February 2, 2009
Revised September 9, 2015
Financial Advisory Committee (FAC) and Financial Policies
There shall be an advisory committee consisting of the town treasurer, town accountant, Finance
Committee Chairman, Board of Assessors Chairman, Board of Selectmen and an optional citizen advisor
appointed by the Board of Selectman. The Finance Advisory Committee shall:
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Set the financial policy for the Town of Berkley.
Forecast revenues and monitor financial reports.
Review flexible financing options and contingency accounts.
Review any and all department obligations that include a multi-year financial impact.
In accordance with the recommendations of the Department of Revenue, the FAC shall review,
implement, and update Town Policies on Free Cash, Stabilization, Reserve, Debt, OPEB and
Capital Expenditures on a yearly basis.
Provide financial direction to the Board of Selectmen and Finance Committee.
The following financial principles set forth the broad framework for overall fiscal planning and
management of the Town of Berkley’s resources. These principles address both current activities and
long-term planning. The principles are intended to be advisory in nature and serve as a starting point of
reference for all policy makers, administrators and advisors. It is fully understood that the Town of
Berkley Town Meeting retains full right to appropriate funds and incur debt at level it deems
appropriate subject to statutory limits. The principles outlined in this policy are designed to ensure the
town’s sound financial condition.
Terms
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Shall. Dictates or mandates a requirement. Intended to express a provision that is binding.
Must or must not. Weak form of a mandatory provision.
Will. A declaration of purpose; non-mandatory.
Should or May. Expresses non-mandatory (optional) provisions; guidelines or
recommendations.
A. Finance Policies
A.1 Free Cash Policy
The accumulation and use of Free Cash is an important component of the town’s overall financial
management policies. The available amount is calculated and certified each year by the Massachusetts
Department of Revenue using data submitted by the town accountant. Free cash is made up of
revenues in excess of projections and expenditures less than appropriations at fiscal year-end. Free cash
is also reduced in order to cover deficits (all funds at year-end).
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A minimum of 10% of the yearly total available Free Cash shall be held as future reserves.
Any non-recurring revenues, as defined by the Department of Revenue re-cap sheet, shall
become Free Cash.
A minimum balance of $50,000 should be held in an account for unfunded liabilities defined by
GASB regulations. This account shall be maintained at the minimum level through a yearly
appropriation from Free Cash.
Free Cash may be used for any legal purpose
1. Free Cash can be used for a Capital Expense emergency. Emergency shall be deemed as
defined in Massachusetts General Laws Chapter 56.
2. Free Cash can be used for infrastructure upgrades. The FAC shall review and approve such
requests.
3. Free Cash can be used for unexpected mandated expenses.
4. Free Cash can be used to fund any outstanding departmental deficits at fiscal yearend,
provided the FAC has prior knowledge and has reviewed and approved such funding by
majority vote.
5. Free Cash cannot be used for normal existing personnel services or operating expenses.
Requests shall be submitted to the FAC before a town meeting.
A.2 Reserve Fund Policy
A reserve fund of not greater than 0.25% of the operating budget should be budgeted annually to
provide for extraordinary or unforeseen expenditures that could not have been anticipated before town
meeting, and/or to allow immediate expenditures of funds in the event of an emergency. The amount
set aside annually within the budget cannot exceed five percent of the tax levy for the preceding year.
Only the Finance Committee can approve transfers from the fund. A Reserve Fund Transfer Request
shall not be used to reverse a Town Meeting vote or as means of increasing the budget.
In accordance MGL Ch40 §6 no direct drafts against this fund shall be made, but transfers from the fund
may from time to time be voted by the Finance Committee in response to a Fund Transfer Request.
Transfer Requests shall be reviewed and voted by the Finance Committee and if approved forwarded to
the Board of Selectmen for review and ratification by majority vote. Upon approval by both the Finance
Committee and the Board of Selectmen the approved Reserve Fund Transfer Request is forwarded to
the Town Accountant to be recorded.
The Finance Committee will only consider requests for transfers from the Reserve Fund in response to
extraordinary and unforeseen financial obligations that must be responded to immediately, and that
cannot be deferred until the next scheduled Town Meeting.
