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City of Marlborough, MA
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Marlborough as Secs. 12-1 through 12-38 of the 1965 Code (Ch. 32 of the 1986 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 7.
Commission on Disabilities — See Ch. 19, Art. IV.
Retiree Indemnification Review Board — See Ch. 19, Art. VII.
Finance — See Ch. 67.
Fire Department — See Ch. 74.
Nondiscrimination; ADA compliance — See Ch. 116.
Police Department — See Ch. 133.
This chapter may be cited as the "Personnel Chapter of 1963." It is the purpose and policy of this chapter to deal specifically with the problem to promote the stability and exercise of an equitable and systematic compensation structure and thereby to encourage the more effective and productive performance of the City's work.
[Added 8-18-1980 by Ord. No. 20608]
For the purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed them by this section unless the context clearly indicates otherwise:
DPW FOREMANS' UNION, MEMBERS OF THE
All foremen, master mechanics and head pumping station operators or other positions of employment in the Department of Public Works represented by, whether members or not, the Marlborough Foremans' Union, Service Employees' International Union, AFL-CIO, Local 285, as defined in Article I of the current agreement between said Union and the City.
DPW LABORERS' UNION, MEMBERS OF THE
All permanent, full-time employees of the Department of Public Works represented by, whether members or not, the Department of Public Works Employees' Association, Service Employees' International Union, AFL-CIO, Local 285, as defined in Article I of the current agreement between said Union and the City.
IAFF, MEMBERS OF THE
All uniformed, full-time, permanent members of the Marlborough Fire Department who are represented by, whether members or not, Local 1714, International Association of Fire Fighters, AFL-CIO-CLC, as defined in Article I of the current agreement between said Association and the City.
IBPO LOCAL 547, MEMBERS OF THE
All full-time, permanent officers of the Marlborough Police Department above the rank of patrolman but below the rank of Chief, as specifically defined in the Articles of Agreement and Article I of the current agreement between the City and Local 547 of the International Brotherhood of Police Officers, those ranks being Sergeant, Lieutenant and Captain.
IBPO LOCAL 527, MEMBERS OF THE
All full-time patrolmen of the Marlborough Police Department represented by, whether members or not, Local 527 of the International Brotherhood of Police Officers, as defined in Article I of the current agreements between said Brotherhood and the City.
OTHER EMPLOYEES
All permanent, full-time, nonelected employees of the City who are not members of or represented by a collective bargaining unit, who are not under the jurisdiction of the School Committee or Department, who are not employed under the terms of a contract and who are not defined in this section, unless otherwise specifically defined, limited or excepted.
[Added 11-23-1981 by Ord. No. 21689]
A. 
All City departments and all positions in the City service shall be subject to the provisions of this chapter, except the School Committee and positions under its control, for which these provisions shall be solely advisory at the discretion of the School Committee if it so desires to participate, and provided that the compensation of elected officers of the City shall be established by vote of the City Council in accordance to the General Laws of the commonwealth and the City Charter. Nothing in this chapter shall be construed to conflict with any of the City Charter or the General Laws as pertaining to Chapter 31 of the General Laws.
B. 
A regular City employee, who has passed his probationary period and has been employed continuously by the City for at least six months on the job or position he holds when the classification of his job or position is enacted, shall not have his rate of pay on that job or position reduced by this chapter, and the supplementary compensation practices which he has accumulated up to that time shall not be diminished.
C. 
Nothing in this chapter shall be construed to conflict with the provisions of any of the acts of the commonwealth which have been accepted by the City as pertaining to any of its employees, whether they be on the Police Department, Fire Department, Cemetery Department, members of the Department of Public Works, clerical or any other department, which may be affected by acts of the commonwealth accepted by the City.
D. 
There shall be a performance evaluation program initially for nonunion employees and subsequently for employees subject to MGL c. 31, §§ 6A, 6B and 6C. Except as limited by relevant sections of this chapter, the performance evaluation program will be administered pursuant to procedures promulgated by the Human Resources Department and approved by the City Council.
[Added 9-27-1993 by Ord. No. 93-4996-1C; 4-27-2015 by Ord. No. 14/15-1006005H]
E. 
A City Solicitor classified as full-time in the Compensation Schedule of this chapter shall be entitled to the same benefits as "other employees," as defined in § 125-2 of this chapter.
[Added 2-13-2006 by Ord. No. 06-1001044B; amended 3-13-2006 by Ord. No. 06-1001044-1A]
F. 
The Mayor's executive aide shall begin to accrue sick-leave days, vacation days, personal days and the payment, if eligible, for longevity on January 8 of any calendar year. The aide shall be entitled to sick-leave days, vacation days, personal days, and the payment, if eligible, for longevity, or the benefit of financial remuneration for any of the above, accrued during the prior calendar year.
[Added 5-7-2007 by Ord. No. 07-1001397B]
A. 
The title of each class as established by the classification plan shall, except as otherwise provided herein, be the official title of every position allocated to the class and the official title of each incumbent of a position so allocated and shall be used to the exclusion of all others on payrolls, budget estimates and other official records and reports pertaining to the position.
B. 
If in the instance of any position subject to the Civil Service Law a different title for the position shall be established by the Director of Civil Service, such title shall be the official title of the incumbent of such position and shall be used in lieu of the title described in the first paragraph on all payroll budgets, budget estimates and other official records pertaining to the position.
C. 
No person shall be appointed, employed or paid as an employee of the City in any position subject to this classification plan under any title other than a title appearing in such plan or a title approved by civil service, nor shall such a person be employed under a title inappropriate to the classification plan in terms of the duties actually to be performed or being performed in the position, nor shall such a person be appointed, employed or paid without prior notice to the Mayor except in cases of real and genuine emergency.
D. 
