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TR-2012-22 CIVIL SERVICE BLDG MAINT. �evu I te. 07'- DV (OL., TR-2012-22 A RESOLUTION REGARDING CIVIL SERVICE STATUS OF BUILDING MAINTENANCE ASSOCIATION MEMBERS (Sponsored by Mayor Richard Cohen) WHEREAS, the Commonwealth of Massachusetts has not administered a civil service examination for custodians since 2001; WHEREAS, the Commonwealth's failure to administer such examinations has resulted in a requiremeht that the Town appoint custodians on a "provisional basis;" WHEREAS, pursuant to the Hampden County Retirement Board "provisional basis" custodians are not eligible to be "members in service" under Massachusetts General Law Chapter 32; . WHEREAS, the Building Maintenance Association has endorsed the removal of all current and future non-permanent custodians from Massachusetts General Law Chapter 31; C-) WHEREAS, it is in the best interest of the Town of Agawam to propose api sup@Drt special legislation, ';7 C-) NOW THEREFORE, BE IT ORDAINED AND ENACTED BY THE AGAWAM CITY Couxcl&11. petition the General Court to the end that*legislation be adopted precisely as follows�'. Ti General Court may make clerical or editorial changes of form only to the bill, unles th`7 Agawam City Council approves amendments to the bill before enactment by the General Wurt. -Z:� The City Council hereby authorizes the Mayor to approve amendments which shall be VA31 in the scope of the general public objectives of this petition: AN ACT RELATIVE TO CIVIL SERVICE POSITIONS IN THE CITY OF AGAWAM C=P r1.3 Be it enacted by the Senate and House of Representatives in General Court assembled, armkby the authority of the same, as follows: ­j SECTION 1. All non-union and non-association positions in the City of Agawam sha r"o be exempt from chapter 31 of the General Laws. SECTION 2. As authorized by the Collective Bargaining Agreement between the City of Agawam and the Building Maintenance Association, all custodial and maintenance positlr%ns shall be exempted from chapter 31 of the General Laws. However, all custodial and maintenance positions considered labor service positions shall continue to be governed by chapter 31 of the General Laws. SECTION 3. Sections 1 and 2 of this act shall not impair the civil service status of any incumbent employee holding their position on the effective date of this act. SECTION 4. This act shall take effect upon its passage. DATED THIS Tl�' DAYOF MAY PER ORDER OF THE AGAWAM CITY COUNCIL r-464x� - Christ'bp-6e'r C.Joh n, President A PROVED AS 0 FORM AND LEGALITY Vincent F. Gioscia, Solicitor VAUL Cc CIL. C law Connor, Morneau & Olin, LLP JOHN D.CONNOR* 73 State Street,Suite 310 JEFFREYS.MORNEAIU* Springfield,MA 01103 NATHAN A.OLIN* Phone:(413)455-1730 MATTHEW L.DONOHUE,Of Counsel Fax.(413)455-1594 *also admitted in Connecticut cirnotawyers.corn March 13,2012 Russell J Dupere, Esq. Dupere Law Offices 223 College Highway P.O. Box 373 Southampton, MA 01073 RE: Town of Agawam's Proposal toRemove all Current and Future Non-Permanent Maintenance Employees from Civil Service Dear Attorney Dupere: Please accept this correspondence as the Agawam Maintenance Employee Association's (AMEA)endorsement of special legislation to remove current provisional and future employees within the bargaining unit from the protections and constraints of M.G.L. c.31. (Civil Service). As you know,more than half of our bargaining unit employees are non-permanent "provisional" appointments because of the Commonwealth of Massachusetts' failure to administer a civil service test for Custodians since approximately 2001.The Commonwealth's failure to administer such tests and the resulling requirement that the Town of Agawam appoint custodians on a "Provisional basW'has severely impacted these employees, According to the Hampden County Retirement Board,provisional employees are not eligible to be"members in service"luider Chapter 32 of Massachusetts General Laws. In addition,there is reason to believe that provisional employees may not have the samejob protections as permanent civil service employees not the least of which is the,potential lack of just cause protection. For these reasons, the Association endorses the Town of Agawam's proposal to remove all non-permanent members of the bargaining unit fi-ont Civil Set-vice and to correspondingly afford them greater protections under the existing collective bargaining agreement. Sine hn Connor Counsel for the AMEA Uj—,1ts- 1ZA' Vb; 'OOAM;bUAKU U� KEHREMEW ;4127327999 # 2/ 2 LfrommorduezIth of Aussurhusefts 573&11f �frCCf"5iT&31VT Agaimmi._4&Gs:rr1jusctts mam (413) 737-1344 hampbrn %11T1._jaunfV -7999 _fm (413) 732 Regiortaf . 