Employment Policies

Review these subsections on employment policies to understand how various operations are governed, such as wage and salary administration, new employee introductions and orientation, electronics and the internet, and others. If you have questions or need information that is not available here, consult with a representative of the Finance and Operations group.

Wage and Salary Administration

Compensation Plans

We seek to hire intelligent, thoughtful, and entrepreneurial professionals who are committed to improving the quality of life in metropolitan Boston. In order to attract and retain such qualified employees, the employee compensation system is competitive with similar organizations in comparable job markets; assigns wage and salary levels to positions based on the knowledge, skills, and abilities required; and recognizes and rewards individual differences in performance.

Payroll Deductions

Chapter 149 Section 150A of the Massachusetts General Laws, as amended, requires all appointing authorities to notify new employees of deductions from their wages. The earnings and deductions are shown on the paycheck stub. Boston Region MPO is required to withhold the following deductions from wages:

  • Federal Income Tax
  • Massachusetts Income Tax
  • State Retirement Plan
  • Medicare portion only of Federal Insurance Contributions Act (FICA)
  • Wage garnishments (as required)

Employees do not contribute to Social Security or receive credit toward Social Security benefits during their period of employment at Boston Region MPO.

State Retirement System

All regular employees are required to participate in the State Retirement System. This system is provided in lieu of the federal Social Security System. New employees contribute a total of 11 percent from his or her salary. Employees hired on or after January 1, 1996 contribute 9 percent of their wages; all employees hired after January 1, 1979 contribute 2 percent from any earnings that exceed $30,000. Employees become vested after 10 years of service with state, regional, or municipal government entities in Massachusetts.

Omnibus Reconciliation Act of 1990

Under the Omnibus Reconciliation Act (OBRA) of 1990, any person who is receiving compensation from the Agency for services performed, and is ineligible for membership in the Retirement System (temporary, emergency, or contractual employees), must participate in the Mandatory Deferred Compensation Plan by the State to meet requirements of Section 3121 (b)(7)(F) of the Internal Revenue Code.

At the end of each payroll period, a 7.5 percent deduction (but not more than the maximum deferred allowable pursuant to the code) will be withheld from employee compensation and invested in a deferred compensation program established in accordance with said code. The deduction will be withheld from wages on a pre-tax basis and will not be subject to Federal or State taxes. At year-end, W-2 forms will be adjusted to lower gross wages by the amount deferred in that tax year.

Medicare

Federal law mandates participation in the Medicare program for all state and local employees hired on or after April 1, 1986. This program requires both the employer and the employee to each remit 1.45 percent of salary to the Federal Government and this amount is subject to change by federal law. This is indicated on the bi-weekly pay stub under Medicare deductions.

Paychecks

Employees are paid biweekly via direct deposit, which normally takes about two pay periods to activate. As part of the new employee onboarding, direct deposit information is collected and electronic access to payroll data is set up by the Metropolitan Area Planning Council. Employee Forward is the secure self-service portal for employees to manage their payroll and benefits information, and address changes.

Employee Workweek

Workweek

A normal workweek for full-time employees is 37.5 hours, not including lunch breaks. A normal workweek for temporary employees is based on the project to which they are assigned. Temporary employees may work up to and exceed 40 hours in a given week.

Workday

Normal workdays for full-time employees are Monday through Friday. The normal workday for full-time employees is 7.5 hours, not including lunch. The Boston Region MPO business hours are from 9:00 AM until 5:00 PM.

Absences and Delays in Reporting for Work

Employees should notify their supervisor as soon as reasonably possible of a delay in reporting for work or of an absence for any reason. Unauthorized absences and failure to report absences and delays according to these instructions may be a cause for corrective action.

Compensatory (Comp) Time

Comp time only applies when an employee is required to work on a weekend or holiday. Employees may work a flexible schedule to handle unforeseen circumstances, as described in Flextime below.

Privileges

The practices explained below are not automatic benefits of working at Boston Region MPO; they are presented as and considered to be privileges. They must be specifically arranged for in advance by the individual employee in consultation with their supervisor; a four-day workweek also requires notification of the executive director.

Flextime

Full-time employees may, with the approval of their supervisor, vary their workday start time and end time; work more than 7.5 hours on some days and fewer than 7.5 hours on some days; and/or work some of their hours on Saturday and/or Sunday. These practices may be followed for either personal or professional reasons. The following requirements are associated with flextime:

  • The alternative hours must be pre-approved by the supervisor.
  • The hours worked per week must total 37.5 hours.
  • The hours worked must be accurately recorded on the employee’s weekly timesheet.

Four-Day Workweek

A four-day workweek is a privilege that can be granted only to employees who have demonstrated the ability to function productively in these circumstances. Employees who have been granted the privilege must comply with the following:

  • The hours worked per week must total 37.5 hours.
  • The hours worked must be accurately recorded on the employee’s weekly timesheet.

On the recommendation of the supervisor, permission may be revoked for any reason, including unsatisfactory productivity, a change in work assignments, or a change in group priorities. At least two weeks’ notice will be provided before any revocation, and more notice will be given if possible.

Employees may work a four-day week, provided that they have prior approval from their supervisor and the appropriate director, and have also notified the executive director. Approval is contingent on the employee’s demonstrated ability to be productive over the course of a long day and on the supervisor’s assessment of whether the group’s operation would be impaired by the individual’s weekly one-day unavailability.