Whenever a new position is established or the duties of an existing position are so changed as in effect to create a new position, upon presentation of substantiating data, the City Council shall allocate such new or changed position to its appropriate class. No person shall be classified until the City Council has determined that such reclassification will be consistent with the classification and compensation plan.
[Amended 9-27-1993 by Ord. No. 93-4996-1C; 4-27-2015 by Ord. No. 14/15-1006005H]
A. 
The Human Resources Department shall establish, maintain and amend, as necessary, with the approval of the City Council, written job descriptions for each class of positions as established by the Mayor and City Council. Said written descriptions approved by the City Council shall include the essential character of the duties and responsibilities and the basic qualifications required for each, provided that, for positions established by ordinance, the aforementioned aspects of the description shall reflect the true intention of the ordinance, and provided that, for positions subject to Chapter 31 of the General Laws, the aforementioned aspects of the description shall include the essential nature of the duties of the positions so classified.
B. 
The Human Resources Department shall review each year at least 1/2 of the descriptions of the positions established so that all are reviewed during each two years. The City Council shall review and approve modified descriptions annually before the budget process begins.
[Amended 4-4-2016 by Ord. No. 14/15/16-1006005A-2B]
The current Salary Schedule, which originally appeared in this section in the 1965 Code, is on file in the City offices, where it is available for review by the public during regular business hours.
The first six months of employment shall be a probationary period.[1]
[1]
Editor's Note: Original Secs. 12-7 and 12-8, which originally followed this section in the 1965 Code, were repealed 7-13-1970 by Ord. No. 9690. Original § 32-7, Residency of public employees, added 6-11-1979 by Ord. No. 19178 and amended 8-22-1983 by Ord. No. 23177, was repealed 3-24-1986 by Ord. No. 86-762-A.
[Added 2-13-2006 by Ord. No. 06-1001044B; amended 3-13-2006 by Ord. No. 06-1001044-1A]
The City Solicitor shall be classified as a "full-time" employee, as defined in § 125-16A, and shall enjoy vacation, sick leave, personal days and related benefits, except as restricted by §§ 125-27F and 125-39C of this chapter.
[Added 10-4-1982 by Ord. No. 22434]
A. 
Notwithstanding the provisions of the Marlborough City Code § 125-7, and all other relevant provisions of the Code, any non-term, non-civil service employee shall be entitled to a full hearing, prior to removal, following written notice stating in detail the particulars wherein his or her conduct or capacity or the character or quality of his or her work is not satisfactory.
B. 
A copy of the written notice shall be promptly sent to the Human Resources Director.
[Amended 4-27-2015 by Ord. No. 14/15-1006005H]
C. 
The full hearing as to the specific reason or reasons for such removal shall be given within 10 days of receipt of such notice before the Mayor or, in the case of the office of the City Clerk, before the City Council.
A. 
Except as provided hereinafter, no person shall be employed in any position at any rate other than the minimum rate for the group to which such position has been allocated.
B. 
The City Council, upon the recommendation of the appointing authority and with the approval of the Mayor, may, due to special reasons and exceptional circumstances, allow or permit a person to be hired at a rate greater than the minimum rate prescribed for the particular group by the compensation schedule.
When an employee is promoted, his rate in the higher group shall be the lowest rate which is at least one step rate above his former rate but in no case in excess of the maximum rate for the group.[1]
[1]
Editor's Note: Original Sec. 12-12, Rate upon transfer, which originally followed this section in the 1965 Code, was repealed 11-22-1982 by Ord. No. 22525.
[Added 4-13-1981 by Ord. No. 21228]
A. 
Every applicant for permanent appointive employment by the City eligible for enrollment in the contributory retirement system of the City, excepting elected officials, shall be certified after an examination by a practicing physician designated by the appointing authority as to his or her physical fitness to perform the duties of the position to which such applicant seeks appointment. Said examination shall include, but not be limited to, a complete blood count, urine analysis, electrocardiogram, chest and back X rays, and any other X-ray laboratory procedures deemed necessary by the examining physician to make a proper evaluation that the applicant is fit and capable to perform the duties of the position he or she seeks.
B. 
The applicant shall make available to the examining physician all medical and hospital records which the examining physician deems necessary for an evaluation of the applicant's physical condition. Should the applicant be rejected by the examining physician, he or she may request consultation by another physician within the area of the applicant's rejection.
C. 
Physical and emotional background will be cause of rejection of the applicant if the condition, in the judgment of the examining physician or physicians, could interfere with the proper performance of the duties of the position sought by the applicant.
D. 
If the appointing authority deems that a medical examination is necessary for the protection of the City, he or she may require any applicant for temporary appointive employment by the City for a period of 30 days or more, or who has been temporarily employed by the City for 30 days and has not been certified, to be certified by a physician designated by the appointing authority as to his or her fitness to do the work required by the City.
E. 
The cost of any physical examination required by this section shall be paid for by the City.
[1]
Editor's Note: Original Sec. 12-13, which originally appeared in this section, was repealed 5-1-1967 by Ord. No. 7404.
A. 
Before any person shall be appointed, transferred or promoted to any position in the City service, the appointing authority shall notify civil service in such form as it may require of his intent to appoint, transfer or promote such person.
B. 
Except for emergency employees who have been approved by civil service and when not in conflict with the laws of the Commonwealth, no employment in or transfer to or promotion to a paid appointive position in the City shall take effect until the same has been approved by the City Council in compliance with the City Charter as being in compliance with the requirements of the classification plan, compensation plan and other provisions of this chapter.
C. 
No employment or promotion hereunder shall become effective until such time as the appropriations or other moneys out of which the compensation is to be paid shall be adequate.
