 19, 2026 through May 28, 2027, with rotating board members; residents would be notified via the town's
alert system.
Mr. Duggan also referenced a public hearing notice from the Town of Ayer Planning Board concerning a
proposal by the Grossman Companies at 26 and 30 Littleton Road in Ayer. The proposal involves demolition of
existing structures and construction of a three-story, 32-unit multifamily building with three affordable units per
the inclusionary housing bylaw. The hearing is scheduled for August 11 at Ayer Town Hall.

2. Joint Meeting with Conservation Commission
A. Long Lake Dock Discussion
Conservation Commission Chair Chase Gerbig opened the joint discussion by providing background on the
Long Lake parcel along Lakeshore Drive — a strip of conservation land between the road and the lake that has
historically been used by abutting residents as though it were private property. He explained that the
Commission had held four public meetings and received approximately 17 written comments spanning a wide
range of perspectives, from full rewilding of the parcel to licensing motorboat moorings.
Mr. Gerbig outlined three core issues the Commission has been working through: (1) upland vegetation
management, (2) storage of non-motorized watercraft, and (3) docks and motorboats. He emphasized that no
decisions had been made, and that the Commission came before the Select Board specifically because any path
forward involves town-wide liability and financial considerations that extend beyond the Conservation
Commission's authority alone.
On vegetation management, Mr. Gerbig noted that the preferred outcome — supported 6–1 in a straw poll —
would be for the town to assume maintenance of the buffer strip between the road and the lake. A secondary
option, supported 5–2, would be to partner with abutters to maintain the land under a defined set of rules.
Conservation Commission member Tim Pearson raised a concern that oversight of an abutter-led maintenance
arrangement would be difficult given limited staff resources.
Select Board Member Mark Rambacher suggested exploring an approach modeled on conservation land
stewardships, where the neighborhood association — rather than individual abutters — would take collective
responsibility for maintenance under a defined set of town rules. Commission members acknowledged this

concept received some support but noted it would still require some level of town investment, particularly for
invasive species management and tree work. Commission member Carl Melberg cautioned that the primary
purpose of the parcel is water quality protection — specifically as a buffer to prevent sediment and nutrient
runoff into Long Lake — and urged the board not to let cost concerns drive the decision before the right
direction is established.
On non-motorized watercraft storage, Mr. Gerbig stated that the Commission's preferred option (supported 5–2)
is for the town to acquire or accept donated kayak and canoe racks at select locations along the shoreline and to
license their use. He noted that this approach would also require hardening of designated launch points to
prevent erosion. Select Board Member Kyle Bubp asked what was preventing rack installation from happening
immediately, and Mr. Gerbig clarified that the cost is not just the rack itself, but the associated shoreline
improvements necessary to manage erosion at access points. Town Council Tom Harrington noted that a
licensing system is feasible as long as no fee is charged — since charging a fee could eliminate recreational use
statute protections.
On docks and motorboats, Mr. Gerbig described the current situation: approximately seven to eight docks in
varying condition, with five motorboats currently moored — none of which have been permitted. He presented
two broad options: (1) the town acquires and installs a limited number of smaller docks for passive recreation
(kayak/canoe access and fishing), potentially funded through CPC appropriation or donations, or (2) a licensing
and lottery system that could theoretically allow some motorboat moorings but would be administratively
complex. He noted that the option receiving the most Commission support was town-acquired access docks,
without motorboat mooring.
Town Counsel Harrington explained that under the Massachusetts recreational use statute, the town is generally
immune from liability for personal injury on publicly accessible recreational land, provided access is free of
charge. However, he cautioned that if a dock is in poor condition and the hazard is discoverable, that immunity
could be waived. Commission member Edward Fultz noted that the very fact this discussion is now on record
means the town is formally aware of the conditions, which raises the stakes for inaction.
Mr. Rambacher raised the concern that some docks appeared to be in visibly unsafe condition and suggested that
the building commissioner, Henry Fontaine, or a qualified proxy, conduct an inspection and potentially
condemn and remove those docks immediately. Town Counsel agreed that if the town is genuinely concerned
about safety, it should not wait for back-and-forth with dock owners — the structures should be removed
promptly. Mr. Gerbig noted that some of the worst-condition docks may be abandoned, with no clear owner.
The board agreed that Mr. Fontaine should assess the docks and take action to remove any that are unsafe, with
appropriate notice posted.
Commission Vice Chair Sarah Seaward reported that a site walk conducted earlier that day revealed significant
unauthorized vegetation removal, with residents having taken liberties well beyond what could be considered
informal maintenance. She expressed a sense of urgency, noting that the situation has worsened in recent
months.
The Select Board and Conservation Commission agreed to table a final decision and continue discussions at a
future meeting. The board invited Conservation Commission members to arrange a site walk with Select Board
members for additional context. Mr. Gerbig requested that any public comments received by either board be
directed to a single centralized location on the Commission's website to ensure public transparency.
Several residents offered public comment during the joint session:
●