Deferred (Flex) Holidays

Regular or temporary employees who work a full 7.5-hour day on a holiday may take a full 7.5-hour day of holiday leave at a later date. This includes employees categorized as non-exempt under the Fair Labor Standards Act, i.e., those paid on an hourly basis. Employees must give advance notice to their supervisor and must be able to work and charge for the full 7.5-hour day on the holiday in order to accrue time for a deferred holiday. Deferred holidays must be taken within 90 days of the date of the holiday or by the end of the benefit year in which it is earned, whichever is sooner, unless otherwise approved by their supervisor. In the event that an employee leaves employment with the agency before the employee is able to take the deferred holiday or holidays off, the employee will be paid at the employee’s regular rate for all unused deferred holiday time.

Administrative Policies

Business Hours

The agency's office is normally open for business from 9:00 AM to 5:00 PM, Monday through Friday, except on officially designated holidays. In the event of extreme weather conditions, electrical failure, or other emergencies, the Executive Director may close the offices or reduce coverage to a skeleton crew.

Visitors

To help ensure the safety and security of employees and tenants in the State Transportation Building, all visitors must be preregistered. Hosts can preregister their visitor(s) using the following link: State Transportation Building Visitor Preregistration Form.

If a visitor arrives without preregistration, they must present either an email confirmation of the visit or the contact information for the party they are visiting. Upon arrival, visitors must present a valid ID (e.g., a driver’s license or passport) at the information desk, where they will be issued a temporary visitor badge. This badge must be worn visibly at all times during their visit.

All visitors should be greeted and accompanied by their host or a representative from the host’s department. The security guard at the information desk will call hosts directly and advise them of the visitor’s arrival. The host or a representative of the department being visited must meet the visitor at the information desk and escort them throughout their visit. At the time of departure, hosts must escort the visitor to one of the exits adjacent to the security screening areas. Upon leaving the secure area, the visitor must check out at the information desk.

If the security guard is unable to reach the host, the alternate contact, or the host department is unable to send an escort, the visitor will not be admitted into the building.

All visitors, without exception, are required to pass through a security screening checkpoint, which includes metal detector screening for visitors and x-ray examination of their bags. In accordance with Boston Region MPO policy, weapons or dangerous items are strictly prohibited.

Failure to comply with these guidelines may result in denial of entry or removal from the premises. The building is ADA-compliant. If accommodations are needed, please inform the information desk in advance.

The full visitor policy is linked here. If you have any additional questions, please contact HR at [email protected].

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Personal Phone Calls

Employees are asked to extend professional courtesy to their fellow co-workers by limiting personal phone calls and keeping personal cell phones set to vibrate or on a low volume level during business hours. Long distance charges on Boston Region MPO telephones are monitored and must be reimbursed by the employee.

In addition, personal visits should be kept to a minimum and visitors should be accompanied throughout the workplace at all times.

Dress Code

Employees are representatives of the Boston Region Metropolitan Planning Organization. As such, they are expected to use good judgment in their attire. Generally speaking, business casual is acceptable for general work activities. From time to time, such as for significant public events or meetings with senior or elected officials, business attire may be more appropriate.

Reimbursement for Travel, Conferences, and Meals

Travel to destinations outside of Massachusetts is charged directly to the contract that funds the work of the staff member who is traveling, and it requires prior approval from the Executive Director and funding agency. For detailed information on reimbursement procedures, see the Travel Procedures page in the Procedures section on the Intranet.

Approved Allowances for Travel Expenses

The following are the contractually allowed categories of travel expenditures (a receipt for each travel expenditure is required for reimbursement).

  • Registration: Registration expenses are reimbursable at 100 percent of the advertised cost. If there is a discount for early registration, the traveler must obtain all the approvals needed in time to meet the deadline for receiving the discount.
  • Hotel Accommodations: The cost of hotel accommodations is subject to contractual limitations. Please see the Project Accountant for more specific details. This cost is reimbursable at 100 percent of the actual cost, not including tips, internet connection, or any non-accommodation-related expense. The traveler must obtain three hotel rates (asking for government rates, GSAs, when available), and provide an explanation if he or she requests approval of staying at a hotel that is not the least expensive.
  • Airfare: The cost of airfare is reimbursable at 100 percent of coach fare. The traveler must research the least expensive airfare. When more than one airport may be used, a comparison in fares to each airport must be included on the request form.
  • Ground Travel: Ground travel includes a shuttle, mass transit,  taxi fare or rideshare (if a shuttle or mass transit is unavailable) to get from the destination airport to the hotel and back again. If the hotel is not within walking distance of the conference, the cost of travel between the hotel and conference is also covered. Tips are not reimbursable.
  • Mileage: If an employee chooses to drive, he or she must use a personal vehicle, not a rental vehicle, and mileage is reimbursed at the contractual rate.
  • Meals: Meals are reimbursed at 100 percent of the actual costs, not including tips or alcohol, and not to exceed the contractual amounts (amounts vary and may be obtained from a member of the Finance and Operations group).

Purchase Orders

An approved Purchase Order (PO) is required before a purchase is made. This applies to all purchases except for in-state mileage costs. Purchase Orders are submitted and approved through Deltek. (Instructions for submitting a purchase order.)

When a purchase is to be funded as a direct charge to a contract, the purchaser must check with the Finance and Operations group to ensure that funding for that specific purchase is included in the contract’s budget. A prior approval from the funding agency is required for all direct charge expenditures. The prior approval form will be completed by the Finance and Operations group, submitted to and approved by the funding agency, before the PO can be completed. Please allow two to three weeks for this process.