[Added 8-6-1973 by Ord. No. 12740]
Where a position with the City government is to be filled and a civil service examination is to be held regarding the filling of such position, the department head or appointing authority over such position shall prepare and publish in a front-page ad in no less than two newspapers of general circulation within the City, once a week for two consecutive weeks prior to the final date for submission of application to the civil service, such notice to advertise the position and describe the title, job specifications and salary.
[Amended 11-23-1981 by Ord. No. 21690]
The several departments of the City shall schedule their duty hours according to the following standards, which shall constitute the normal workweek in each case.
A. 
General government. All offices of general government shall be open in conformance with schedules to be determined from time to time by the Mayor, with individual employees of each department classified as "other employees" as defined in § 125-2 of this chapter working at least 35 hours per week. Except where mandated by state statutes, no department shall be open during hours other than those established by the Mayor. No department shall be closed during hours so established, except with the express written permission of the Mayor, except that a department head may close an office or department for reasons of genuine emergency that affect the health or safety of the employees or public.
B. 
Department of Public Works and Cemetery Department. All employees who are not members of or represented by either the DPW Laborers' Union or the DPW Foremans' Union shall be subject to Subsection A of this section. All members of the DPW Laborers' Union and DPW Foremans' Union shall work those hours established by title or position in the most current agreement between said unions and the City, except that said hours may be altered by mutual agreement between said unions and the Mayor.
C. 
Police Department. All employees who are not members of or represented by either IBPO Local 527 or IBPO Local 547 shall be subject to Subsection A of this section. All members of IBPO Local 527 and IBPO Local 547 shall work 37.5 hours per week in accordance with the four-days-on-two-days-off schedule, regular starting and quitting times to be determined by the Chief of Police with the approval of the Mayor.
D. 
Fire Department. All employees who are not members of or represented by the IAFF shall be subject to Subsection A of this section. Members of the IAFF shall work an average of 42 hours per week in accordance with MGL c. 48, § 58D. Tours of duty for the same shall be day tours of 10 hours, each commencing at 8:00 a.m., and night tours of 14 hours, each commencing at 6:00 p.m., arranged in a work schedule of two day tours followed by two night tours followed by four days off.
E. 
Miscellaneous provisions.
(1) 
Nothing in this section shall alter work schedules mandated by the General Laws of the commonwealth, as amended.
(2) 
Any office with which the public finds it convenient to transact business during lunch hour shall arrange, when possible, to remain open during such periods.
(3) 
Any employee not covered by any subsection of this section or any department that illustrates a demonstrable need to work a weekly schedule other than those covered by this section may, with the approval of the Mayor, work such other hours or other schedule. Department heads, employees serving as directors or superintendents under boards, authorities or commissions, assistant department heads, General Foreman in the Department of Public Works, professional employees and other employees considered executive and/or administrative in nature shall work such hours as determined by their immediate supervisors, according to the needs of the department.
A. 
An employee who is regularly scheduled for a full normal workweek is defined as a "full-time employee."
B. 
An employee who is regularly scheduled for a lesser number of hours, including any employee who works all the scheduled hours of a department which operates a total number of hours which is less than the appropriate standard set forth above, is a "part-time employee."
[Amended 10-2-1972 by Ord. No. 11846; 4-30-1973 by Ord. No. 12476; 8-12-1974 by Ord. No. 13835; 9-18-1978 by Ord. No. 18392; 8-18-1980 by Ord. No. 20610]
A. 
Police Department.
(1) 
Members of the IBPO Local 527 and IBPO Local 547 shall be paid overtime in accordance with the following provisions: all assigned, authorized or approved service outside or out of turn of a member's regularly scheduled tour of duty or shift (other than paying police details), including service on an employee's day off or during his vacation and service performed prior to the scheduled starting time for his regular tour of duty and service performed subsequent to the scheduled time for conclusion of his regular tour of duty or shift, shall be deemed overtime service and paid as such, except that overtime service shall not include an out-of-turn work shift or tour of duty which is substituted for a regularly scheduled work shift or tour of duty at the request of a fellow member, subject to Department approval, or swapped tours of duty or work shifts between individual members by their mutual agreement, subject to Department approval. Said overtime pay shall be remitted weekly, shall be in addition to and not in lieu of vacation pay and shall be time and a half of an employee's straight-time hourly rate, which shall be computed as 1/37.5 of an employee's regular weekly compensation. Employees may be required to accept compensatory time off in lieu of monetary compensation for overtime service, said time to be computed at the rate of 1 1/2 hours off for each hour of overtime worked.
(2) 
Members of the IBPO Local 527 and IBPO Local 547 shall be guaranteed a minimum of four hours of overtime recall pay if recalled to police headquarters or to any other place and report thereat. Said recall overtime pay shall be guaranteed if a member is recalled after leaving his last place of employment or last duty assignment after having completed work on his regular work shift or tour of duty or assigned shift or tour.
(3) 
Members of the IBPO Local 527 and IBPO Local 547 shall be paid overtime pay for required appearances in court during off-duty hours. Members of IBPO Local 527 shall be guaranteed a minimum of three hours for each court appearance. Members of IBPO Local 547 shall be guaranteed a minimum of three hours for each such court appearance. Witness fees shall be subtracted in all cases.
B. 
Public Works Department and Cemetery Department.
(1) 
Members of the DPW Laborers' Union shall be paid at the rate of time and a half for all work performed in addition to their regularly scheduled eight hours in one day.
(2) 
Members described in Subsection B(1) of this section who complete a regular workday, leave their place of employment and are called back to perform additional work shall receive a minimum of two hours' pay at time and a half.
(3) 
Regularly scheduled daily hours of work, as agreed to for members of the DPW Laborers' Union in an agreement between said union and the City, shall not be changed for the sole purpose of eliminating the payment of overtime.
(4) 
Members of the DPW Foremans' Union shall work overtime whenever requested to do so without receiving additional pay for any overtime work.
C. 