Susan Silberberg, Aspen Road, raised concerns about traffic safety at the corner of Aspen Road and
Lakeshore Drive, arguing that parking must be addressed before any additional public access
infrastructure is installed. She also urged the board to prioritize storm drain repairs as the most
meaningful action to protect Long Lake's water quality, noting that unfiltered runoff from steep
surrounding hills has been degrading the lake for decades.

●

Jim Geraghty, 43 Lakeshore Drive, echoed the storm drain concerns and noted that the lake's aquatic
plant growth this season is the worst he has observed. He also commented that the licensing option for
docks received meaningful support from the Commission during its deliberations and suggested it
should not be dismissed. He described a straightforward licensing model — based on applications with
criteria around stewardship, public access, and fees — that he believed could work.

●

Rob Rounce, 25 Juniper Road, shared his understanding that the parcel was originally gifted to the
town by Warren Smith in the 1920s to provide lake access to property owners. He asked the board to

ensure a complete solution is developed before any existing uses are disrupted, citing parking and the
capacity of the existing boat ramp as related concerns.
●

Amy Tarlow-Lewis, 3 Omega Way, spoke as a resident who does not live on the lake and expressed
frustration with the difficulty of accessing the lake for the general public. She argued the lake is a
public resource, opposed any arrangement that gives abutters preferential access, and advocated for
removing all private docks and implementing a town-run lottery system open to all residents.

●

Alan Silberberg, 2 Aspen Road, referenced two diagnostic feasibility studies on Long Lake (conducted
in 1990 and 2000) and urged the board and Commission to consult those documents, which address
drainage, docks, and overall lake management.

●

Mary Anne Gaspari, 37 Lakeshore Drive, expressed support for keeping the docks, suggesting a
registration or inspection model similar to vehicle registration to ensure dock safety.

3. Department/Board Updates and Requests
A. Town Clerk – Vote to Approve the September 1, 2026 Primary Election
Warrant
Town Administrator Duggan presented the primary election warrant on behalf of the Town Clerk, noting this is
a routine requirement for the Select Board to authorize participation in the state primary election.
Select Board Member Rambacher moved that the Select Board vote to approve and sign the primary
election warrant for the September 1, 2026 state primary. Select Board Member Morrison seconded the
motion. The motion carried unanimously, 4–0.

4. Public Input/Members' Updates
Amy Tarlow-Lewis, 3 Omega Way, asked for an update on the Flock Security Cameras, specifically questioning
how a Flock technician was able to access a utility pole in front of Littleton Electric Light and Water
Department (LELWD) to reactivate a camera without being noticed, given that LELWD has its own security
infrastructure. The board acknowledged the concern and noted that LELWD meets on Thursday, suggesting she
raise the question directly with them. Regarding the Nagog Orchard, Select Board Member Rambacher reported
that the Massachusetts Department of Agricultural Resources (MDAR) conducted a site visit in May or June,
accompanied by Rambacher and Town Administrator Matthew Hansen. MDAR gave Bransfield Tree Company
a favorable review and indicated they would move to annual rather than biannual inspections. The board is
awaiting a written report from MDAR. Rambacher noted the board may seek to declare the orchard property
surplus at a future town meeting, after which an RFP process would follow.
Greg Stahovec, Foster Street, asked for a specific timeline for the physical removal of the Flock cameras, noting
that as of that afternoon, all cameras remained in place. Town Administrator Duggan explained that a work
order has been issued by Flock, and the police chief is in active contact with the company to secure a removal
date. Mr. Stahovec pressed on whether the contract has been formally terminated. Duggan confirmed that the
contract termination remains under review by Town Counsel, who had been on vacation the prior week. Mr.
Stahovec argued that since the utility poles are owned by LELWD — not by Flock — LELWD should have the
authority to revoke Flock's access to those poles, which could compel camera removal independently. He also
requested that the DPW erect independent physical barriers in front of the cameras as an interim measure. Select
Board Member Morrison acknowledged the suggestion of freestanding screens (distinct from the cameras
themselves) and agreed DPW should assess feasibility at each site. Duggan and the board reiterated that the
cameras have been confirmed inactive by the police chief through his communications with Flock, and that a
written confirmation of deactivation could be requested directly from the chief. Mr. Stahovec stated he intends
to seek independent legal counsel if a clear removal timeline is not established.
Members' Updates:
Select Board Member Bubp reported that he had met with members of the Planning Board and a commissioner
from Littleton Electric Light to discuss the ongoing data center issue. He noted that multiple data centers already
operate in Littleton and that the group wants to avoid placing undue burden on existing businesses while
protecting residents from the impacts of hyperscale data centers. A formal working group will be established