Purchase Limits and Approvals

  • Purchases of $0–$9,999: If the item is purchased under a state contract, the state contract number should be included on the PO request.  If a state contract is not used for the requested item, a minimum of three quotes is suggested for purchases of more than $250.
  • Purchases of $10,000–$49,999: If the item is purchased under a state contract, the state contract number should be included on the PO request.  If a state contract is not used for the requested item, the purchaser is required to obtain three quotes.
  • Purchases of $50,000 or more: This level of expenditure is subject to Massachusetts Procurement Regulations, Chapter 30B, which require that the bid be advertised.  MAPC provides assistance with this process. Consult with the Finance and Operations group for assistance.

Sales Tax

Boston Region MPO does not pay sales tax because it is a government entity and makes purchases using a tax-exemption certificate. A copy of the tax-exempt certificate can be obtained from the Project Accountant.

Gasoline Petty Cash

This fund provides an advance to purchase gasoline for car rentals for field work. The advance form is completed by a member of the Finance and Operations group and must be signed by the employee requesting the advance and the project manager. The receipts for gasoline purchase and the car rental agreement must be attached to the form at the end of the week and returned to the Finance and Operations group.

Mobile Communications and Driving

All employees should comply with all state and local laws regarding the use of mobile communication devices while driving. If employees must use a mobile communication device while driving to or from work-related activities, they are required by law to use a hands-free device.

Publications

All employees are encouraged to publish articles in professional, technical, and scholarly journals. To protect the integrity of the Agency, all such personally initiated articles should bear the following caveat: “This article represents the opinions and conclusions of the author and not necessarily those of the Central Transportation Planning Staff or the Boston Region MPO.”

Nursing Room

Pursuant to recent changes in the Fair Labor Standards Act (FLSA), Boston Region MPO will provide all employees who are breastfeeding and/or expressing milk with reasonable break times to either breastfeed or express milk throughout the day. In addition, Building Management has nursing rooms (also referred to as wellness rooms in this how-to) on the 2nd and 3rd floors for the purpose of providing a private space to either nurse and/or express milk. The rooms are equipped with a refrigerator and comfortable chair. Boston Region MPO employees as well as invited guests or agency representatives may use this room.

Employees should contact the Finance and Operations group to further discuss any details regarding the nursing room.

Hiring Policies and Procedures

The MPO is responsible for recruiting and hiring the Executive Director and the Executive Director in turn becomes the hiring authority for all other Agency employees. The policies in this section apply to all employees. The Finance and Operations group monitors and documents the recruitment, selection, hiring, and promotion processes to ensure compliance with Agency policies.

Affirmative Action Policy

It is the policy of the Agency to fill staff positions with the most qualified applicants and to promote upward mobility for qualified employees on an equal opportunity basis. As an organization supported by public funds, the Agency acknowledges a special obligation not only to affirm its commitment to the elimination of discriminatory barriers to employment based on race, color, sex, religious creed, national origin, ancestry, mental or physical disability, age, sexual orientation, or veteran status, but also to take positive steps to recruit, hire, and promote members of minority groups and women.

The employer requirements for all positions shall be reasonable and shall not include as necessary any experience or training factors that might tend to exclude otherwise qualified minority or female candidates. The Agency believes that the only determinants of salary are the requirements of the position, education, experience, ability, quality of performance, and the demand for particular combinations of knowledge, skills, and abilities in the marketplace. The Agency will take whatever steps are necessary to correct any real discrepancies in wages that may be found to exist for minority group members or women.

In its efforts to achieve its affirmative action goals, the Agency has established and adheres to standardized procedures for recruiting and interviewing applicants. All advertisements for staff state the Agency’s commitment to AA/EEO principles.

EEO/Nondiscrimination Policy

Boston Region MPO is committed to the principle of equal employment opportunity, consistent with federal and state statutes and regulations supporting the recruitment, hiring, training, compensation, and promotion of every qualified individual without regard to race, color, sex, religious creed, national origin, ancestry, mental or physical disability, age, sexual orientation, or veteran status, or any other category protected by federal, state, or local laws.

Americans with Disabilities Act (ADA)

The Agency will offer equal employment opportunities for qualified individuals who may have a physical or mental disability but can still perform the essential functions of the job. The Agency will provide reasonable accommodations to those employees protected by the ADA provided that the accommodation does not provide undue hardship on the Agency. Such accommodations may include but are not limited to the following:

  • Making reasonable accommodations within the work environment for people with disabilities
  • Contracting the services of interpreters and translators for the sight and hearing impaired, wherever feasible
  • Purchasing assisting devices, if funding permits
  • Providing flexible hours work schedules for employees with disabilities
  • Reassigning tasks to accommodate a person who has a disability

Employees should discuss their needs for accommodation with their supervisors and direct any questions about the ADA to the Finance and Operations group.

Recruitment Records

Boston Region MPO recruits both internally and externally for vacant positions. Employee and contract employee position vacancies at the Agency, except those to be filled by promotion, are posted in the Boston Region MPO offices, with resume and cover letters directed to the Executive Director.

The Finance and Operations group is responsible for establishing uniform record retention procedures for all new hires. These procedures include, at a minimum, retaining the following documents for at least two years after a hire:

  • A copy of the internal posting
  • A copy of the external advertisement
  • A list of all external advertising outlets used and dates of publication or distribution
  • Copies of all resumes and applications
  • A list of the persons selected for each interview phase including interview dates
  • A list of all interviewers present at each interview

The Finance and Operations group maintains the documentation for Boston Region MPO hires.