Fire Department. Members of the IAFF shall receive overtime pay equal to time and a half of the employee's hourly rate of pay, according to the following provisions:
(1) 
For any work exceeding an employee's regular tour of duty, said employees shall receive overtime compensation for the hours actually worked.
(2) 
For employees who are off duty and respond to a box alarm, there shall be a minimum of two hours' overtime pay for such responses between the hours of 12:00 midnight and 8:00 a.m. and a minimum of one hour for responses between the hours of 8:00 a.m. and 12:00 a.m. Hours worked beyond the minimums so referenced shall be paid at the overtime rate to the next 1/2 hour.
(3) 
Employees called back to duty shall be compensated for at least four hours, in the event that the overtime actually worked is less than four hours but remain on duty for four hours.
D. 
Limitations. Employees listed in Subsection B(4) of this section; department heads; assistant department heads; Assistant Chiefs in the Fire Department; all employees of the office of the Mayor, Legal Department, Office of Cultural Affairs, Department of Elderly Affairs and Recreation Department; general foreman; foreman; master mechanic heads; the City Engineer; the chief sewage treatment plant operator, east; the chief sewage treatment plant operator, west; the Assistant City Engineer; chemist; sewage treatment plant operators; Grade III Inspectors; sewage treatment plant chief of maintenance and pumping station operators in the Department of Public Works; employees serving as directors, superintendents or principal administrative officers under authorities, boards or commissions, and professional employees shall not be compensated for overtime.
[Amended 11-23-1981 by Ord. No. 21692; 2-8-1982 by Ord. No. 21878; 8-13-1984 by Ord. No. 24138; 7-24-2017 by Ord. No. 17-1006795C-2]
E. 
Other employees, except those listed in Subsection D of this section, shall receive compensatory time off at the rate of 1 1/2 hours for each hour of overtime worked, except that such employees may be compensated for such overtime at 1 1/2 times their regular hourly rate of compensation if, in the judgment of the department head and with the approval of the Mayor, it would be impractical to grant said compensatory time. Each department head granting said time or requesting overtime payments shall keep records of overtime worked by each employee. Any overtime paid under this subsection shall be subject to the availability of appropriated funds.
[Added 11-23-1981 by Ord. No. 21691]
[Amended 8-18-1980 by Ord. No. 20611; 11-23-1981 by Ord. No. 21693]
A. 
General provisions.
(1) 
All other employees shall receive annual vacation time in accordance with the following schedule:
(a) 
Less than one year of service: one day per completed month not to exceed 10 days in the calendar year.
(b) 
Up to five years of service: 10 days.
(c) 
Between five and 10 years of service: 15 days.
(d) 
Between 10 and 15 years of service: 20 days.
(e) 
Fifteen or more years of service: 25 days.
(2) 
Years of service for the purpose of this section shall be computed in the same manner as prescribed in § 125-39 of this chapter. Vacation time allowed under this section must be used in the calendar year accrued, except where prior written permission is obtained by the employee's department head and the Human Resources Director.
[Amended 4-27-2015 by Ord. No. 14/15-1006005H]
(3) 
At the termination of employment or death, except where termination is by the City for cause, the City shall pay to an eligible employee or his estate an amount in lieu of his unused vacation, provided that no monetary or other allowance has already been made.
B. 
Members of the IAFF with 15 or more years of service shall receive five weeks' vacation. Vacation weeks for all members of the IAFF shall consist of a minimum of four tours of duty.
C. 
Vacation for members of the IBPO Local 527 and IBPO Local 547 shall consist of a seven-day workweek.
[Amended 2-8-1982 by Ord. No. 21879; 2-8-1982 by Ord. No. 21880]
A. 
The following days shall be recognized as holidays on which they are observed:
New Year's Day
Martin Luther King Day
Washington's Birthday
Patriots' Day
Memorial Day observation
Independence Day
Labor Day
Columbus Day celebration
Veterans' Day
Thanksgiving Day
Christmas Day
B. 
For members of the IAFF, holiday pay shall be computed at the employee's hourly rate on the basis of twelve-hour tours, whether the employee works the holiday, is on vacation, injury or sick leave. The holidays listed in Subsection A of this section shall be paid holidays for said members.
C. 
Members of the IBPO Local 527 and IBPO Local 547 who work on a holiday shall, in addition to receiving regular holiday pay, be paid at a rate of time and a half. Members who are not scheduled to work and do not work on a holiday shall receive regular holiday pay. If a member is scheduled to work on a holiday but does not report for duty, said member shall not be paid at the rate of time and a half. If a member is called back, said member shall be paid straight time if the call back occurs on a member's regular day off. The holidays listed in Subsection A of this section shall be paid holidays for said members.
D. 
Members of the DPW Foremans' Union shall receive a day off in lieu of payment for each holiday worked. If a holiday falls within a member's vacation period, said member shall receive an additional vacation day with pay. The holidays listed in Subsection A of this section shall be paid holidays for said members.
E. 
Members of the DPW Laborers' Union who are required to work on a holiday shall be paid at double their regular rate of pay in addition to their regular holiday pay. The holidays listed in Subsection A of this section shall be paid holidays for said members.
F. 
Miscellaneous provisions.
(1) 
All other employees shall be paid a holiday allowance equivalent to one day's straight time for holidays which fall on or are observed on regularly scheduled workdays. Other employees, except those listed in § 125-17D of this chapter and except those listed in Subsections B, C, D and E of this section, who are:
(a) 
Required to work on a holiday which falls on or is observed on a regularly scheduled workday, shall receive an additional day off in lieu of payment for each holiday worked.
(b) 
Required to work on a holiday which falls on or is observed on a day other than a regularly scheduled workday, shall receive straight time or premium pay for the number of hours worked, whichever would be applied were it not a holiday.
