Southborough personnel board backs striking Section 18 of SAP, agrees to move plan into town code

The Town of Southborough Personnel Board voted 3-0 on March 10, 2025, to support deleting Section 18 of the town's Salary Administration Plan (SAP) and to remove a line in chapter 31 of the town code that directed readers to a separately filed SAP. The board also agreed to move the SAP text back into the town code so it is easier for the public to locate.

Officials said the change is intended to improve public access to the SAP and does not alter the substantive content of the plan. Attorney Kate Federoff advised the board that Massachusetts law gives town meeting broad authority to amend bylaws and that a personnel bylaw limiting town-meeting amendments could be inconsistent with state law.

"I think to remove that provision is reasonable and it comports with the law," Attorney Kate Federoff said. She added that, under state law governing town meetings, residents may bring amendments from the floor and that the town's personnel bylaw restricting that practice risks being preempted. "I would argue that it could," Federoff said when asked whether a resident could amend pay ranges at town meeting.

Federoff cautioned that amendments made from the floor can have unintended consequences and recommended that residents be encouraged — though not required — to coordinate proposed changes with the personnel board before town meeting. "I think that kind of warning is a good one," she said, citing the risk of noncompliance with employment laws if an amendment were adopted without proper review.

Board members and staff explained the practical reasons for placing the SAP in the town code. The town clerk had proposed consolidating the SAP into the code because the plan had been maintained separately for administrative convenience; moving the plan into the code would make it easier for residents to find without changing amendment procedures.

The board also approved a town-meeting handout summarizing the proposed SAP changes and voted to support warrant language for a fiscal 2026 salary study, which the select board indicated it would fund from free cash. Those votes were unanimous.

Roll-call votes recorded at the meeting show John (Personnel Board member) voting "aye," Tom (Personnel Board member) voting "aye," and Jason (Personnel Board member) voting "aye" on the motions to support deletion of Section 18 and the related chapter 31 line. The board recorded the same 3-0 tally when it approved the town-meeting handout and the warrant language for the salary study.

Board members said the personnel board and town staff will provide a public recommendation encouraging residents to bring proposed SAP amendments to the personnel board in advance of town meeting so legal and internal-pay-equity issues can be vetted. If town meeting approves an amendment submitted from the floor, the change would take effect according to town meeting's vote and applicable statutes.

Background: Federoff noted that personnel bylaws historically are not reviewed by the attorney general's office in the same way other bylaws are, and that the town's current personnel bylaw language appears to limit participation at town meeting in a way that could conflict with Chapter 39 of the Massachusetts General Laws, which governs town meeting procedure. Board members said they will coordinate with the town clerk and counsel on final warrant language and the handout text ahead of the April annual town meeting.

What happened next

The board moved to the next agenda items after approving the SAP-related motions; select-board members and the town clerk had already reviewed or signaled support for parts of the package earlier in March.