with members from the Planning Board and LELWD to develop potential bylaw options. Select Board Member
Morrison noted that a prohibition bylaw is one avenue, alongside policy-based approaches.
The Chair acknowledged attending the legislative luncheon at the senior center the prior week and congratulated
Nancy Levine on being recognized for 40 years of volunteer service to the town.

5. Appointments & Reappointments
A. Reappoint Edward Collins to the Clean Lakes Committee
Select Board Member Rambacher moved that the Select Board vote to reappoint Edward Collins to the
Clean Lakes Committee for a term expiring June 30, 2027. Select Board Member Bubp seconded the
motion. The motion carried unanimously, 4–0.
The Chair noted that Mr. Collins would need to be sworn in by the Town Clerk.

6. Select Board Discussions
A. Discussion about the Zoning Board of Appeals meeting of July 16, 2026
The Chair introduced the item, noting that the board had received phone calls and emails following the July 16,
2026 Zoning Board of Appeals (ZBA) hearing.
Dwight Long, 363 King Street, addressed the board. He stated that the evening before his ZBA hearing, ZBA
member Cheryl Cowley-Hollinger arrived at his property at 359 King Street, questioned him about his project,
and repeatedly stated she had "heartburn" about it. He described this as a prejudgment of his case before the
hearing had begun. He further stated that at the hearing itself, Ms. Cowley-Hollinger, who was sitting as acting
chair, made what he characterized as false statements to the board regarding alleged illegal residences on his
property — including claims about a bed with pillows and a mattress in a barn, and the presence of curtains in
another structure. Mr. Long maintained these claims were false and that no such conditions existed on his
property. He stated the process felt like a "kangaroo court" and requested that Ms. Cowley-Hollinger be recused
from the continued hearing scheduled for August 20, 2026, so that he could receive a fair hearing on his
application to convert a single-family home at 359 King Street into a two-family dwelling.
Cheryl Cowley-Hollinger, 44 Tadawan Road, responded. She explained that she was only informed the day
before the hearing that she would be acting chair, as the regular chair had recused herself. She acknowledged
visiting the property that afternoon, as she said is her standard practice before site-specific hearings. She stated
she did not intend to prejudice the outcome but had genuine concerns upon observing structures that appeared to
her, as a real estate broker, to potentially constitute illegal residences — concerns she felt obligated to raise
given the ZBA's role in evaluating whether additional residential use would be detrimental to the neighborhood.
She confirmed she contacted Town Counsel that evening, who advised that if the board wished to factor in those
concerns, they could request a continuance to allow time for research. Ms. Cowley-Hollinger acknowledged that
in retrospect she should have referred any enforcement concerns directly to Building Commissioner Henry
Fontaine rather than raising them at the hearing. She noted that subsequent Planning Board approval of the
development on the back portion of the property had resolved her underlying concerns, and she expressed
willingness to recuse herself voluntarily from the August 20 hearing.
Joe Cataldo, who represented Mr. Long, stated that as a matter of proper procedure, a chair should allow board
members and the applicant to complete their presentation before expressing personal views. He argued that the
matter before the ZBA was solely the conversion of a single-family home to a two-family dwelling, and that Ms.
Cowley-Hollinger repeatedly introduced issues outside that scope. He also noted that information Ms. CowleyHollinger represented to the Westford ZBA chair during her pre-hearing calls was, in his view, inaccurate. He
formally requested that Ms. Cowley-Hollinger be recused from the continued hearing.
Town Counsel Harrington clarified that the Select Board does not have authority to direct a ZBA member to
recuse themselves from a specific matter. The board's authority under Chapter 40A is limited to removing a
member from the board entirely for cause, which would require formal notice and a hearing. He advised that
asking for recusal was not an action this board should take unilaterally.
Ms. Cowley-Hollinger confirmed she would voluntarily recuse herself from the August 20 hearing. A ZBA
alternate, Sherrill Gould (who had recused herself from the original hearing due to representing Mr. Long),

noted that one alternate would be unable to attend the continued meeting, meaning if Ms. Cowley-Hollinger
recuses, only four voting members would be present. Mr. Cataldo noted that for a special permit, a 4-out-of-5
vote is required; however, for a variance, the threshold may differ. The board was advised that under such
circumstances, the applicant would have the option to postpone until a full complement of five members is
available, or proceed with four.