Safe Interviewing Guidelines

The Massachusetts Fair Employment Practices Law and Title VI of the Civil Rights Act forbid discrimination on the basis of race, color, religious creed, national origin, sex, sexual orientation, gender identification, genetic information, military service, age, ancestry, or disability. Regulations and guidelines of the Massachusetts Commission Against Discrimination (MCAD) and the Equal Employment Opportunity Commission (EEOC) interpret and apply the job discrimination laws.

There are many questions that interviewers are not allowed to ask when interviewing candidates for employment. The Finance and Operations group can provide additional information on this subject.

Background Check Policy

Boston Region MPO does not generally conduct background checks on prospective or current employees, but will conduct criminal history checks on prospective and current employees whose job duties require them to handle protected information.

At this time, Boston Region MPO shall only conduct Criminal Offender Record Information (CORI) checks on prospective or current employees in the following positions:

  • Executive Director
  • Deputy Executive Director
  • Finance and Operations Director
  • Director of Policy and Planning
  • Director of Projects and Partnerships
  • Human Resource and Finance Staff
  • IT division staff
  • Positions with access to Protected Personal Information
  • Positions as required by contract with an outside party

If your role requires a CORI check, you will be notified by the Finance and Operations Group. A CORI check will be conducted on such current employees on a yearly basis and, if applicable, as requested by any current or future contract with an outside party.

Prospective Employees whose positions require a CORI check will be advised of such in the relevant job posting.  Upon a conditional offer of employment by Boston Region MPO, the selected candidate will be required to provide Boston Region MPO with a completed CORI Request Form.  The cost of the CORI check will be assumed by Boston Region MPO.

Additional information published in January 2021 about the Background Check Policy can be found here (downloads PDF).

Introductory Period

Employee and Manager Responsibilities

The first three months of employment are considered the introductory period. The introductory period allows the new employee and their manager to assess the suitability of the employment relationship and determine if it is mutually beneficial.

For the new employee, this period presents an opportunity to become familiar with the agency’s work and culture, as well as the responsibilities of the new position.

For the manager, it is a time to clarify job duties, establish initial goals for the new employee, and provide institutional context. It is essential that the manager provides ongoing feedback and coaching to support the new employee’s acclimation and productivity throughout this time.

New employees are encouraged to ask questions and seek clarification throughout the introductory period. Regular check-ins with one’s manager are an integral part of this process, and employees can request guidance or support at any time.

Introductory Period Evaluation

Upon completion of the introductory period, typically during the final week of the third month of employment, the manager will complete the agency’s Introductory Period Evaluation Form, sharing it with the employee before meeting, and completing the write-up after discussion. This evaluation is primarily developmental, designed to provide feedback on progress and identify areas for continued growth. A final copy of the evaluation will be shared with the employee before it is signed by both employee and manager.

If deemed necessary, the supervisor may recommend that the agency extend the introductory period for no more than three months. The terms of the extension should be in writing, acknowledged by the employee, and discussed in advance with the Deputy Executive Director. An extension of the Introductory Period must receive final approval from the Executive Director.

If the job placement does not appear suitable for any reason, the agency may then terminate the new employee without engaging in the disciplinary activities described in the employee handbook.

Leave Time Benefits During the Introductory Period

While vacation and sick time begin to accrue upon hire, vacation leave cannot be used during the introductory period. Only discretionary leave and accrued sick leave may be taken during this time. Previously scheduled vacations must be covered with available discretionary days. If time off is to be taken unpaid during the introductory period, it must be approved in advance by the Director of Finance and Operations.

Employees remain covered by the Employment at Will policy during and after the introductory period.

Performance Assessment, Supervisor Feedback, and Employee Development Plan

The agency’s evaluation cycle involves two-way, individualized conversations between a supervisor and an employee about performance impact, development, and growth. Staff and supervisors take part in four different types of evaluation activities throughout their tenure at the agency. The first evaluation is called the Introductory Period Evaluation, which is an evaluation for all employees who transition to or assume a new position at the agency. It occurs after three months of the start date or the transition date, whichever is applicable. The other three evaluations and assessments are listed below. They are conducted at different times of the year annually.

  1. Feedback for Supervisors
  2. Performance Assessment
  3. Employee Development Plan

Process details and timeframe for each are provided below.

Feedback for Supervisors

In coordination with the annual evaluation process, there is an opportunity for each staff member to provide feedback on their supervisor and any member of the leadership team consisting of directors, the deputy executive director, or for the executive director.

Timing: March

Process: A survey is shared via email and a companion link is posted on the intranet. The survey is required. The results of the survey will be reviewed only by executive leadership and shared with supervisors in summary form. An example of a past survey can be found here.

Performance Assessment

The purpose of conducting the performance assessment is to practice open communication between the employee and the supervisor with the goals of evaluating and if needed identifying ways to improve an employee's productivity and quality of work. It is also a conversation on how to promote an employee’s development. The performance assessment is used in conjunction with the compensation plan to help the supervisor determine what recommendations for salary adjustments and promotions they will make to the leadership team. Supervisor recommendations will be taken into consideration, with other factors, in determining salary adjustments.

Timing: April

The  Performance Assessment instructions and the form can be found here and in the Forms Library.

Employee Development Plan

This plan aims to foster collaboration between employees and supervisors in developing the employee’s short- and long-term career goals, outlining actionable steps to achieve them, and identifying how the organization can provide support. The plan serves as a reference throughout the year, focusing on goals such as acquiring new skills, refining existing ones, or engaging in different projects. These goals should enhance performance, leading to positive outcomes in the springtime performance assessment. Additionally, the plan encourages discussions on job expectations, identifies potential barriers, and explores opportunities for professional growth. It is intended to be reviewed and updated annually to reflect progress and evolving circumstances.