3111i=nc 3 — Icy 32H rrcawrcr Cilairmun/d —&ztrN urf Eefirrmenf Email:Jbartley@hcrb.org March 29, 2012 Richard M. Cohen, Mayor Town of Agawam Agawaxn Town Hall 36 Main Street Agawain, Massachusetts 01001 Dear Mayor Cohen-, An inquiry has been made to the Hampden County Regional Retirement System regarding the position of custodian in the Town of Agawam and eligibility for membership in the Yampden County Regional Retirement System. An employee who is classified as full-time permanent is to become a member of the retirement system on the first day of employment with the member unit. If the classification is part-time permanent, the employee mast work more than 20 hours per week on a consistent basis in order to be eligible for membership in the Hampden County Regional Reti=ent System. If the classification is temporary full-time or temporary part-time, the individual is not eliLrible for member-ship until the classification is changed to permanent and then the appropriate rules and regulations apply. Should an employee, who initially was not eligible for membership in the retirement system, meet the eligibility requirements at a later date the employee may inquire about purchasing the non-member smice time. If during the non- member service time, the individual made contributions to an OBRA or other retirement plan, that money may be rolled over into the Hampden County Regional Retirement System To purchase the prior service. No rollover would be accepted without purchasing the prior non- member service time. If you have any questions, please do not hesitate to contact the Retirement Board at (413) 737-1344, Sincerely, j4juli inne B y n utive lector Executive Director Board of Retirement 1i b MAYOFAL ACTION Received this day of 2012 from Council Clerk. Signed by Council President this dayof V&L'I ' 2012. APPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the ALg harter, as amended, I hereby approve the passage of the above legislation on this!��' dayof (j �j— 2012. Richard A. Cohen, Mayor DISAPPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as amended, I hereby veto the passage of the above legislation on this day of 2012 for the following reason(s): Richard A. Cohen, Mayor RETURN OF LEGISLATION TO COUNCIL CLERK Returned to Council Clerk this day of 2012. TR-2012-22 A RESOLUTION REGARDING CIVIL SERVICE STATUS OF BUILDING MAINTENANCE ASSOCIATION MEMBERS (Sponsored by Mayor Richard Cohen) WHEREAS, the Commonwealth of Massachusetts has not administered a civil service examination for custodians since 2001; WHEREAS, the Commonwealth's failure to administer such examinations has resulted in a requirement that the Town appoint custodians on a "provisional basis;" WHEREAS, pursuant to the Hampden County Retirement Board "provisional basis" custodians are not eligible to be "members in service" under Massachusetts General Law Chapter 32; WHEREAS, the Building Maintenance Association has endorsed the removal of all current and future non-permanent custodians from Massachusetts General Law Chapter 31; WHEREAS, it is in the best interest of the Town of Agawam to propose and support special legislation, NOW THEREFORE, BE IT ORDAINED AND ENACTED BY THE AGAWAM CITY COUNbL to petition the General Court to the end that legislation be adopted precisely as follows. The General Court may make clerical or editorial changes of form only to the bill, unless the Agawam City Council approves amendments to the bill before enactment by the General Court. The City Council hereby authorizes the Mayor to approve amendments which shall be within the scope of the general public objectives of this petition: AN ACT RELATIVE TO CIVIL SERVICE POSITIONS IN THE CITY OF AGAWAM Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SECTION 1. All non-union and non-association positions in the City of Agawam shall be exempt from chapter 31 of the General Laws. SECTION 2. As authorized by the Collective Bargaining Agreement between the City of Agawam and the Building Maintenance Association, all custodial and maintenance positions shall be exempted from chapter 31 of the General Laws. However, all