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Canton, Massachusetts · Saved source text

Town Engineer FY21-22

Budgets & Finance · Fiscal year 2021 · Record 3081551fe514614ac2

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Saved text from 5 source pages. Transcription and OCR may contain errors; verify figures and wording against the original. Retrieved 2026-10-15.

Source page 1

TOWN OF CANTON
CONTRACT OF EMPLOYMENT
TOWN ENGINEER

Agreement

This agreement is between the Town of Canton, acting through its Select Board and Jason K. Mello (hereafter
referred to as the Town Engineer, or employee). The Superintendent of Public Works shall provide day-to-
day direction, guidance and supervision to this position —- Town Engineer.

SECTION I.

1) TERMS AND CONDITIONS:

a.

This employment agreement’s term is August 31, 2020 — June 30, 2022
There shall be a 180 day probationary period. The Town reserves its right to terminate this
agreement without cause and for any reason or no reason during this period and shall provide
written notice to employee.

The position of Town Engineer is under the direct, day-to-day supervision of The Superintendent of
Public Works. It is also subject to the authority of the Town Administrator and the Select Board.

This contract may be extended or renewed by written approval of the Select Board.

In the event the employee desires to resign from the position of Town Engineer before the expiration
of the aforesaid term of employment, the employee will provide written notice at least thirty (30)
calendar days in advance to the Canton Select Board through its Town Administrator. In the event that
the Town decides not to renew this contract at the end of the term stated above, the Town will provide
at least thirty days (30) advance notice in writing to the employee of the decision to not renew.

The Superintendent of Public Works may review and evaluate the job performance of the Town
Engineer. Such performance reviews may take place annually. This optional review would be in
addition to day-to-day feedback and direction. Failure to perform this optional performance review
shall not prejudice the Town in any way.

The Town may discharge the Town Engineer at any time during the term of this agreement for good
cause. In the event the employee is terminated/separated/discharged/non reappointed by the Town for
any other reason, not related to good cause and before the expiration of the aforesaid term of
employment, and during such time the employee is willing and able to perform the duties of the
position, the Town agrees to pay a lump sum cash payment, equal to six 6 month’s salary. This payout
clause will only apply during the first two years of employment. Thereafter, the Town Engineer shall
be entitled to severance pay calculated upon rate of one week of severance for each year of
employment with the Town.

Under the direction of the Superintendent of Public Works duties are as identified in the attached
position description (Appendix A) which becomes part of this agreement. The Town reserves the
right to modify duties and responsibilities outlined in the position description as determined by the
Employer during the term of this agreement.

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Source page 2

TOWN OF CANTON
CONTRACT OF EMPLOYMENT
TOWN ENGINEER

2) COMPENSATION
The Town agrees to compensate the Town Engineer based on a 40 hour week as follows:

For the period of August 31, 2020 through June 30, 2021 the annual salary of $102,772.00
For the period of July 1, 2021 through June 20, 2022 the annual salary of $102,772.00
COLA to be negotiated

Annual salary payments are to be made in equal weekly installment payments

a. Overtime. It is understood that this position is a salaried position exempt under the Federal Fair
Labors Standards Act. The position may require the Employee to work beyond his/her regular weekly
schedule, including nights and weekends, as established by management and/or as needed to fulfill
position responsibilities.

3) INSURANCE AND OTHER BENEFITS

a. HEALTH -DENTAL INSURANCE: A plan of medical and dental insurance consistent with
M.G.L., Chapter 32 B shall be provided to the employee with 75% paid by the Town and 25% paid by
the Employee.

b. VACATION LEAVE: The Town agrees to provide the employee in the amount 20 days per year as
paid vacation. Time off for vacation is to be taken subject to the approval of the Superintendent of
Public Works. Vacation time may be carried over from one year to the next year, to a maximum of
thirty (30) days. Upon the retirement, termination, resignation or death of the employee, they (or their
estate) will be paid the amount of all unused vacation time. Vacation credit to employee accruals
shall be made on the initial start date made in full for fiscal year 2021 and then will be made on July
1* for each contract year, in full. The employee may not carry — over more than 30 current year
vacation days in any contract year.

c. SICK LEAVE: Sick leave shall accrue at the rate of 1.25 days per month, accumulating without
limit, less paid sick leave taken. An employee who retires pursuant to M.G.L. chapter 32 will be
entitled to receive salary compensation for Fifty Percent (50%) of unused accumulated sick time or
seventy (70) days, whichever is lesser. In the case of death, payment shall be made to the deceased
employee’s estate, with payment calculated at the current daily rate of pay. In no event shall sick time
buy back payment, under this section, exceed Six Thousand Dollars ($6,000.00).

