Section 14 - Election of Officers; Salary of President; Employment, Status and Benefits of Personnel

MA Gen L ch 75 § 14 (2019) (N/A)
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Section 14. As used in this section the following words shall have the following meanings, unless the context otherwise requires:

''Professional staff'', all officers of the university and all persons, except those whose duties are clerical, custodial, security, labor, maintenance and the like, employed for teaching, research, administration, extension, enforcement, control laws and regulatory services, technical and specialized academic support staff, and such related activities as shall be determined by the trustees of the university.

''Non-professional staff'', all employees who are not classified as professional personnel, such as clerical, custodial, security, labor, maintenance and the like.

The trustees shall have complete authority with respect to the election or appointment of the president of the university and such other officers and members of the professional staff of the university, including terms, conditions and periods of employment, classification and reclassification, salary within such salary schedule and exemptions as the trustees shall determine, compensation, transfer, promotion, and demotion, and shall define the duties and tenure of all officers and members of the professional staff, without limitation of any other provision of law. Said compensation and university salary schedule shall be set without reference to any state salary schedule. Copies of the classification, title, salary range, and descriptive job specifications for each position shall be placed on file with the governor, the council, the budget director, the personnel administrator, and the house and senate committees on ways and means.

Annually there shall be filed by the president or other officers of the university designated by him with the governor, budget director and joint committee on ways and means a listing of all positions at the university, including the name of the incumbent, the classification and title, and the rate of pay.

The trustees may, without prior approval and within limits of appropriations, engage designers, lecturers, students, other professional personnel, and non-employee services, at such rates and for such periods of time as they may determine necessary for the operation of the university.

The non-professional personnel of the university shall continue as state employees under the provisions of chapter thirty and except as otherwise provided in this paragraph, shall be employed in authorized permanent positions in accordance with the provisions of section forty-five of said chapter; provided, however, that the university shall have the authority without prior approval and within the limits of appropriations to establish and fill temporary, part time and seasonal positions within existing titles and rates within available appropriations for the fiscal year. A notice of action taken in filling all such positions shall be filed with the personnel administrator and with the comptroller.

All officers and employees, professional and non-professional, of the university shall continue to be employees of the commonwealth irrespective of the source of funds from which their salaries or wages are paid. They shall have the same privileges and benefits of other employees of the commonwealth such as retirement benefits, group insurance, industrial accident coverage, and other coverage enjoyed by all employees of the commonwealth.

The trustees shall establish and make public a policy on faculty tenure which provides for removal for just cause, hearing upon dismissal, and judicial review.

Any person employed by the University of Massachusetts at Amherst who serves in a call or part-call fire force in the town of Amherst during a tour of duty may be granted a leave of absence with pay for such service; provided, however, that no injury sustained or disability incurred while performing duties as a call or part-call fire fighter shall be considered for any purpose as having been sustained or incurred as a result of, or while in the performance of said person's duties at the University of Massachusetts at Amherst.