Unexpended Reserve Funds shall be closed at the end of each fiscal year.
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A.3 Stabilization Policy
The stabilization fund is a special reserve account allowed by Massachusetts General Laws to allow
savings to be set aside in order to be available for emergency expenditures. Bond rating agencies rate
municipalities more highly if they maintain a healthy reserve balance in this and other reserve accounts.
The funds appropriated to a Stabilization account may be used for specific capital needs. The
Stabilization Fund shall not be used for normal existing recurring personnel services or operating
expenses.
• The target level for General Stabilization shall be set by the FAC. The target level shall be 5% of
the total annual operating budget. For fiscal year 2013, with an approved budget of
$15,494,099 equates to approximately $775,000.
• Sources of General Stabilization will typically be free cash. However, if excess revenues exist
they may be contributed to General Stabilization. It is anticipated that 3-5 years are required to
achieve the desired General Stabilization target level.
• It shall be considered a violation of town policy for any department or employee to solicit
transfers from Stabilization for a warrant article that did not come before the FAC to receive
approval. In any event, no more than $5,000 shall be removed from Stabilization for nonrecurring expenses or recurring expenses without the prior approval of the FAC.
A.4 Capital Planning Policy
There shall be a fund established for Capital Planning. To this end Free Cash shall be used as the source
of funding. The FAC shall determine funding on a yearly basis. All expenditures from this account shall
be reviewed by the FAC. The Capital Improvement Planning Committee shall submit their
recommendations to the FAC for review by February 1st of each year.
A.5 Debt Management Policy
Debt Management is essential to the overall financial wellbeing of the town. Borrowing funds and
repaying over a number of years allows the town to finance projects that cannot be funded from the
operating budget. The objective of debt management is to borrow at the least cost over the repayment
term.
The town’s bond rating is a statement of the town’s overall financial health. An excellent bond rating is
desirable because it determines the cost of borrowing, the level of investor interest in the town’s bonds,
and in certain conditions the ability to borrow at any cost. The town must strive to maintain the highest
possible bond rating consistent with its ability to deliver government services expected by the citizens.
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Except in extraordinary cases debt or borrowing shall not be used to fund the Town of Berkley
operating budget.
The use of debt may be considered for large capital projects.
It is the duty of the Treasurer to review, at the request of the FAC, all sources of funding
available for all long and short term debt borrowing obligations of the Town. The treasurer shall
negotiate borrowings and shall prepare the necessary documents and notes.
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It is the duty of the Treasurer to review, at the request of the FAC, all sources of funding
available for all departmental leases. The treasurer shall negotiate and prepare documentation
on any leases for the FAC.
Sound financial practices shall be utilized to determine the ultimate funding source and term of
funding.
The Treasurer shall utilize the availability of a Financial Advisor to project, track, and determine
the overall debt.
The Treasurer shall keep the FAC updated on the factors under the town control in maintaining
and upgrading the Town’s credit rating.
Additional debt shall be considered when the majority of the FAC, Finance Committee, and CPIC
determine there is a significant need of the town.
Debt shall be incurred within the overall financial plan of the Town. Accountability and impact
on all property owners shall be of utmost concern.
A.6 Other Post-Employment Benefits Policy
Employees of state and local governments may be compensated in a variety of forms in exchange for
their services. In addition to a salary, many employees earn benefits over their years of service that will
not be received until after their employment with the government ends. The most common type of
these post-employment benefits is a pension. Post-employment benefits other than pensions generally
take the form of health insurance and dental, vision, prescription, or other healthcare benefits provided
to eligible retirees, including in some cases their beneficiaries. They may also include some type of life
insurance. As a group, these are referred to as Other Post-employment Benefits, or OPEB.
The Government Accounting Standards Board (GASB) issued Statements No. 43 and No. 45 in 2004 to
address the OPEB issue. GASB 43 required the accrual of liabilities of OPEB generally over the working
career of plan members rather than the recognition of pay-as-you-go contributions, while GASB 45
required the accrual of the OPEB expense over the same period of time. The reporting requirements of
GASB 43 and 45 include disclosures and schedules providing actuarially determined values related to the
funded status of the OPEB. This requires that the accrued liabilities be determined by a qualified
actuary using acceptable actuarial methods. The Town of Berkley has historically used the “Pay-as-YouGo” approach but affective in fiscal year 2016 shall move toward prefunding the liability through the
adoption of GASB 43 and 45.