custodial and maintenance positions considered labor service positions shall continue to be governed by chapter 31 of the General Laws. SECTION 3. Sections 1 and 2 of this act shall not impair the civil service status of any incumbent employee holding their position on the effective date of this act, SECTION 4. This act shall take effect upon its passage, DATED THIS DAY OF 2012. PER ORDER OF THE AGAWAM CITY COUNCIL Christopher C.: ohnson, President 0 FORM AND LEGALITY A ROVED AS Vincent F. Gioscia, Solicitor Connor, Morneau & Olin, LLP JOHN D,CONNOR* 73 State Street,Suite 310 JEFFREY S.NIORNEAU* Springfield,MA 01103 NATHAN A.OLIN* Phone:(413)455-1730 MATMEW L.DONOHUE,Of Counsel Fax:(413)455-1594 *also admitted in Connecticut cmolawyers.com March 13, 2012 Russell J Dupere, Esq. Dupere Law Offices 223 College Highway P.O. Box 373 Southampton,MA 0 1073 RE: Town of Agawam's Proposal to Remove all Current and Future Non-Permanent Maintenance Employees from Civil Service Dear Attorney Dupere: Please accept this correspondence as tile Agawam Maintenance Employee Association's (AMEA)endorsement of special legislation to remove current provisional and future employees within the bargaining unit from the protections and constraints of M.G.L. c.31. (Civil Service).' As you know, more than half of our bargaining unit employees are non-permatient "provisional" appointments because of the Commonwealth of Massachusetts' failure to administer a civil service test for Custodians since approximately 2001. The Commonwealth's failure to administer such tests and the resulting requirement that the Town of Agawam appoint custodians on a "Provisional basis" has severely impacted these employees. According to the Hampden County Retirement Board, provisional employees are not eligible to be"members in setiice"under Chapter 32 of Massachusetts General Laws. In addition,theiv is reason to believe that provisional employees may not have the same job protections as permanent civil service employees not the least of which is the potential lack ofjust cause protection, For these reasons, the Association endorses the Town of Agawam's proposal to remove all non-permanent members of the bargaining unit from Civil Service and to correspondingly afford them greater protections tinder the existing collective bargaining agreement. Sinc hn Connor C Couiisel for the AMEA o I 03-29-12; 06: 56AM;BOARD OP R[T�REMENT ;4127327999 # 2/ 2 6731int �trcct, Sutic 116 (413) 737-1344 huz (413)732-7999 Regional B'H1Cg Ridlarb A Ujemux if Rrfirrmpmf Txmftr Birrztar Q)dtrtv=/TGct=rcr �narb L Email:lbartley@hcrb.org March 29, 2012 Richard M. Cohen, Mayor Town of Agawam Agawam Town Hall 36 Main Street Agawaxn, Massachusetts 01001 Dear Mayor Cohen-. An inquiry has been made to the Hampden County Regional Retirement System regarding the position of custodian in the Town of Agawam and eligibility for membership in the Hampden County Regional Retirement System, An employee who is classified as full-time permanent is to become a member of the retirement system on the first day of employment with the member unit. If the classification is part-time permanent, the employee must work more than 20 houn per week on a consistent basis in order to be eligible for membership in the Hampden County Regional Retirement System. If the classification is temporary full-time or temporary part-time, the individual is not elig�ble for membershi until the classification is changed to permanent and then the appropriate rules and regulations apply. Should an employee, who initially was not eligible for membership in the retirement system, meet the eligibility requirements at a later date the employee may inquire about purchasing the.non-member service time, If during the non- member service time, the individual made contributions to an OBRA or other rctirement plan, that money may be rolled over into the Hampden County Regional Retirement System to purchase the prior smice. No rollover would be accepted without purchasing the prior non- member service time, If you have any questions, please do not hesitate to contact the Retirement Board at (413) 737-1344, Sincerely, Julianne B y Executive Director /j b ?Board of Retirement n' L Orr'Y' y Ju Executive Director Board of R t ement TR-2012-2-2 A RESOLUTION REGARDING CIVIL SERVICE STATUS OF BUILDING MAINTENANCE ASSOCIATION MEMBERS (Sponsored by Mayor Richard