Timing: July

The  Employee Development Plan process and the form can be found here and the Forms Library.

Relationships and Responsibilities

The policies in this Section apply to all Boston Region MPO employees--both permanent and temporary staff, including field staff, and any other individual that conducts business with or on behalf of Boston Region MPO.

These policies apply to conduct that occurs at Boston Region MPO, or when an employee is representing or acting on behalf of Boston Region MPO, conducting Boston Region MPO business, or attending Boston Region MPO-sponsored activities such as a meeting or conference.

Boston Region MPO takes seriously allegations of violations of its employment policies. In particular, violations of the policies against discrimination and harassment may undermine a person’s well-being and interfere with her or his work; such violations may also taint the work climate for others, and may undermine Boston Region MPO’s ability to achieve its mission. Allegations of policy violations may be investigated and may lead to disciplinary action, up to and including termination of employment. In any investigation, Boston Region MPO strives to protect the rights of all individuals involved and to safeguard the welfare of everyone in the Boston Region MPO community.

Employees who feel they have been discriminated against or harassed, or that any of the other policies in this Section have been violated, are encouraged to raise their concerns with the Director of Finance and Operations, Director of Policy and Planning, Director of Projects and Partnerships, Director of Modeling and Analytics, Deputy Executive Director, and/or Executive Director. See Filing a Complaint at the end of this section for information about the process for complaint resolution.

Personal Conduct and Responsibilities Towards Employees

Boston Region MPO promotes the principle that every person brings unique qualities and talents to our organization and that every individual should be treated in a respectful manner. All Boston Region MPO employees are expected to conduct themselves with professionalism, personal integrity, and respect for the rights, differences, and dignity of others. These standards of personal conduct apply to all communications, whether oral, written, in gestures, or via electronic media, such as the internet, social networks, blogs, cell phones, texts, or other similar devices. Boston Region MPO employees are also expected to treat the property of both Boston Region MPO and other staff members with appropriate care and respect.

Nondiscrimination

Boston Region MPO's nondiscrimination policy applies to all employees.

Boston Region MPO is committed to the principle of equal employment opportunity, consistent with federal and state statutes and regulations supporting the recruitment, hiring, training, compensation, and promotion of every qualified individual without regard to race, color, sex, national origin, religious creed, age, ancestry, physical or mental disability, sexual orientation, gender identification, veteran status, or any other category protected by federal, state, or local laws.

Racist Conduct

Harassment or discrimination against individuals on the basis of race, whether intentional or not, is unacceptable at Boston Region MPO. Racism and racist conduct may undermine a person’s well-being and interfere with her or his work; such violations may also taint the work climate for others, and may undermine Boston Region MPO’s ability to achieve its mission.

Workplace Violence and Possession of Weapons

Boston Region MPO will not tolerate workplace violence committed by an employee or an external individual such as a client, vendor, organization partner, or member of the public. Workplace violence includes, but is not limited to, threats, physical attacks, or property damage.

To ensure that Boston Region MPO maintains a workplace safe and free of violence for all employees, Boston Region MPO prohibits the possession or use of dangerous weapons in the workplace.  A license to carry a weapon does not supersede this policy. (Dangerous weapons include firearms, explosives, knives, and other weapons that might be considered dangerous or that could cause harm.)

Harassment

In order to create a respectful, welcoming, and productive community, Boston Region MPO is committed to providing an environment that is free from harassment.

Harassment is defined as unwelcome conduct of a verbal, nonverbal, or physical nature that is sufficiently severe or pervasive to create a work environment that a reasonable person would consider intimidating, hostile, or abusive and that adversely affects an individual’s work environment.

Below is a partial list of examples of conduct that would likely be considered harassing:

  • Public and personal tirades
  • Deliberate and repeated humiliation
  • Deliberate interference with the life or work of another person
  • Use of racial epithets
  • Deliberate desecration of religious articles or places
  • Repeated insults about loss of personal and professional competence based on age

This list is illustrative only, and not exhaustive. No form of harassment will be tolerated.

Conduct that does not rise to the level of harassment may still violate Boston Region MPO’s policies for personal conduct. Even conduct that does not violate a Boston Region MPO policy may be inappropriate, and any inappropriate conduct should be addressed by the group manager or appropriate director.

Sexual Harassment, Sexual Misconduct, Gender-Based Harassment

Boston Region MPO’s policy against harassment specifically includes a prohibition against sexual harassment, sexual misconduct, and gender-based harassment if the conduct meets the standards of harassment (unwelcome conduct of a verbal, nonverbal, or physical nature that is sufficiently severe or pervasive to create a work environment that a reasonable person would consider intimidating, hostile, or abusive and that adversely affects an individual’s work environment).

Sexual Harassment

Sexual harassment is unwelcome conduct of a sexual nature, such as unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal (including via electronic media such as the internet, social networks, blogs, cell phones, texts, or other similar devices), or physical conduct of a sexual nature, when

  • Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; or
  • Submission to or rejection of such conduct by an individual is used as the basis for employment decisions (such as advancement, performance assessment, or work schedule) affecting that individual; or
  • The conduct is sufficiently severe or pervasive that a reasonable person would consider it intimidating, hostile, humiliating, or abusive and it adversely affects an individual’s work environment and performance.

