SECTION 46C. Management pay plan

(1) The following shall be the salary schedule for the management pay plan of the commonwealth:

Except as otherwise provided by law all management positions shall be classified according to the provisions of section forty-five and allocated to a job group in the above schedule; provided, however, that such schedule shall not apply to salaries payable to employees who are represented by an employee organization certified by the labor relations commission or recognized by a public employer as an exclusive representative under the provisions of section four of chapter one hundred and fifty E; nor to salaries payable to employees holding offices or positions which are allocated to the salary schedule appearing in paragraph (1) of section forty-six of chapter thirty.

(2) The increment step provided in the management salary schedule shall be computed in the manner and granted under the following conditions.

Except as otherwise provided by this section, after a person has been initially allocated to the above management salary schedule, he must render a minimum of one year of service in the step-in-range of the job group to which his office or position has been allocated before he can be moved into the next higher step-in-range of the same job group; provided, however, that when computing the date when salary increments shall become available after the initial allocation to a step-in-range, subsequent steps shall be available annually on the anniversary of the effective date of assignment to a rate within a salary grade in the salary schedule in effect for his position immediately prior to June twenty-eighth, nineteen hundred and eighty-one; and, provided, further, that in the event a person has already served a period in excess of twelve months in step-in-range in the salary schedule in effect prior to said date, the increment step to the next step-in-range shall be due immediately upon assignment to a step-in-range on said date.

For the purposes of salary increments provided for in the management salary schedule, a year of service shall be a period of fifty-two weeks of work. When approved, increments shall commence on the first day of the payroll period in which such increments fall; provided, however, that if a manager is off a payroll for one or more days, such increment shall be postponed in accordance with the rules and regulations of the division of personnel administration. Notwithstanding the contrary provisions of a rule or law, the service of a manager of the commonwealth, who has been elected to a state office and who is on leave of absence while performing the duties of such elected office, shall be considered as service for salary increments in the job group from which he receives a leave of absence.

(3) Every annual step-rate increase in the salary of any manager of the commonwealth under the management salary schedule set forth in this section shall be initiated by the division of personnel administration, in accordance with said schedule. Notice of the availability of such step-rate salary increase for each manager shall be sent to the appointing authority concerned at least sixty days before such step-rate salary increase would become effective. The said appointing authority shall, in writing to the personnel administrator not later than thirty days before such effective date, certify that upon the basis of the standard performance evaluation system prescribed by the personnel administrator the said manager should be granted such step-rate salary increase. The personnel administrator shall then certify such step-rate salary increases to the comptroller.

In the event that the appointing authority does not certify that based upon the said standard performance evaluation the manager should receive such step-rate salary increase, he shall, thirty days before the effective date of such step-rate salary increase, notify the said manager and the personnel administrator in writing, stating the reasons why he has not certified that the step-rate salary increase should be granted.

If a step-rate salary increase is denied a manager, under the provisions of this section, he may request a hearing before the appointing authority within five days of the notification of such denial and the appointing authority shall grant such hearing within fifteen days of the request for said hearing.

In the event that a step-rate salary increase has been denied a manager by an appointing authority, the said appointing authority may subsequently recommend that such denial be removed and certify that such step-rate salary increase should be granted on the original effective date or on some later date. Upon such recommendation and certification by the appointing authority, the personnel administrator shall then certify such step-rate salary increase for the said manager to the comptroller and the step-rate salary increase shall become effective upon the date prescribed by the appointing authority.

The said recommendations and reasons of the said appointing authority shall be open to public inspection in the files of the division of personnel administration.

(4) In addition to the annual step-rate salary increase available under the provisions of paragraphs (2) and (3) of this section, a manager may receive an additional step-rate salary increase upon the completion of a program of management training courses as determined by the personnel administrator under the provisions of section twenty-eight A of chapter seven.

(5) In accordance with the provisions of this section and with regulations established by the personnel administrator with the approval of the commissioner of administration, an appointing authority may, in the initial appointment of a person to a position allocated to the management salary schedule, recruit such person at a rate above the minimum and within the salary range for the job group to which the position is allocated.

The daily rates of all managers shall be computed on the basis of their assigned job groups.