Cohen) WHEREAS, the Commonwealth of Massachusetts has not administered a civil service examination for custodians since 2001,- WHEREAS, the Commonwealth's failure to administer such examinations has resulted in a requirement that the Town appoint custodians on a "provisional basis;" WHEREAS, pursuant to the Hampden County Retirement Board "provisional basis" custodians are not eligible to be "members in service" under Massachusetts General Law Chapter 32; WHEREAS, the Building Maintenance Association has endorsed the removal of all current and future non-permanent custodians from Massachusetts General Law Chapter 31; WHEREAS, it is in the best interest of the Town of Agawam to propose and support special legislation, NOW THEREFORE, BE IT ORDAINED AND ENACTED BY THE AGAWAM CITY COUNCIL to petition the General Court to the end that legislation be adopted precisely as follows. The General Court may make clerical or editorial changes of form only to the bill, unless the Agawam City Council approves amendments to the bill before enactment by the General Cour r—P G The City Council hereby authorizes the Mayor to approve amendments which shall bc�3 ithi r5v 9 the scope of the general public objectives of this petition: 3:0.C"3 QF AN ACT RELATIVE TO CIVIL SERVICE POSITIONS IN THE CITY OF AGAWAM Be it enacted by the Senate and House of Representatives in General Court assembled, bd by C-) the authority of the -same, as follows.- cn rn SECTION 1. All non-union and non-association positions in the City of Agawam shall be exempt from chapter 31 of the General Laws. SECTION 2. As authorized by the Collective Bargaining Agreement between the City of Agawam and the Building Maintenance Association, all custodial and maintenance positions shall be exempted from chapter 31 of the General Laws. However, all custodial and maintenance positions considered labor service positions shall continue to be governed by chapter 31 of the General Laws. SECTION 3. Sections 1 and 2 of this act shall not impair the civil service status of any incumbent employee holding their position on the effective date of this act. SECTION 4. This act shall take effect upon its passage. DATED THIS DAY OF 12012. PER ORDER OF THE AGAWAM CITY COUNCIL Christopher C. Johnson, President ArPROVED AS tO FORM AND LEGALITY Vincent F. Gioscia, Solicitor TR-2012-22 AN ORDINANCE REGARDING CIVIL SERVICE STATUS OF BUILDING MAINTENANCE ASSOCIATION MEMBERS 0-4 C-) C= C) (Sponsored by Mayor Richard Cohen) x M WHEREAS, the Commonwealth of Massachusetts has not administered a civil)krvi;ECD ;� . _n examination for custodians since 2001; 00 rn WHEREAS, the Commonwealth's failure to administer such examinations has resulted in a requirement that the Town appoint custodians on a "provisional basis;" WHEREAS, pursuant to the Hampden County Retirement Board "provisional basis" custodians are not eligible to be "members in service" under Massachusetts General Law Chapter 32; WHEREAS, the Building Maintenance Association has endorsed the removal of all current and future non-permanent custodians from Massachusetts General Law Chapter 31; WHEREAS, it is in the best interest of the Town of Agawam to propose and support special legislation, NOW THEREFORE, BE IT ORDAINED AND ENACTED BY THE AGAWAM CITY COUNCIL to petition the General Court to the end that legislation be adopted precisely as follows. The General Court may make clerical or editorial changes of form only to the bill, unless the Agawam City COLInCil approves amendments to the bill before enactment by the General Court. The City Council hereby authorizes the Mayor to approve amendments which shall be within the scope of the general public objectives of this petition: AN ACT RELATIVE TO CIVIL SERVICE POSITIONS IN THE CITY OF AGAWAM Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SECTION 1. All non-union and non-association positions in the City of Agawam shall be exempt from chapter 31 of the General Laws. SECTION 2. As authorized by the Collective Bargaining Agreement between the City of Agawam and the Building Maintenance Association, all custodial and maintenance positions shall be exempted from chapter 31 of the General Laws. However, all custodial and maintenance positions considered labor service positions shall continue to be governed by chapter 31 of the General Laws. SECTION 3. Sections I and 2 of this act shall not impair the civil