A partial list of examples of conduct that might be deemed to constitute sexual harassment include:

  • Examples of verbal sexual harassment may include unwelcome conduct such as sexual flirtation, advances or propositions or requests for sexual activity or dates; asking about someone else's sexual activities, fantasies, preferences, or history; comment about an individual’s sexual activity, deficiencies, or prowess; discussing one’s own sexual activities, fantasies, preferences, or history; verbal abuse of a sexual nature; comment on an individual’s body; suggestive comments; sexually explicit jokes; turning discussions at work to sexual topics; and making offensive sounds such as “wolf” whistles.
  • Examples of nonverbal sexual harassment may include unwelcome conduct such as displaying sexual or sexually suggestive objects, pictures or other images; invading a person's personal body space, such as standing closer than appropriate or necessary or hovering or physical touching; displaying or wearing objects or items of clothing which express sexually offensive content; making sexual gestures with hands or body movements; looking at a person in a sexually suggestive or intimidating manner; or delivering unwanted letters, gifts, or other items of a sexual nature.

This list is illustrative only, and not exhaustive. No form of harassment will be tolerated.

Sexual Misconduct

Sexual misconduct is a broad term that includes sexual assault (rape, sexual fondling, incest, or statutory rape), sexual exploitation, and sexual harassment.

Gender-based Harassment

Gender-based harassment is unwelcome verbal or nonverbal (including via electronic media such as the internet, social networks, blogs, cell phones, texts, or other similar devices) conduct based on gender, sex, sex-stereotyping, sexual orientation, or gender identity that meets the definitions above of harassment. Gender-based harassment may also involve conduct of a sexual nature.

Stalking

Stalking, whether or not sexual in nature, is prohibited by Boston Region MPO.  Stalking is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for her or his safety or the safety of others, or to suffer substantial emotional distress.

Stalking can take many forms. Examples include, but are not limited to, instances of the following conduct (that also meet the definition of stalking above):

  • Following a person
  • Appearing at a person’s home
  • Continuing to contact a person after receiving requests not to
  • Leaving written messages, objects, or unwanted gifts
  • Vandalizing a person’s property
  • Photographing a person
  • Other threatening, intimidating or intrusive conduct

Stalking may also involve the use of electronic media such as the internet, social networks, blogs, cell phones, texts, or other similar devices (often referred to as cyberstalking). Such conduct may include, but is not limited to, non-consensual communication, telephone calls, voice messages, emails, texts, letters, notes, gifts, or any other communications that are repeated and undesired.

Retaliation

No one shall be retaliated against for, in good faith, raising a complaint of a violation of a Boston Region MPO policy, participating in Boston Region MPO’s complaint resolution process (whether as a complainant, a witness, an investigator, or in any other capacity), or opposing a violation of a Boston Region MPO policy.  Retaliation is any adverse action, harassment, threats or other conduct that would discourage a reasonable person from making a complaint or otherwise participating in a complaint resolution process. Retaliation may occur even where there is no finding of a policy violation, and a complaint of retaliation will be addressed independently through Boston Region MPO’s complaint resolution process.

Filing a Complaint

If an employee believes that she or he has been subjected to a violation of Boston Region MPO’s policies, the employee has the right to file a complaint. This may be done in writing or orally, by contacting either the Director of Finance and Operations, Director of Policy and Planning, Director of Projects and Partnerships, Director of Modeling and Analytics, Deputy Executive Director, and/or Executive Director. These individuals are able to discuss any concerns you may have and provide information to you about the complaint process.

Complaint Investigation

Upon the receipt of a complaint, an investigation of the allegation will begin. An investigation may be conducted by the Executive Director and/or Deputy Director, Boston Region MPO/MAPC Human Resources or General Counsel, or outside counsel or other similar party. The investigation will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances.  The investigation will include one or more interviews of the following: person making complaint, alleged violator of the policy, witnesses, and other parties. When the investigation is complete, to the extent possible, both parties will be informed of the results of the investigation.

If it is determined that inappropriate conduct has occurred, prompt action will be taken to eliminate the offending conduct and where it is appropriate, disciplinary action will be imposed.

Disciplinary Action

If inappropriate conduct is found to be committed by an employee, disciplinary action ranging from required counseling to termination of employment may be imposed.

State and Federal Remedies

While employees are encouraged to report claims internally, if an employee believes that he or she has been subjected to discrimination and/or sexual harassment, he or she may file a formal complaint with the government agency or agencies set forth below.

Using Boston Region MPO’s complaint process does not prohibit an employee from filing a complaint with the following agencies:

The United States Equal Employment Opportunity Commission (EEOC)

JFK Federal Building, Room 475
Boston, Massachusetts 02203
(617) 565-3200;

The Massachusetts Commission Against Discrimination (MCAD)

Boston Office
One Ashburton Place, Room 601
Boston, Massachusetts 02108
(617) 727-3990; or

MCAD Springfield Office 
436 Dwight Street, Room 220
Springfield, Massachusetts 01103
(413) 739-2145.

Termination of Employment

Continued employment by the Boston Region MPO is subject to satisfactory performance of responsibilities on the part of the employees, the availability of funds, and staffing requirements. The employment relationship may be terminated for reasons including, but not limited to, those noted subsequently.

Resignation

All employees are expected to be professionally responsible by giving advanced resignation notice so that the carrying out and/or completion of their assigned tasks is not jeopardized. The appropriate amount of advance notice is usually at least equal to your annual vacation time. At a minimum, two weeks’ notice is requested.

Resignation notices shall be in writing to the Executive Director, with copies to the Deputy Executive Director, your supervisor, and to [email protected]. See the how to on submitting a resignation and fulfilling termination requirements.