B. Vote to Open the October 27, 2026 Special Town Meeting (STM) Warrant
Select Board Member Rambacher moved that the Select Board vote, pursuant to Massachusetts General
Law Chapter 39, Section 10, and Town Code Section 41-1, to open the warrant for the Tuesday, October
27, 2026 Special Town Meeting, and to close that warrant on Friday, September 11, 2026 at noon, with
said Town Meeting to be held at the Charles Forbes Gymnasium, Littleton Middle School, 550 Russell
Street, Littleton. Select Board Member Morrison seconded the motion. A roll call vote was taken. The
motion carried unanimously, 4–0.

C. Discussion and Possible Vote Regarding the Charter Review Committee's
Recommendations
Select Board Member Bubp led the discussion, referencing the July 27 meeting at which Bedford Town
Manager Matt Hansen and retired Town Manager Erica Robert shared their experiences with charter adoption.
Both noted that attempts to pass a full charter failed, and that enacting a town manager model through special
act proved more effective. Bubp noted that the Charter Committee's tier-1 recommendations include both
adopting a town manager model and adopting a charter. He expressed a preference for drafting a charter —
rather than pursuing a standalone special act — as a vehicle for the town manager model, with the intent of
addressing remaining provisions over time.
Select Board Member Morrison agreed with focusing on tier-1 priorities but cautioned against including more
controversial structural changes (such as transitioning boards from elected to appointed) if doing so risks the
entire charter failing at town meeting. She emphasized the need for public meetings to gauge where community
support lies before finalizing the scope. Select Board Member Rambacher stated he would be willing to present
the full charter as drafted by the committee and let the outcome fall as it may, but acknowledged that if the
consensus was to narrow the scope to improve the likelihood of passage, he would support that approach. He
expressed reluctance to pursue only a special act, as he felt it would delay broader reform.
The board agreed that Bubp and Rambacher, with assistance from other members, would drive the drafting
process. Each member will submit individual comments and proposed redlines to a single document to be
consolidated by staff, to be reviewed in compliance with open meeting law. Town Administrator Duggan noted
that changes to an existing charter may not require returning to the legislature, but the board agreed this should
be confirmed. The goal is to have a proposed charter ready for town counsel review and public meetings in
advance of the October 27 Special Town Meeting warrant closing date.
Town Administrator Duggan provided two additional updates not listed as separate agenda items:
●

Gazebo: The town's gazebo was found to be structurally unsafe — riddled with termites, with
undersized support posts and a deteriorated base. The building commissioner condemned the structure,
and DPW was directed to raze it. Staff are exploring funding options, including a potential CPC
application, to construct a new ADA-accessible gazebo. Resident Cheryl Cowley-Hollinger added that
the gazebo was originally built with funds raised by the Garden Club, which subsequently deposited
$10,000 with the town for its maintenance; the board agreed to look into whether those funds remain
available.

●

Speed Limits: Duggan reported that the Massachusetts Department of Transportation (MassDOT) has
agreed to fabricate new speed limit signs for reduced speed zones on Great Road and King Street.
Signs are expected to be ready by the end of the week or early the following week. The town will issue
public alerts through social media and message boards — including any MassDOT boards that may be
available — to inform residents of the changes.

7. Minutes
A. Approve the Regular Session Minutes of July 27, 2026 and August 3, 2026

B. Approve the Executive Session Minutes of June 22, 2026 and July 13, 2026
Select Board Member Rambacher moved that the Select Board vote to approve the regular session
meeting minutes of July 27, 2026 and August 3, 2026, and to approve the executive session meeting
minutes of June 22, 2026 and July 13, 2026. Select Board Member Morrison seconded the motion. The
motion carried unanimously, 4–0.

8. Anticipated Adjournment
Select Board Member Rambacher moved to adjourn. Select Board Member Morrison seconded the
motion. The motion carried unanimously, 4–0.