service status of any incumbent employee holding their position on the effective date of this act, SECTION 4. This act shall take effect upon its passage. DATED THIS DAY OF , 2012. PER ORDER OF THE AGAWAM CITY COUNCIL Christopher C. Johnson, President I ArPROVED AS TO FORM AND LEGALITY Vincent F. Gioscia, Solicitor TOR-2012- _L 1 5 AN ORDINANCE REGARDING CIVIL SERVICE STATUS OF BUILDING MA TENANCE ASSOCIATION MEMBERS (Sponsored by Mayor Richard Cohen) WHEREAS, the Commonwealth of Massachusetts has n administered a civil service examination for custodians since 2001; WHEREAS, the Commonwealth's failure to admini er such examinations has resulted in a requirement that the Town appoint custodians on a "p visional basis;" WHEREAS, pursuant to the Hampden Cou y Retirement Board "provisional basis" custodians are not eligible to be "members in s rvice" under Massachusetts General Law Chapter 32; WHEREAS, the Building Maintenance ssociation has endorsed the removal of all current and future non-permanent custodian rorn Massachusetts General Law Chapter 31; WHEREAS, it is in the best intere of the Town of Agawam to propose and support special legislation, NOW THEREFORE, BE iT ORD ED AND ENACTED BY THE AGAWAM CITY COUNCIL to th( petition the General Court to e e d that legislation be adopted precisely as follows. The General Court may make clerical r editorial changes of form only to the bill, unless the Agawam City Council approves am ndments to the bill before enactment by the General Court. The City Council hereby authoriz s the Mayor to approve amendments which shall be within the scope of the general public jectives of this petition: AN ACT RELATIVE CIVIL SERVICE POSITIONS IN THE CITY OF AGAWAM Be it enacted by the Se/ne and House of Representatives in General Court assembled, and by I-,I _as the authority of the sam -as follows: SECTION 1. All non-union and non-association positions in the City of Agawam shall be exempt from chapter 31 of the General Laws. SECTION 2. As authorized by the Collective Bargaining Agreement between the City of Agawam and the Building Maintenance Association, all custodial and maintenance positions shall be exempted from chapter 31 of the General Laws. However, all custodial and maintenance positions considered labor service positions shall continue to be governed by chapter 31 of the General Laws. SECTION 3. Sections I and 2 of this act shall not impair the civil service status of any incumbent employee holding their position on the effective date of this act. SECTION 4. This act shall take effect upon its passage. DATED THIS DAY OF 12012. PER ORDER OF THE AGAWAM CITY COUNCIL Christopher C. Johnson, President / 'I APPROVED AS TO ORM AND LEGALITY N Vincent F. Giosc , Solicitor Connor, Morneau & Olin, LLP JOHN D.CONNOR* 73 State Street,Suite 310 JEFFREY S, MORNEAU* Springfield, MA 01103 NATHAN A.CLINw Phone:(413)455-1730 MATTHEW L.DONOHUE,Of Counsel Fax.(413)455-1594 *also admitted In Connecticut crnolawyers.com March 13,2012 Russell J Dupere, Esq. Dupere Law Offices 223 College Highway P.O. Box 373 Southampton, MA 01073 RE: Town of Agawam's Proposal to Remove all Current and Future Non-Permanent Maintenance Employees from Civil Set vice Dear Attorney Dupere: Please accept this correspondence as the Agawam Maintenance Employee Association's (AMEA)endorsement of special legislation to remove current provisional and future employees within the bargai ning unit ftom the protections and constraints of M.G.L. c.3 1. (Ci vil 8 ervice). As you know, more than half of our bargaining unit employees are non-permanent "provisional" appointments because of the Commonwealth of Massachusetts' failure to administer a civi I service test for Custodians since approximately 2001.The Conunonwealth's failure to administer such tests and the resulting requirement that the Town of Agawam appoint custodians on a "Provisional basis"has severely impacted these employees, According to the Hampden County Retirement Board, provisional employees are not eligible to be"members in service"under Chapter 32 of Massachusetts General Laws. In addition,there is reason to believe that provisional employees may not have the samejob protections as permanent civil service employees not the least of which is the potential lack of just cause protection. For these reasons, the Association endorses the Town of Agawam's proposal to remove all non-permanent