Layoff

A layoff may be necessary due to changes in the Agency work program for the following reasons:

  • Reduced financial resources
  • Elimination of positions
  • Need to employ staff with different qualifications

To the extent possible, the Executive Director will give layoff notices 30 days prior to the effective date.

Termination for Cause

The Executive Director may determine that the best interests of Boston Region MPO require that employees be relieved of their duties immediately as a result of unacceptable behavior or performance. Reasons for termination for cause include, but are not limited to:

  • Insubordination that includes, but is not limited to, refusing to follow the orders of a superior or being rude to a superior, policy representative, or the general public, etc., without extenuating circumstances.
  • Unsatisfactory performance of duties, such as inadequate work or work habits, uncooperativeness, or poor attitude.
  • Falsification of information given in personnel record of application for employment.
  • Absence from work without, or beyond, authorized leave, habitual tardiness, or neglect of responsibilities.
  • Failure to comply with any of the personal conduct standards.
  • In the opinion of the Executive Director, further employment may cause harm to the effective operation of the Agency.
  • In the opinion of the Executive Director, termination is in the best interest of the Boston Region MPO.

The termination of an employee may be for any reason listed above or for any reason whether listed or not. The decision of the Executive Director shall be final. No notice or hearing is required before terminating an employee.

References and Personnel Records

References

All requests for references on present or past Boston Region MPO employees should be referred to the Finance and Operations group who will record and file the date, name, address, and telephone number of the individual and company requesting the reference.

In order for a reference request to be fulfilled, the following requirements must be met:

  • a written request from the person seeking the reference or a written release from the subject of the request
  • approval by the Executive Director

Verifications

The Finance and Operations group may release only the individual’s dates of association with Boston Region MPO, the position title, and verification or non-verification of the salary amount as stated on the release form.

Personnel Records

Content

A centralized personnel file is kept for each employee. Such files include applications, reports, and records pertinent to an employee’s employment. All performance evaluations and medical-related information are kept separately.  To ensure the uniformity and confidentiality of employee personnel files, the content of and access to files is limited and controlled by the Finance and Operations group.

It is the policy of Boston Region MPO that all employees comply with the laws governing public and confidential information. No employee will knowingly or willingly release confidential personnel information, nor will employees refuse to provide public information.

The Director of Finance and Operations or his/her designee will determine whether a report or record is placed in the employee’s personnel file, except for information submitted by the employee him/herself in rebuttal.

Removal

Once inserted into an employee’s personnel file, documents may only be removed if there is a clear and compelling reason to do so. The employee must make such requests. The employee should forward a request to the Finance and Operations group who in turn shall forward the request and a letter of support or denial to the Executive Director.  The Executive Director will make a determination as to whether or not the material in question should be removed from the employee’s personnel file.

Location and Security

Employee personnel files will be maintained in the Boston Region MPO offices under the supervision of the Director of Finance and Operations, or his/ her designee, who will be responsible for their safety and security. It is the responsibility of the employee’s manager to forward all relevant documents to the Finance and Operations group for inclusion in the official file.

Access

Authorized employees may respond to written requests for verification of employment from banks, mortgage companies, credit card agents, etc., by providing basic public information such as length of service and salary rate. Employees who want the Agency to answer requests for information other than employment verification, even that which is a matter of public record, should refer such requests to the Director of Finance and Operations or his/her designee.

Pursuant to Massachusetts General Laws Chapter 149, Section 52C, as amended, an employee, upon written request, may review, add rebuttal to a particular document, or be provided with a copy of all or part of his/her personnel file. A current or former employee of the Agency may also review and/or receive a copy of his or her own personnel records by making a request in writing.

Other individuals with authorized access to employee personnel files include: the Executive Director, the appropriate Director, the Director of Finance and Operations and his/her designee; attorneys of the employee who have written authorization from the employee; the department manager who supervises the employee; and third parties in response to a court order.

A subpoena or court order requires the appearance of the named individual, such as the keeper of records, and may also require those individuals to bring to a court appearance certain employee records that they have in their possession. Any employee who receives a subpoena or court order requiring personnel or payroll information must contact the Director of Finance and Operations immediately. The Agency will only release confidential personnel information in response to a court order. The employee will be notified by the Finance and Operations group in the event that confidential employee data is released in response to a court order.

Political Activity Policy

Boston Region MPO employees are subject to Massachusetts General Law, Chapter 50, the Campaign Finance Law, as amended, and may also be subject to the Federal Hatch Act.

Massachusetts Office of Campaign and Political Finance (OCPF)

All Massachusetts public employees are restricted from participating in certain political activity, according to the Commonwealth’s Campaign Finance Law. For example, Boston Region MPO employees may not work, or be assigned to work, for or on behalf of a political candidate or activity, or participate in other political activity during work hours. Such activity includes, but is not limited to, lobbying, collecting funds, making speeches, assisting at meetings, doorbell ringing, or distributing political pamphlets. Furthermore, Boston Region MPO employees shall not use Agency property or equipment for political activities at any time.

Boston Region MPO employees are also restricted from participating in any form of fundraising for a political candidate or activity at any time, even on their own time outside of work hours. Read a letter from the Commonwealth’s Office of Campaign & Political Finance.

Federal Hatch Act

The Federal Hatch Act restricts the activity of certain state and local government employees who work in connection with programs financed in whole or in part by federal loans or grants.