Source page 3

TOWN OF CANTON
CONTRACT OF EMPLOYMENT
TOWN ENGINEER

In addition, the employee is allowed, with the approval of the Appointing Authority, use of
accrued sick leave, up to five days per contract year, for family-related sick leave.

Employee may be required, upon request by the Town, to provide a Physician’s certificate at
any time by the Town for absence(s) of any duration. In addition, employee may be required
to be examined by a Town-designated physician to verify need for absence.

PERSONAL LEAVE: Granted 3 days per fiscal year. Personal leave days may not be carried over
from one contract year to the next contract year.

RETIREMENT: Contributory retirement coverage with Norfolk County Retirement Board will be
provided, as required by state law.

TUITION REIMBURSEMENT: The Town will reimburse the employee for job-related courses
taken as part of a degree or certificate program or credit towards maintaining a professional license or
professional competency. Books, registration fees, and all other costs will be paid for by the Town,
subject to funding availability. Payment will be made after proof of successful course completion is
provided. It is agreed that the amount reimbursed to the employee will in no event exceed the
departmental available annual appropriation. This provision is subject to the sole discretion of the
Town.

OTHER BENEFITS: The town will provide the Town Engineer with the following additional
benefits as are conferred upon other Town Employees: workers’ compensation, paternity leave, leave
of absence, and approved leave(s) with or without out pay as approved by the Town.

JURY DUTY: The Employer agrees to make up the difference between the weekly wages and the
compensation received for jury duty pay.

BEREAVEMENT LEAVE - in the event of death in the immediate family of the employee, the
employee shall be granted up to 4 consecutive days leave without loss of pay, to attend the funeral or
memorial services. The term immediate family shall include the mother, father, wife, husband,
brother, sister, child, grandchild, grandparent, mother-in-law, father-in-law, stepparent of either
spouse, brother-in-law, or sister-in-law, niece and nephew. In the event of death of the employee’ s
uncle, aunt, or non-relative living in the employee’s household for a minimum of one year, the
employee shall be granted one (1) day’s leave on the day of the funeral.

TRAVEL -— The Town will provide an allowance of $1,500 annually paid out in weekly installments.
Parking, tolls, meals and conference expenses as they relate to the Town Engineer performance duties
shall be reimbursable, subject to review by the Superintendent of Public Works. All requests for
reimbursement shall be submitted in conformity with existing town practices and procedures relating
to reimbursement for expenditures.

Source page 4

TOWN OF CANTON

CONTRACT OF EMPLOYMENT
TOWN ENGINEER

k. PROFESSIONAL DUES AND SEMINARS:
The employee is required to maintain his/her professional competency. Educational courses,
seminars, and/or meetings approved by the Town are encouraged. The Town shall pay costs related to
such attendance subject to funding availability and in its discretion. Prior approval from the
Superintendent of Public Works is required for such participation to determine funding availability
and ensure proper departmental coverage in the absence of the Town Engineer. Annual membership
dues for applicable professional organizations/affiliations shall also be paid by the Town in its
discretion. It is the employee’s responsibility to seek and request appropriate continuing
education/professional licensure/certifications.

1. PHYSICAL FITNESS PROGRAM: The Town will reimburse the employee for durable exercise
equipment such as an exercise bicycle, stair stepper, elliptical machine, rowing machine, etc. or
approved health club facility; not to include clothing, sneakers, or regular bicycles. The employee
must show satisfactory evidence of enrollment/purchase and provide the Town with receipted bills.
Reimbursement by the Town will not exceed Four Hundred Dollars ($400) in any contract year.

m. HOLIDAYS - The following days shall be recognized as paid holidays on the day on which they are

observed:
New Years Day                             Labor Day
Martin Luther King Day                    Columbus Day
Washington’s Birthday                     Veteran’s Day
Patriot’s Day                                 Thanksgiving Day
Memorial Day                              Christmas Day
Independence Day                            Half day preceding Christmas

If any of these days falls on a Saturday, the preceding Friday will be considered the holiday.
Holidays falling on a Sunday will be celebrated on Monday.

4) INDEMNIFICATION - The Employer shall defend, save harmless and indemnify the Employee against
any tort, professional liability claim or demand or other legal action, whether groundless or otherwise,
arising out of an alleged act or omission occurring in the performance of the Employee’s duties as Town
Engineer, and consistent with state law.  Employer will comprise and settle any such claim or suit and pay
the amount of any settlement or judgment rendered thereon. Willful torts and criminal acts are excluded,
pursuant to state law.

Source page 5

TOWN OF CANTON
CONTRACT OF EMPLOYMENT
TOWN ENGINEER

For the Select Board

John J. Connolly,
Chairman

C

Michael C. Loughran
Vice Chairman

Christopher J. Connolly,,
Member           -
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Lisa R. Lopez
Member

B-4-20

Date