members of the bargaining unit from Civil Service and to correspondingly afford them greater protections under the existing collective bargaining agreement. Sinc hn Connor C Co ounsel for the AMEA I Z Vb �bAM;dVAKU U� KE� I�iEMLN 1 2/ 2 gammiinfuzalffi of Arssar4useffs itrcrf, Siflfr 116 mom (413) 737-1344 Xxv (413) 732-7999 3111i=nc Barifrg -49. Txmitbic 31rcrtar Txcmrcr —&nrb rflleftrjemenf EmaJI:jbariley@hcjlb.org March 29, 2012 Richard M. Cohen, Mayor Town of Agawam Agawam Town Hall 36 Main Street Agawam, Massachusetts 01001 Dear Mayor Cohen: An inquiry has been made to the Hampden County Regional Retirement System regarding the position of custodian in the Town of Agawam and eligibility for membership in the Hampden County Regional Retirement System. An employee who is classified as full-time permanent is to become a member of the retirement system on the first day of employment with the member unit. If the classification is pan-time permanent, the employee must work more than 20 hours per week on a consistent basis in order to be eligible for membership in the Hampden County Regional Retirement System. If the classification is temporary full-time or temporary part-time, the individual is not "ble for membtirship until the classification is changed to permanent and then the appropriate rules and regulations apply. Should an employee, who initially was not eligible for membership in the retirement system, meet the eligibility requirements at a later date the employee may inquire about purchasing the non-member service time. If during the non-. member service time, the ]Individual made contributions to an OBRA or other retirement plan, that money may be rolled over into the Hampden County Regional Retirement System to purchase the prior service, No rollover would be accepted without purchasing the prior non- member service time. If you have any questions, please do not hesitate to contact the Retirement Board at(413) 737-1344. 1 Sincerely, 'nccrc'y, J f ianne B y ulianne B y Executive Director or Board of Reti7rement TOR-2012-_� AN ORDINANCE REGARDING CIVIL SERVICE STATUS OF BUILDING MAINTENANCE ASSOCIATION MEMBERS (Sponsored by Mayor Richard Cohen) WHEREAS, the Commonwealth of Massachusetts has not administered a civil service examination for custodians since 2001; WHEREAS, the Commonwealth's failure to administer such examinations has resulted in a requirement that the Town appoint custodians on a "provisional basis;" WHEREAS, pursuant to the Hampden County Retirement Board "provisional basis" custodians are not eligible to be "members in service" under Massachusetts General Law Chapter 32; WHEREAS, the Building Maintenance Association has endorsed the removal of all current and future non-permanent custodians from Massachusetts General Law Chapter 31; WHEREAS, it is in the best interest of the Town of Agawam to propose and support special legislation, NOW THEREFORE, BE IT ORDAINED AND ENACTED BY THE AGAWAM CITY COUNCIL to petition the General Court to the end that legislation be adopted precisely as follows. The General Court may make clerical or editorial changes of form only to the bill, unless the Agawam City Council approves amendments to the bill before enactment by the General Court. The City Council hereby authorizes the Mayor to approve amendments which shall be within the scope of the general public objectives of this petition: AN ACT RELATIVE TO CIVIL SERVICE POSITIONS IN THE CITY OF AGAWAM Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SECTION 1. All non-union and non-association positions in the City of Agawam shall be exempt from chapter 31 of the General Laws. SECTION 2. As authorized by the Collective Bargaining Agreement between the City of Agawam and the Building Maintenance Association, all custodial and maintenance positions shall be exempted from chapter 31 of the General Laws. However, all custodial and maintenance positions considered labor service positions shall continue to be governed by chapter 31 of the General Laws. SECTION 3. Sections 1 and 2 of this act shall not impair the civil service status of any incumbent employee holding their position on the effective date of this act. SECTION 4. This act shall take effect upon its passage. DATED THIS DAY OF 2012. PER ORDER OF THE AGAWAM CITY COUNCIL Christopher C. Johnson, President APPROVED AS T ORM AND LEGALITY Vincent F. Gio'scA, Solicitor