For example, these state or local employees may not:

  • Be a candidate for public office in a partisan election
  • Use official authority or influence for the purpose of interfering with or affecting the results of an election or nomination for office
  • Directly or indirectly coerce contributions from subordinates in support of a political party or candidate

However, these state or local employees may:

  • Be a candidate for public office in a nonpartisan election
  • Campaign for and hold elective office in political clubs and organizations
  • Actively campaign for candidates for public office in partisan and nonpartisan elections
  • Contribute money to political organizations or attend political fundraising functions

Questions or concerns about a specific incident or activity should be referred to the Agency’s Counsel or the Director of Finance and Operations.

Information Technology Resources Acceptable Use Policy

This document formalizes the policy for MAPC and Boston Region MPO employees (temporary, permanent, intern or Fellow) for the use of information technology resources (ITR). ITRs include but are not limited to computers (laptops or PCs), printers, monitors, hot spots and other peripherals, programs, data, and the internet. This policy applies whether an employee works remotely or within the workplace. Use of ITRs by any employee shall constitute acceptance of the terms of this policy.

It is the responsibility of any employee using ITRs to read, understand, and follow this policy. In addition, employees are expected to exercise reasonable judgment in interpreting this policy and in making decisions about the use of ITRs. Employees who have questions regarding the application or meaning of this policy should seek clarification from the Boston Region MPO computer resources team via [email protected]. Failure to observe this policy may subject individuals to disciplinary action, including termination of employment.

Unacceptable Uses

It is unacceptable for any person to use ITRs

  • in furtherance of any illegal act, including violation of any criminal or civil laws or regulations, whether state or federal;
  • for any political purpose;
  • for any commercial purpose;
  • to send threatening or harassing messages, whether sexual or otherwise;
  • to access or share sexually explicit, obscene, or otherwise inappropriate materials;
  • to infringe any intellectual property rights;
  • to gain, or attempt to gain, unauthorized access to any computer, network, or platform;
  • to grant, or attempt to grant, unauthorized access to any computer, network, or platform;
  • for any use that causes interference with or disruption of network employees and resources, including propagation of computer viruses or other harmful programs;
  • to intercept communications intended for other persons;
  • to misrepresent either the Agency or a person's role at the Agency;
  • to distribute chain letters;
  • to access online gambling sites; or
  • to libel or otherwise defame any person.

Computer programs are valuable intellectual property. Software publishers can be extremely aggressive in protecting their property rights from infringement. In addition to software, legal protections can also exist for any information published on the internet, such as the text and graphics on a web site. As such, it is important that staff respect the rights of intellectual property owners. Employees should exercise care and judgment when copying or distributing computer programs or information that could reasonably be expected to be copyrighted.

Computer Viruses and Ransomware

Employees should exercise reasonable precautions in order to prevent the introduction of a computer virus or ransomware. If an employee has reason to believe their ITR has been compromised by a computer virus, they must immediately inform the Boston Region MPO computer resources team via [email protected].

No Expectation of Privacy

ITRs are the property of MAPC and Boston Region MPO and they are to be used in conformity with this policy. MAPC and Boston Region MPO retain oversight, supervision, and control to ensure the efficient and proper operation of ITRs. MAPC and Boston Region MPO will, as they deem necessary and reasonable, exercise the right to inspect any employee’s computer, any data contained in it, and any data sent or received by that computer. Employees should be aware that network administrators, in order to ensure proper network operations, routinely monitor and back up network traffic. Use of ITRs constitutes express consent for MAPC and Boston Region MPO to monitor and/or inspect any data that employees create or receive, any messages they send or receive, and any websites that they access. MAPC and Boston Region MPO retain the right at all times to immediately terminate access to an ITR if it is suspected that it is being used inappropriately and in contravention of this policy.

Public Records and Record Retention

As employees of a public entity, employee work product, computer history, and drafts of documents or final documents are all subject to the Massachusetts Public Records Law and records retention requirements. As such, employees may not delete or destroy any document, email, written communication or wipe a computer history. Communications that are merely informal meeting requests or “chit chat” do not need to be retained. Employees should contact the MAPC General Counsel with any questions about compliance with these statutes at [email protected].

Limited Personal Use

Employees are responsible for exercising good judgment regarding the reasonableness of ITRs for their personal use. Employees may use ITRs and the internet for limited personal use on their personal time (before and after work, during lunch, and other breaks). Employees may not allow anyone else, including family members, to access or use ITRs. Employees should not record videos, make voice recordings or take pictures of any person without that person's express consent.

Employees should have no expectation that their personal use of ITRs is protected from access, audit, or review. Employees are cautioned against using ITRs to store personal, medical, or financial information. Neither MAPC nor Boston Region MPO shall be liable to any employee for the loss or theft of any personally identifiable information stored by an employee on their ITR.

Loss or Damage

Employees may be financially responsible for the loss or damage to ITRs within their possession (reasonable wear and tear excepted). MAPC and Boston Region MPO retain the right to seek reasonable cost reimbursement from an employee for lost or damaged property that is due to the employee’s failure to reasonably secure and maintain their ITRs. Lost or damaged ITRs must be reported to the computer resources team via [email protected].

Disciplinary Activities

Generally, the agency applies discipline progressively as follows:

  • Verbal reprimand
  • Written reprimand
  • Probation
  • Suspension
  • Termination

However, based on the nature of the offense, the Executive Director may choose to apply any of these or other appropriate disciplinary measures at any time, for any reason, and with or without a hearing. Supervisors have the authority to apply verbal and written reprimands as necessary. The Executive Director must approve probation, suspension, and termination actions.