(c) 
On vacation when a holiday falls on or is observed on a regularly scheduled workday, shall receive an additional day off in lieu of payment, to be taken at the discretion of the department head.
(2) 
Other employees shall not have their accumulated sick leave charged with an absence for holidays which fall on or are observed during such an absence but shall receive holiday pay in each such instance. Other employees shall not receive compensation for holidays which fall on or are observed during other leaves of absence.
(3) 
Any additional days to be taken in lieu of payment by other employees for holidays as allowed under this section shall be listed as holidays on required personnel reports, and the date of the holiday so referenced shall be noted on the same by the employee's department head.
(4) 
If a conflict exists between this subsection and the General Laws of the commonwealth or an existing contractual obligation with respect to any employee, the latter shall prevail.
A. 
A court leave of absence shall be granted to any City officer or employee who is called to serve upon a jury or is summoned to appear in court as a witness for the City without loss of pay.
B. 
If the jury or witness fees, exclusive of travel allowance, received by such officer or employee shall be less than the regular rate of compensation received by him from the City, the difference between such fees and such regular rate of compensation shall be paid to such officer or employee by the City. If the amount of such fees received by such officer or employee shall exceed the regular rate of compensation received by him from the City, no compensation shall be paid to him by the City for the period of his jury duty or witness duty.
Employees participating in a training program of the National Guard or other military reserve organization shall be granted leave and compensation in accordance with § 54 of Chapter 425 of the Acts of the General Court for the year 1939.
A. 
No charge is made against leave of absence in certain instances, such as follows:
(1) 
Taking part in official training programs.
(2) 
Promotional examinations held for employees of the City.
(3) 
Blood donations, up to four hours.
(4) 
Registration under the draft for the time needed to register and in no case more than four hours.
B. 
Other provisions.
[Added 8-18-1980 by Ord. No. 20612]
(1) 
Members of IAFF.
(a) 
For members of the IAFF, time off for two union members per tour without pay or benefit loss and without required makeup time pursuant to the following annual schedule:
[1] 
Attendance at state convention of IAFF, 10 man days, odd-numbered years.
[2] 
Attendance at international convention of IAFF, 10 man days, even-numbered years.
[3] 
Attendance at monthly meetings of state association, 18 man days each year.
[4] 
Attendance at educational seminars, 10 man days each year.
(b) 
Said members shall provide the Fire Department with seven days' notice of the taking of the foregoing days off.
(2) 
For members of the IAFF, IBPO Local 527, IBPO Local 547, DPW Laborers' Union and DPW Foremans' Union, such time as specifically detailed for members of the bargaining committees, grievance committees or union officers as set forth in the current and successor agreements between the City and said unions and/or associations.
(3) 
For members of the DPW Laborers' Union, DPW Foremans' Union and IBPO Local 547, two days per year for personal business subject to the schedules and constraints of the applicable section of the current and successor agreements between the City and said unions and/or associations.
(4) 
For members of the IAFF, three days per year for personal business subject to the constraints and schedules of the applicable section of the current and successor agreements between the City and said union.
(5) 
For members of the IAFF, up to three days may be granted in the event that illness or injury of a member of such employee's immediate household requires the presence of such employee. A new employee shall adhere to the following hire-date entitlement schedule:
(a) 
Hired between January and April: three days.
(b) 
Hired between May and August: two days.
(c) 
Hired between September and December: one day.
(6) 
For members of the IBPO Local 527 and IBPO Local 547, four days per year for personal business subject to the constraints and schedules of the applicable section of the current and successor agreements between said unions and the City.
(7) 
Effective July 1, 1988, all other employees shall be entitled to six days per year for the conduct of personal business. An employee shall give three days' notice, except in cases of emergency, to his department head or authorized designee. The benefits described in this section shall not carry any monetary value upon termination, nor shall any portion thereof be carried forth to the next or any future calendar year. New employees shall adhere to the following hire-date entitlement schedule:
[Amended 11-23-1981 by Ord. No. 21694; 2-22-1988 by Ord. No. 88-2046A]
(a) 
January 1 through April 30: six days.
(b) 
May 1 through August 31: four days.
(c) 
September 1 through December 31: two days.
If an employee's absence is not excused or approved, one or more of the following actions may be taken depending on the circumstances in each case:
A. 
A deduction may be made from accumulated vacation-leave credits.
B. 
The employee's pay may be stopped for the period of absence and a letter of warning sent.
C. 
The employee may be discharged.
[Amended 6-21-1993 by Ord. No. 93-5019A]
The City shall provide workers' compensation as defined under Massachusetts General Laws Chapter 152 and as amended by Chapter 398 of the Acts of 1991.
A. 
Sick leave will mean authorized absence from work because of personal illness or injury not incurred in the performance of duty.
B. 
All persons regularly employed by the City except Police Department; Department of Public Works, who are members of the DPW Laborers' Union; Fire Department and School Department employees will be entitled to sick leave aggregating not more than 15 working days in any calendar year and shall receive sick-leave benefits only as provided under this chapter.
[Amended 8-18-1980 by Ord. No. 20613]
C. 
Sick-leave allowance will be based on the period of the employee's service with the City. In the event that any employee who is subject to the provisions of this section shall not have been granted permission to be absent without loss of salary for the total number of days permitted herein in any calendar year, that part unused in any such calendar year shall be cumulative for succeeding years to be used as provided in § 125-27. In the case of those employees not previously provided for in this chapter for sick-leave benefits, which have been received by the employee prior to January 7, 1957, will be deducted from the calculated accumulation of sick leave of the employee.
D. 
Temporary employees whose employment extends beyond 30 weeks' continuous period will be considered regular employees and entitled to sick-leave benefits as defined above.
A. 
Sick leave will accrue at the rate of 1 1/4 days per month and will be credited on the first day of each month.
B. 