Massachusetts General Law Chapter 32B, section 20 allows a city, town, district, county or municipal
lighting plant to set up a special trust fund, the Other Post-Employment Benefits (OPEB) Liability Trust
Fund. It is the policy of The Town of Berkley to establish and maintain an OPEB Trust Fund. The funds
shall be managed in accordance with the “prudent investor rule” set forth in Massachusetts General Law
Chapter 203C, Section 3. Interest earned on the investment of fund monies belongs to the fund. The
Town Treasurer shall be the custodian of the fund and report to The Finance Advisory Committee who
shall be the OPEB Advisory Board.
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Initial funding of the OPEB trust shall be from the transfer of all funds contained in the “FB - Pension
Liability” fund. Funding may be in the form taxation, free cash or any other legal form. Annually,
unexpended funds from insurance lines shall be transferred to the OPEB trust. Funds to be placed in the
OPEB trust shall be identified in the annual town budget on its own line item (Account 919, OTHER POST
EMPLOYMENT BENEFITS (OPEB)). The Town of Berkley shall continue to follow its plan to move toward
fully-funding the Annual Required Contribution (ARC), ultimately developing a funding schedule that
fully-funds OPEB’s according to a schedule similar to the pension funding schedule. This plan should
continue to include annual increases in the portion of the appropriation supported by General Fund
revenues. It should also include using the “run-off” from the pension system once that system is fullyfunded. In order to determine the funding schedule, the Town shall continue its current practice of
having an independent actuary prepare annual valuations, which is in compliance with GASB’s
requirement.
A.7 Review
This financial policy is intended to be used, and therefore, it must be flexible enough to accommodate
changing social and economic conditions. It is appropriate for the Financial Advisory Committee to
review said policy in its entirety at least every three (3) years, and make adjustments as required.
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B. General Policies
B.1 General
• In order to demonstrate unity, the Board of Selectmen shall provide the leadership when
Legislative support is sought for Grants and/or Special Legislation that affects the operation of
the Town of Berkley.
• Preliminary municipal data shall not be disclosed or disseminated in situations in which the
status of the data is in draft form. Submitted but unapproved data is subject to change.
• All legal services paid by the Town must be provided by Town Counsel or Special Town Council.
The Board of Selectmen must approve any deviation from this policy. Bills submitted to the
Town Accountant, without prior approved of the Board of Selectmen, will be returned to the
Town official initiating such a violation of the policy with notification the Town will not pay the
invoice.
• The consumption of alcoholic beverages is prohibited on public property.
• All departmental construction projects will be subject to current permit fees for that part of any
projects which are subject to a reimbursement from the State or are charged within project
quotations submitted by the winning bidder. Said permit fees include, but are not limited to:
Building Commissioner, Electrical Inspector, Plumbing Inspector, Board of Health, Conservation
Commission, Planning Board, Appeals Board, Special Permit Granting Authority, Recycling &
Solid Waste Committee and Board of Assessors.
• No dogs are allowed inside the Town Office Building for any reason except for assistance dogs.
The Animal Control Office will be notified when a person violates this rule and will then remove
the animal at the owner’s expense.
• Access to the Town Office Building, securing of the building when leaving, turning off lights,
locking the building, and arming the security system are the responsibility of the user.
• All non-governmental organizations must receive prior approval from the Board of Selectmen.
• In compliance with MGL, Chapter 90, Section 13A, all Berkley Municipal Personnel are required
to wear safety belts when operating or riding in municipality owned or leased vehicles, other
vehicles, including personal vehicles, while engaged in business related to the Town of Berkley.
• When a check has not cleared with “good funds” within 30 days of its return from the Bank, the
originating Department will be notified to remove this amount from the total receipts reported.
Interest shall accrue. The Accountant will receive a copy of the notice in order to correspond to
the Treasurer’s Departmental turn in totals.
B.2 Payroll
• All persons performing services for the Town of Berkley without having the proper forms filed in
the Payroll Department are, in fact, volunteering without compensation.
