AN ACT EXEMPTING CERTAIN POSITIONS IN THE CITY OF NORTHAMPTON FROM THE CIVIL SERVICE LAW.
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. The following positions in the city of Northampton shall be exempt from chapter 31 of the General Laws: all clerical positions within the American Federation of State, County and Municipal Employees bargaining unit in accordance with the election conducted by the division of labor relations in the city of Northampton; all professional and department head positions contained within the Northampton Administrators and Professional Employees bargaining unit; all professional positions within the Northampton public school district; and all nonprofessional positions within the Northampton public school district.
SECTION 2. (a) The director of human resources of the city of Northampton shall be the appointing authority for all city clerical positions included within the American Federation of State, County and Municipal Employees bargaining unit. The mayor of the city of Northampton shall be the appointing authority for all professional and department head positions contained within the administrative bargaining unit represented by the Northampton Administrators and Professional Employees Association.
(b) Pursuant to the Memoranda of Understanding between the city of Northampton and the American Federation of State, County and Municipal Employees, all employees certified as part of the American Federation of State, County and Municipal Employees bargaining unit in accordance with the election conducted by the division of labor relations and as amended by mutual contractual agreement shall be subject to this act and the code of ordinances of the city of Northampton.
(c) Pursuant to the Memorandum of Understanding between the city of Northampton and the Northampton Administrators and Professional Employees Association, all employees comprising the administrative and professional employee class, exclusive of elected officials shall be subject to this act and the code of ordinances of the city of Northampton.
SECTION 3. The superintendent of the Northampton public school district shall be the appointing authority for all professional and nonprofessional positions removed from civil service.
SECTION 4. Notwithstanding any general or special law, chapter 250 of the acts of 1883 or any ordinance of the city of Northampton to the contrary, appointments, promotions, disciplinary actions and terminations of employees in the American Federation of State, County and Municipal Employees bargaining unit in the city of Northampton shall be conducted in accordance with the collective bargaining agreement and the personnel policies of the city of Northampton.
SECTION 5. Notwithstanding any general or special law, chapter 250 of the acts of 1883 or any ordinance of the city of Northampton to the contrary, appointments, promotions, disciplinary actions and terminations of employees contained in the Northampton Administrators and Professional Employees Association bargaining unit in the city of Northampton shall be conducted in accordance with the collective bargaining agreement and the personnel policies of the city of Northampton.
SECTION 6. Notwithstanding any general or special law, chapter 250 of the acts of 1883 or any ordinance of the city of Northampton to the contrary, appointments, promotions, disciplinary actions and terminations of professional and nonprofessional school district employees shall be conducted in accordance with the collective bargaining agreement and the personnel policies of the school committee of Northampton.
SECTION 7. Nothing in this act shall impair the civil service status of an incumbent holding any position described in sections 1 to 6, inclusive, on the effective date of this act.
Approved December 18, 2008