No sick leave will be allowed in the first month of service. Credit will be deposited on the first day of the month following the month in which employment starts.
C. 
No sick-leave credit will be allowed to employees rehired or reinstated after a termination of service (other than approved leave of absence) for prior employment.
D. 
All payments made for sick leave will be so entered on the payroll.
E. 
Sick leave will not accrue to an employee when absent from work (whether such absence is with or without pay) when such absence is over one calendar month.
[Amended 4-30-1973 by Ord. No. 12478; 4-30-1973 by Ord. No. 12480]
A. 
For absence of three days or longer chargeable to sick leave or for repeated absences of short duration, a statement from the employee's physician shall be required. Such statement shall give the nature of the illness and the expected duration thereof. Subsequent certificates from the employee's physician may be required thereafter at the discretion of the department head or Mayor, and for absence which shall be longer than one week, the department head or Mayor may require the employee to be examined by the City Physician or a physician selected by the City for that purpose.
B. 
Sick leave will not be allowed unless notification is given of the illness, by the employee, his family or his physician, on the first day of the absence, or until notification is received by the employing department.
C. 
Upon the termination of employment of a nonunion employee, except where the termination is by the City for cause, or upon the death of a nonunion employee, the City shall pay to said employee or said employee’s beneficiary or estate, whichever is applicable, the value of the employee’s accumulated and unused sick leave, not to exceed the amount of $5,000.
[Amended 11-23-1981 by Ord. No. 21695; 3-21-2016 by Ord. No. 14/15/16-1006005B-2A]
D. 
Payment for unused leave.
[Added 3-12-1990 by Ord. No. 90-3305]
(1) 
All employees, including those represented by contractual agreements pursuant to Chapter 150E of the General Laws, who have completed five years of full-time service or have an adjusted date of seniority equal to five years as of April 1, 1990, may, pursuant to the provisions of this subsection limited to the dates included herein, upon voluntary retirement or voluntary termination, elect to be paid the monetary value of a percentage of unused, accumulated sick leave, including accumulations beyond 90 days, if any, and beyond any other cap or maximum established by a collective bargaining agreement or ordinance, as follows:
[Amended 4-27-2015 by Ord. No. 14/15-1006005H]
(a) 
Seventy percent of the value thereof if the employee actually retires or resigns on or before June 30, 1990, and notifies the employing department head and the Human Resources Director, in writing, of said intention on or before April 16, 1990, or if the position of an employee is abolished before June 30, 1990, to a maximum of $35,000, excluding overtime.
(b) 
Forty percent of the value thereof if the employee retires or resigns on or before December 31, 1990, and notifies the employing department head and the Human Resources Director, in writing, of said intention on or before October 1, 1990, or if the position of an employee is abolished before December 31, 1990, to a maximum of $20,000, excluding overtime.
(2) 
The monetary value of each sick-leave day and the maximum payment will be determined by the rate of compensation on the employee's date of retirement or voluntary resignation. This voluntary benefit is not allowed to the estate of the employees choosing to elect the same, nor is it allowed to those employees terminated from municipal employment for cause, death or other involuntary termination of employment. The benefits of this subsection shall be allowed, subject to appropriation, to all employees who are still on the active payroll as of February 1, 1990, according to their City date of seniority.
(3) 
Any payments made under this section shall reflect the appropriate percentage of the actual number of accumulated unused sick-leave days credited to the employee as of his date of retirement or voluntary resignation. The amount of the maximum payment, if applicable, will be based on the compensation, excluding overtime, for the six months immediately preceding April 1, 1990, or October 1, 1990, whichever is applicable. The benefits of this subsection shall be completely and totally voluntary on the part of any employee and shall cease to exist on the dates noted in Subsection D(1)(a) and (b) above.
(4) 
Participation in this voluntary incentive plan for early termination of employment is fully voluntary on the part of any employee. Once an employee gives written notification of the intention to resign or to retire, however, the notice may not be revoked.
(5) 
The option to participate in this plan shall cease to exist on October 1, 1990. The benefit provided hereunder supersedes the payment of accumulated sick leave under an existing collective bargaining agreement and is in lieu of, not in addition, to such payment.
(6) 
Acceptance of payment of the benefit provided hereunder shall be a full and final determination of the employee's employment rights with the City of Marlborough, and no other benefits or rights shall accrue to the employee. At the time that payment is made and as a condition thereof, the employee shall be required to release the City from any and all claims that the employee might assert in connection with his or her municipal employment.
E. 
The minimum allowance chargeable to sick leave will be 1/2 day.
F. 
All other employees who have accumulated at least 90 sick days may buy back up to 10 days of their annually accrued unused sick leave for the current calendar year at the regular rate payable to each of said employees on December 31 of said year. Payment made under this section shall be made on or before January 31 of the following year for said qualified employee. Payment under this section shall be forfeited upon termination of employment for any cause, including death, except when such termination occurs between January 1 and January 31, in which case payment shall be made for the previous year to said employee, his beneficiary or estate, whichever is applicable. This paragraph shall not apply to "other employees" as defined within this chapter who become employees of the City of Marlborough after July 1, 1992.
[Amended 8-18-1980 by Ord. No. 20613; 11-23-1981 by Ord. No. 21696; 3-2-1987 by Ord. No. 87-1410A; 9-14-1992 by Ord. No. 92-4585A]
G. 
Quarantine by health authorities will be considered personal illness.
H. 
Accumulated sick leave will be granted to qualified employees as follows:
[Amended 8-18-1980 by Ord. No. 20613]
(1) 
Subject to all other provisions of this chapter, except those superseded by the following, an employee may be granted use of his accumulated sick leave up to 90 days thereof.
(2) 
Members of the IBPO Local 527 and IBPO Local 547 shall be allowed to accumulate unlimited sick leave.
(3) 
Members of the IAFF shall be allowed to accumulate up to 120 days of sick leave.