• Department Head forms must be turned in before employee starts working. The amount of
hours worked must be entered on the form.
• Signatures stamps are not acceptable for payment authorization on invoices or payroll
submissions.
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Job related injuries must be reported to the Treasurer immediately or by the next business day.
Delays may result in employees not receiving medical or financial assistance.
Payroll checks that are destroyed will be re-issued within two (2) days provided enough
evidence of the actual check is returned to the Treasurer’s Department. Misplaced or lost will
be re-issued after a seven day waiting period and a $15.00 stop payment fee.
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C. Personnel Policies
C.1 Health Insurance
• To receive health insurance benefits, all elected officials must comply with the regulations as set
forth in the Town of Berkley Personnel By-Law Rules & Regulations.
• Elected officials deemed eligible for health insurance benefits are: Town Clerk, Treasurer, Tax
Collector, Highway Surveyor and those deemed grandfathered prior to July 1, 1998.
• Employees must work a minimum of twenty (20) hours per week in fixed duties year round in
order to be eligible for health insurance benefits.
• All Town of Berkley employees eligible for health insurance benefits must complete a waiting
period before qualifying for such benefits. This waiting period shall be for a time of thirty (30)
days. Insurance coverage shall commence on the first of the month following said waiting
period. The starting date for the 30 day waiting period is the date the employee actively
performs the job for the first time.
• A person must retire from an approved retirement system of the Town of Berkley in order to be
eligible to receive health insurance benefits from the Town of Berkley upon retirement.
• Employees not enrolled prior to retirement may not be enrolled in health insurance as a retiree.
Employees covered by the individual medical plan prior to retirement may not change to a
family plan as a retiree. Claims of hardship under this policy may be heard by the Board of
Selectmen.
• If legally married employees work individually for the Town of Berkley and each qualify for
benefits individually, they each may chose the option of single benefit plans.
• If a “life event”, (birth, adoption, legal guardianship, marriage, divorced, death, or job loss)
qualifies the employee for a change in an existing benefit occurs, the Treasurer must be notified
in writing and the proper documentation must be provided within 30 days.
• Any benefit received by an employee, retiree, or Cobra qualified person which is not able to be
obtained by a payroll or retirement deduction shall be subject to:
1. An administration fee of 2%
2. Payments must be received by the 15th of the prior month of coverage
3. Late payments shall be assessed an additional $50 through the 25th of the prior month
4. Delinquent policies shall be cancelled on the last day of the month
5. The Selectmen must review all policies cancelled for non-payment
6. By majority vote of the Selectmen, and approval of the provider, a person can be re-instated
7. Full payment and an additional assessment of $200 in good funds must be received prior to
any reinstatements.
C.2 Computer Equipment and Internet Use Policy
The Town of Berkley provides staff with computer equipment and the ability to communicate
and receive information using electronic mail and the Internet. The Town utilizes this technology to
improve staff efficiency and communication, and to serve the public more effectively. These computer
resources are the property of the Town of Berkley and should be used for appropriate business purposes
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only. Town employees are expected to use their access to electronic mail and the Internet in a
responsible way. Questions regarding acceptable use can be referred to the Board of Selectmen.
Strictly prohibited activities
• Any illegal activity, including, but not limited to, the transmission of copyrighted or trade secret
material, obscene or threatening materials, or the participation in any type of criminal activity.
• Transmission of materials used for commercial promotion, product endorsement or political
lobbying.
• Attempts to violate the Town of Berkley computer system or the computer system of any other
municipality, institution, organization, company or individual.
• Software piracy, or the downloading and transferring of software for which the user does not
have proper licensing.
Authorized Use
• Computers are provided for specific employees who utilize them to perform their job functions.
Departments’ Heads are responsible for determining which personnel are authorized to use
each computer under the Department Head’s purview. Any unauthorized use of computer
equipment is prohibited.
Software
• The copying or installing of software programs without prior approval of the Department Head
is prohibited.
Virus Checking
• Data files such as word processing documents, spreadsheets and database files which originate
from computers other than those located in a Town office must be checked for viruses before
use. Users needing procedures for checking viruses should contact the Board of Selectmen. The
Board of Selectmen may impose additional restrictions or regulations on the importing of files
from computers outside the Town’s network.