For the appointment of a person to a position allocated to job group M–IX, M–X, M–XI, or M–XII in the management salary schedule, the appointing authority may, with the approval of the commissioner of administration, recruit such person at any rate within the salary range for the job group to which the position is allocated.

For the initial appointment of a person to a position allocated to job groups M–I through M–VIII, inclusive, in the management salary schedule, the appointing authority may recruit such person at a rate above the minimum and within the salary range for the job group to which the position is allocated if the personnel administrator, with the approval of the commissioner of administration, shall have first determined that an emergency exists due to inability to fill positions or if the said personnel administrator, with the approval of the commissioner of administration, shall have first determined that the person to be employed has served satisfactorily in a comparable position for a period of time equivalent to the period required in the management salary schedule had such service been entirely in the service of the commonwealth. In the case of a position with any department, agency, board, commission or institution within any of the executive offices established by chapters six A and seven, such appointment shall have the prior written approval of the secretary having charge of such executive office.

Whenever the personnel administrator shall have determined, as provided above, that an emergency exists due to inability to fill positions, any permit to recruit persons at rates above the minimum shall remain in effect until rescinded by the said personnel administrator, but shall not be in effect longer than one year unless renewed by the said administrator in like manner and with like approval. Whenever the said personnel administrator shall permit such recruitment, all managers in the position being paid at a rate or rates below such rate of recruitment shall be advanced to said recruitment rates.

With the exception of appointments to positions allocated to job groups M–IX, M–X, M–XI, and M–XII in the management salary schedule, no person may be recruited under this section if he has held a personal services contract with or been in the service of the commonwealth within a twelve-month period immediately prior to the date of the proposed recruitment.

(5A) The said administrator shall submit, in writing, to the budget director and the house and senate committees on ways and means a list of positions the incumbents of which have been designated as public health officers in accordance with the provisions of section eight of chapter seventeen. The salaries of such positions shall be determined annually by the commissioner of administration on or before June first after recommendation by the personnel administrator, who shall make such recommendation annually on or before May first after having conducted an analysis of salaries for the same or similar types of positions paid by other governments and by private employers with which the commonwealth must compete in securing qualified applicants for such positions. The maximum shall not exceed one hundred and twenty-five per cent of the salary rate set forth at each step-in-range of the management job group to which the positions are allocated in section forty-six C of chapter thirty.

(6) When in accordance with sections forty-five to fifty, inclusive, the position of any manager shall be initially allocated to a job group in the salary schedule, or shall be reallocated to a higher job group, or when in accordance with the said sections any manager shall be transferred or promoted to another position in a different job group, any such manager, for subsequent step-rate increases, shall be credited with the number of years of service which shall correspond to his rate in the job group for such office or position. Any manager reinstated or reemployed, if reinstated or reemployed within three years following his separation from the payroll, shall be credited with the number of years of service which shall correspond to his rate in the job group to which his position at the time of such separation shall then have been allocated; but in no event shall he be paid at a rate lower than that which he shall have been receiving at the time of such separation. Such credit for any manager reinstated or reemployed after three or more years following such separation shall be determined in accordance with rules of the personnel administrator.

(7) Whenever a manager receives a promotion to a position in a higher job group, his rate shall be the next higher rate in said higher job group, or the second next higher rate therein if such new salary rate would result in an increase of salary smaller in amount than the salary increment for such higher job group; provided, however, that if a teacher or supervisor employed in any school or college within any department of the commonwealth is transferred from a position, in which the regular service is rendered from September first to June thirtieth, to a position in which the regular service is rendered for the entire year, he shall be reallocated in the salary schedule from the rate in the salary schedule in effect immediately prior to such transfer to the corresponding step-in-range in the job group which includes the class to which he has been transferred.

(8) A manager who is demoted to a position in a lower job group shall receive the salary to which his period of service would entitle him if his service had been rendered in such position in the lower job group, but not less than the manager would have been entitled to had his service been continuously in such position in the lower job group.

(9) No increase in salary shall be effective for any position before the effective date of the appropriation act which includes an appropriation made for the purpose of, and sufficient to cover, the cost of such increase.

(10) Rates of compensation in the salary schedule are for work hours as provided in section thirty A of chapter one hundred and forty-nine or as otherwise provided by law.

(11) A manager serving on a part-time basis as certified by the appointing authority shall be entitled to the provisions of this chapter in the proportion that his service bears to full time service.