(4) 
Members of the DPW Laborers' Union shall be allowed to accumulate up to 105 days of sick leave.
(5) 
Members of the DPW Foremans' Union shall be allowed to accumulate up to 90 days of sick leave.
I. 
In the event of the death of a member of the IBPO Local 527 or termination, except for cause, 25% of the member's accumulated sick leave, not to exceed 90 days, shall be paid to the member or his estate, whichever is applicable.
[Added 8-18-1980 by Ord. No. 20613]
J. 
At the termination of employment for any reason of a member of the IBPO Local 547 or in the event of the death of any such member, 25% of all accumulated sick leave, not to exceed 90 days, shall be paid to the member or his estate, whichever is applicable.
[Added 8-18-1980 by Ord. No. 20613]
K. 
Upon the retirement (voluntary or involuntary) or death of a member of the IAFF, the City shall pay to said member or his estate an amount equal to 25% of his accumulated sick leave, equal portions of which are to be computed on the basis of day and night tours.
[Added 8-18-1980 by Ord. No. 20613]
L. 
At the termination of employment, except for cause, or in the event of the death of a member of the DPW Laborers' Union, the City shall pay to the member or his estate, whichever is applicable, 25% of all accumulated sick leave.
[Added 8-18-1980 by Ord. No. 20613]
M. 
Upon the retirement of a member of the DPW Foremans' Union, said member shall be paid a lump sum equal to 25% of any accumulated sick leave, said amount not to exceed $1,000.
[Added 8-18-1980 by Ord. No. 20613]
N. 
After a member of the IBPO Local 527 or IBPO Local 547 has accumulated at least 90 days of sick leave, said member may buy back up to 10 days at the rate of eight hours for each sick day accumulated.
[Added 8-18-1980 by Ord. No. 20613]
O. 
After a member of the IAFF has accumulated at least 90 days of sick leave, said member may buy back up to seven days at the rate of 12 hours for each sick day accumulated.
[Added 8-18-1980 by Ord. No. 20613]
If after an employee has been absent for the full period of his sick leave or for 90 days of his accumulated sick leave, whichever is the greater, it is determined through competent medical certification that the employee is to be absent for a further prolonged period of time due to illness or injury, the position of the employee shall at that time be filled on a temporary basis by the department head with the approval of the Mayor.
[Amended 8-18-1980 by Ord. No. 20614]
In addition to the sick leave provided for any employee of the City, an employee will be permitted by his department head to be absent without loss of pay in any calendar year for a period not to exceed three days, except that members of the IAFF shall be granted a maximum of five days to attend the funeral of any member of his immediate family. The head of such department, in the event such funerals are outside the community, may, in his discretion, permit a longer absence to attend such funeral. Leave of absence to attend funerals shall not be accumulated from one calendar year to another. Members of the immediate family of an employee shall include wife, children, grandchildren, mother or father, brother or sister, mother-in-law or father-in-law or other in-laws who reside under the same roof with the employee. Relations of half-blood and adopted relatives shall be considered the same as blood relations for the purpose of this section. In the discretion of the department head, employees may be permitted to be absent without loss of pay to attend funeral services.
An employee leaving the service of the City to serve the federal or state government in its armed forces shall retain his or her seniority during such service and shall be returned to employment as provided by law. This provision shall not apply to any employee who has been hired on a temporary basis to fill the position vacated by any employee serving the federal or state government in its armed forces.
[Amended 10-2-1972 by Ord. No. 11845]
A plan of group life insurance, group accidental death and dismemberment insurance and group general blanket hospital, surgical and medical insurance authorized under the provision of Chapter 32B of the General Laws and adopted by vote of the City Council shall be paid, 1/2 by the City and 1/2 by the employee, except the premium for life insurance shall be paid 99% by the City and 1% by the employee.
[Amended 12-18-1972 by Ord. No. 12074]
A. 
When the performance of an occupation requires the use of an automobile and the City fails to furnish and maintain it, an employee nevertheless using an automobile or similar vehicle for the performance of that occupation shall be reimbursed at the standard mileage rate established by the Internal Revenue Service on January 1 of a calendar year, to be effective on July 1 of the same calendar year. Any amount expended or incurred in excess of that rate shall be borne by the individual and not reimbursed to the individual by the City.
[Amended 10-15-1979 by Ord. No. 19476; 9-11-2006 by Ord. No. 06-1001169B]
B. 
The employee shall furnish to the department head appropriate periodic written records of his speedometer readings, less any mileage consumed in commutation to and from work, and the reimbursement shall be based on the occupationally required mileage.
C. 
When the performance of an occupation requires that an employee shall travel outside the limits of the commonwealth, he shall obtain written approval for such travel from the Mayor. No cash advances for any travel shall be granted without prior written approval of the Mayor, except in cases of extreme emergencies. In the absence of the Mayor, such approval shall come from the City Auditor, who will determine the amount of funds available in the travel account.
D. 
The following table shall be used as the amount of expenses allocated for out-of-state travel. Any amount expended which is in excess of the amount allocated in the table shall be borne by the individual and not reimbursed to him by the City.
(1) 
Transportation.
(a) 
The standard mileage rate established by the Internal Revenue Service on January 1 of a calendar year, to be effective on July 1 of the same calendar year, per mile, per vehicle, when transportation is by private vehicle. Any amount expended or incurred in excess of that rate shall be borne by the individual and not reimbursed to the individual by the City.
[Amended 10-15-1979 by Ord. No. 19476; 9-11-2006 by Ord. No. 06-1001169B]
(b) 
Actual cost of public transportation. When public transportation is used, the most economical fare available for the mode chosen shall be used. When an employee travels by a more expensive fare, he shall personally bear the cost of the difference between the lowest fare and the fare chosen.