Storage
• Documents and data files stored on the town’s computers are the property of the Town and
may be accessed by authorized personnel for the purposes of, but not limited to, system
maintenance, back-up, recovery, virus checking and adherence to this policy. No right to privacy
is to be expected or assumed.
Passwords
• Passwords should be kept confidential at all times. Employees should endeavor to create
passwords that are unique and not easily discoverable.
• Users should periodically change their passwords. Users needing instructions for changing their
passwords should contact the Board of Selectmen.
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Email:
• Email is an effective way of communication with town employees and other job related
contacts. Email is to be used for town business only. Email and any related on-line services are
the property of the Town of Berkley.
• Electronic mail should never be used for any illegal activity, including but not limited to
copyright or trade secret material, the transmission of obscene, defamatory, or threatening
material, or the propagation of any type of criminal activity. Email should also never be used to
create offensive or disruptive messages or images. Among those things which are considered
offensive are any messages or images which contain sexual implications, racial slurs, genderspecific comments, or any other comment that offensively addresses someone’s age, sexual
orientation, religious or political beliefs, national origin or disability.
• Email messages are considered public record and therefore are discoverable. Users are
considered the custodians of their messages and should maintain messages according to the
relevant public record law.
• Email should be viewed as an unsecured mode of transportation. Confidential information
should never be sent vial email. Employees should never assume that email messages are
personal or confidential. All messages sent or received by email can be tracked by the Town’s
computer system. Employees are not authorized to retrieve or read messages that are not sent
to them unless the intended recipient gives express permission.
• Unsolicited Email received should not be open. The user should delete the message
immediately. Never open an attachment, especially if you do not know the source. Opening
unknown attachments could initiate a virus.
• Exchange of information and opinions via email may be constructed as a violation of
Massachusetts Open Meeting Laws if the exchange is among enough members of a Board or
other regulated body so as to constitute a quorum. Established guidelines for Town employees
and Board members covering formal and informal meetings and discussions or phone calls,
including conference calls, are to be treated as extending to email and all other computer
facilitated communications.
Internet Browsing
• Browsing is limited to internet sites that are directly related to the user’s job function.
• Under no circumstances should software programs be downloaded from the internet and/or
installed without prior permission of the Board of Selectmen.
• Before downloading files from an internet site the reliability of the sources should be
considered. Since harmful programs can be transmitted via documents, all documents must be
checked for viruses prior to use.
Unusual Occurrences
• All matters relating to unusual occurrences must be reported immediately to the Board of
Selectmen. When something unusual occurs, record information such as steps taken and
warnings from the computer to aid the Board of Selectmen in diagnosing the situation.
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Sanctions
• Any employee who violates this policy or uses the Town’s computer system for inappropriate
purposes, or allows unauthorized persons access to the Town’s computer system, shall be
subject to disciplinary action, up to and including discharge.
C.3 Harassment and Sexual Harassment Policy
I – POLICY
A. Harassment and Sexual Harassment Prohibited
Harassment on the basis of age, race, color, national origin, sex, religion, sexual orientation or
disability is prohibited by state and/or federal law, and will not be tolerated by the Town. All Town
employees are responsible for insuring that the work place is free from all forms of harassment. This
policy applies to all employees, and appointed and elected officials of the Town. Supervisory and
managerial employees must not condone acts of harassment by their subordinate employees, by other
Town employees, by regular visitors to Town offices, or by employees of our vendors and contractors.
Retaliation against persons complaining about harassment or sexual harassment is also unlawful and is
prohibited by this policy.
B. Harassment Defined
1. Harassment in General. Harassment is unwelcome verbal or physical conduct, directed at an
individual based upon age, race, color, national origin, sex, religion, or disability, which disrupts
or interferes with another's work, performance, or which creates an intimidating, offensive, or
hostile environment
2. Sexual Harassment. In Massachusetts, the legal definition for sexual harassment is this:
"sexual harassment means sexual advances, requests for sexual favors, and verbal, or physical
conduct of a sexual nature when:
a) submission to or rejection of such advances, requests or conduct is made either explicitly or
implicitly a term or condition of employment or as a basis for employment decisions;
b) such advances, requests or conduct have the purpose or effect of unreasonably interfering
with the individual's work performance by creating an intimidating, hostile, humiliating or
sexually offensive work environment.
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, 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 work place environment that is hostile, offensive, intimidating or humiliating to male or
female workers may also constitute sexual harassment.
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3. Examples of Harassment. Harassment includes the use of insulting epithets or nicknames; the
display of insulting or offensive cartoons, pictures, slogans or symbols; and, intimidation through
physical violence or threats of violence.
4. Examples of Sexual Harassment. Sexual harassment is a type of harassment which refers to any
unwelcome sexual attention, sexual advances, requests for sexual favors, and other unwelcome
verbal, visual, or physical conduct to which an individual may be subjected because of gender.
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:
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Unwelcome sexual advances - whether they involve physical touching or not; 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;
Displaying sexually suggestive objects, pictures, cartoons;
Unwelcome leering, whistling, brushing against the body, sexual gestures, suggestive or
insulting comments;
Inquiries into one's sexual experiences;
Discussion of one's sexual activities.
II – PERSONS COVERED
This policy prohibits harassment of all employees, including non-supervisory, supervisory, management
and executive personnel, and all applicants for employment.
III - PROCEDURE
A. Complaint
1. Any employee who believes that he or she has been subjected to harassment prohibited by this
policy has a responsibility to report the harassment as soon as possible to the following: Paul
Modlowski in the Selectmen's office at the Town Office Building. He can be reached by phone at
508-824-6794.
2. A complaint may be made verbally or in writing. The Town may require that a verbal complaint
be reduced to writing with the assistance of Paul Modlowski.
3. Any supervisor, manager or other employee who becomes aware of harassment prohibited by
this policy must report it immediately to Paul Modlowski in the Selectmen's office at the Town
Office Building. He can be reached by phone at 508-824-6794.
B. Investigation
1. All complaints of harassment will be investigated promptly and impartially by Paul Modlowski.
2. An individual conducting an investigation into a complaint of harassment will keep information
as confidential as possible, and disseminate it on a "need to know" basis only. Others involved in
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the investigation in any capacity must also respect the privacy of those involved by keeping
information learned during the course of the investigation confidential.
3. Within 2 weeks after the completion of the investigation, the official responsible for conducting
the investigation will, to the extent appropriate, advise the employee who brought the
harassment complaint and the employee accused of harassment of the results of the
investigation.
4. If either employee is dissatisfied with the handling or result of the investigation, the employee
should bring the matter immediately to the Board of Selectmen, preferably in writing, stating
the reasons for that dissatisfaction.
C. Action
Anyone who is found, after investigation, to have engaged in harassment prohibited by this policy will
be subject to disciplinary action up to and including discharge from employment. This policy shall not
limit the authority of the Town to take disciplinary action against an employee who engages in
inappropriate conduct, regardless of whether it satisfies the definition of harassment or sexual
harassment under this policy.
D. Retaliation Prohibited
No one who brings a harassment complaint in good faith will be subject to any adverse employment
action for doing so, regardless of whether the complaint is ultimately determined to have merit. Any
employee, including supervisors and managers, who retaliate against an employee for making a
complaint of harassment will be subject to disciplinary action, which may include termination of
employment. Retaliation should be reported to management using the procedure set forth in this policy
for complaints of harassment.
IV - STATE AND FEDERAL REMEDIES
In addition to the above, if you believe you have been subjected to 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 these agencies has a short
time period for filing a claim (EEOC - 180 days; MCAD - 6 months).
The United States Equal Employment Opportunity Commission ("EEOC")
1 Congress ST, 10th floor., Boston, MA 02114 (617) 565-3200
The Massachusetts Commission Against Discrimination ("MCAD")
One Ashburton Place, Room 601, Boston, MA 02108 (617) 727-3990
C.4 Fleet Safety & Use Policy
The purpose of this policy is to set forth the guidelines under which Town vehicles will be authorized to
Town personnel and the guidelines under which Town vehicles may be used.
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The provisions of this policy apply to all General Government employees, excluding the Police Chief and
the Fire Chief. Employees whose employment is regulated by collective bargaining agreement are
subject only to those provisions of this policy not specifically regulated by agreement.
It is the policy of the Town of Berkley that certain positions require employee access to municipal
vehicles, either during the work shift or on a 24-hour on-call basis. Town vehicles are not personal
vehicles and are not for personal use. Town vehicles should be viewed as belonging to the citizens of the
Town and are assigned solely for the purpose consistent with providing services to those citizens.
The assignment of municipal vehicles during work time is based upon job description. Appointing
authorities that have municipal vehicles available for this purpose may assign such vehicles in a manner
consistent with departmental workload and employee function. The assignment of vehicles may be
rescinded at any time by the appointing authority/department manager.
The assignment of vehicles for 24-hour use will be made in writing by the Board of Selectmen, and will
only be considered for employees who require a vehicle for the ordinary and necessary discharge of
their job functions.
Criteria which will be used in the determination of eligibility for 24-hour vehicle use include:
• Officially designated on-call status;
• Requirement for frequent emergency availability;
• Emergency or other equipment contained in the vehicle.
Vehicle use is limited to travel to and from the residence and place of work. The vehicle should be driven
over the most direct route taking into account road and traffic conditions. The vehicle should not be
utilized for travel outside a direct commuting route for personal reasons.
Employees assigned municipal vehicles on a 24-hour basis will be given a copy of this policy and will be
required to sign a confirmation of receipt.
Rules Governing Use:
1. Municipal vehicles may only be used for legitimate municipal business.
2. Municipal vehicles will not be used to transport any individual that is not directly or indirectly
related to municipal business. Passengers shall be limited to Town employees and individuals
who are directed associated with Town work activity (committee members, consultants,
contractors, etc.).
3. Vehicles should contain only those items for which the vehicle is designed. The Town shall not
be liable for the loss or damage of any personal property transported in the vehicle, except that
which is used in connection with town business.
4. Employees are expected to keep municipal vehicles clean and to report any malfunction or
damage to their supervisor immediately.
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5. Employees assigned vehicles for commuting purposes are expected to park such vehicles in safe
locations.
6. Employees (both driver and passengers) must wear seatbelts in vehicles so equipped during
operation of the vehicle.
7. All operators of vehicles that require a CDL license must be tested for drugs and alcohol as
provided by United States DOT regulations and the town drug/alcohol policy.
8. Employees may not operate municipal vehicles under the influence of alcohol, illegal drugs or
prescription drugs or medications that may interfere with effective and safe operations.
9. Employees who operate municipal vehicles must have a valid motor vehicle license issued by the
state of their current residence and may be required to produce proof of valid motor vehicle
license once every six months.
10. All new and existing drivers must allow a motor vehicle record check prior to driving any town
owned vehicle. This record check will be done every other year thereafter. An adverse drug
and/or alcohol record, regardless of what vehicle it occurred in, may result in revocation of an
employee’s privilege to operate municipal vehicles. If operating a municipal vehicle is an
essential job function, reclassification or termination could result.
11. Employees driving municipal vehicles shall obey all applicable traffic and parking regulations,
ordinances and laws.
a. Employees who incur parking or other fines in municipal vehicles will generally be personally
responsible for payment of such fines unless the payment of such fines is approved by the
Town.
b. Employees who are issued citations for any offense while using a municipal vehicle must
notify their supervisor immediately when practicable, but in no case later than 24 hours.
Failure to provide such notice will be grounds for disciplinary action.
c. Employees who are involved in an accident in a town vehicle shall follow the procedures
attached to the vehicle registration.
d. An employee who is assigned a municipal vehicle and who is arrested for or charged with
motor vehicle offense for which the 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 that 24 hours.
Conviction for such an offense may be grounds for loss of municipal vehicle privileges
and/or further disciplinary action.
12. Employee may use a municipal vehicle for out of state use with advance approval of the
Department Head.
13. Under NO circumstances will any person or animal ride in the body of a truck, or in a trailer
or bucket of a loader or backhoe.
Failure to comply with any and all provisions of this policy may result in disciplinary action up to and
including removal of Town vehicle privileges, suspension, and/or termination from Town service.
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