(2) 
Meals and lodging.
(a) 
An employee while on out-of-state travel shall be paid, otherwise reimbursed or allowed the actual cost of meals and lodging, not to exceed $65 per day, except when otherwise approved or allowed by the Mayor for circumstances he deems appropriate.
[Amended 12-1-1980 by Ord. No. 20890]
(b) 
If an employee does not stay overnight while on out-of-state travel, he shall be paid, otherwise reimbursed or allowed the actual cost of meals while on a travel status, not to exceed the following schedule or unless otherwise approved or allowed by the Mayor for circumstances he deems appropriate.
[Amended 12-1-1980 by Ord. No. 20890]
[1] 
Breakfast: $4.75.
[2] 
Lunch: $7.50.
[3] 
Dinner: $12.75.
(c) 
Any amounts expended in excess of the above amounts shall be paid for by the employee personally.
E. 
An employee must present a voucher to the Mayor showing his estimated expenses prior to going on out-of-state travel. He must also present to the Mayor a copy of the agenda or itinerary of such meeting, convention or seminar which is to be attended. Upon return from out-of-state travel, the employee will present to the Mayor a voucher showing meals had, mileage traveled or receipts for public transportation. He shall also present evidence of overnight lodging.
A. 
Each department head shall post in a prominent place available to his employees one copy of the work schedule and normal workweek, or present workweek if less, for his department and shall file a duplicate with the Mayor.
B. 
Overtime may not be paid unless it has been approved and authorized in writing in advance by the department head. The authorization must be signed by him and dated as of the date of his signature, except that prior approval and authorization is not needed when there is a clear and temporary emergency. By the 10th of each month, a record of all overtime during the preceding calendar month shall be filed with the Mayor.
C. 
Each department head shall maintain, in such a form as the Mayor and the City Council shall prescribe, an attendance record for each officer or employee, which shall specify in the case of absence from duty the reason for such absence. Such records shall be kept on file for inspection by the Mayor and City Council or any appropriate auditing authority.
D. 
The Mayor, with the City Council, shall have the authority to standardize the administrative forms and records used in the City personnel administration, with assistance from the Auditor, other than those whose format is regulated by statute or by state agencies supervising personnel administration.
No action on compensation shall become effective until such time as the appropriation or other moneys out of which the compensation is to be paid shall be adequate.
No inequity adjustment shall be made in the rate of pay of any employees unless it is with the approval of the Mayor and City Council.
Upon the reemployment of a former employee who has been continuously separated from the payroll of the City for a period of less than two years, he shall be reinstated and allocated to a step rate appropriate to his status when he was separated, provided that approval is given in compliance with the General Laws of the commonwealth, but in the classification and pay range appropriate thereto in which he is reemployed.
All employees shall continue to perform any duties assigned by their department head, foreman, supervisor or supervisors, and failure to do so shall be just cause for disciplinary action and dismissal.
Nothing contained in this chapter shall be construed to impair the rights of any employees under the approved provisions of MGL c. 31, or any rules or regulations made thereunder. Further, nothing contained in this chapter shall be construed to impair the rights of any employee as may be granted by the General Laws regulating absence from duty as may be adopted from time to time.
[Added 10-2-1972 by Ord. No. 11843; amended 11-13-1972 by Ord. No. 11945; 9-24-1973 by Ord. No. 12876; 9-24-1973 by Ord. No. 12877]
A. 
Pay scale.
(1) 
DPW unions.
[Amended 8-18-1980 by Ord. No. 20615]
(a) 
Members of the DPW Laborers' Union shall receive an annual lump-sum payment for longevity in accordance with the following schedule:
[1] 
After 15 years of service: $100.
[2] 
After 20 years of service: $150.
[3] 
After 25 years of service: $200.
[4] 
After 30 years of service: $250.
[5] 
After 35 years of service: $300.
(b) 
Members of the DPW Foremans' Union shall receive an annual lump-sum payment for longevity in accordance with the following schedule:
[1] 
For eight to 11 years of service: $100.
[2] 
For 12 to 14 years of service: $250.
[3] 
For 15 to 20 years of service: $300.
[4] 
Over 20 years of service: $500.
(2) 
Members of the IAFF shall receive an annual lump-sum payment for longevity in accordance with the following schedule:
(a) 
For eight to 11 years of service: 1% of base salary.
(b) 
For 12 to 15 years of service: 2% of base salary.
(c) 
Over 16 years of service: 3% of base salary.
(3) 
Members of the IBPO Local 527 and IBPO Local 547 shall receive an annual lump-sum payment for longevity in accordance with the following schedule:
(a) 
For eight to 11 years of service: $100.
(b) 
For 12 to 14 years of service: $250.
(c) 
For 15 to 20 years of service: $350.
(d) 
Over 20 years of service: $500.
(4) 
Other employees. Effective July 1, 1988, all other employees shall receive, in the pay period closest to December 15 of a calendar year, an annual lump-sum payment for longevity in accordance with the following schedule:
[Amended 11-23-1981 by Ord. No. 21697; 3-26-1944 by Ord. No. 23778; 2-22-1988 by Ord. No. 88-2047A]
(a) 
For eight to 11 years of service: 1% of base salary.
(b) 
For 12 to 15 years of service: 2% of base salary.
(c) 
For 16 to 19 years of service: 3% of base salary.
(d) 
For 20 or more years of service: 5% of base salary.
B. 
Longevity pay to be part of base pay. Longevity pay shall be considered part of an employee's base pay for computation of retirement benefits.
C. 
Certain credited service to be included in longevity computation. Credited service, pursuant to MGL c. 32, § 4, as amended, and accrued as an employee of the City shall be included in computing longevity. Any other service, such as original date of employment, to be included for the computation of longevity shall be determined by the Human Resources Director. The provisions of Subsection A(4) shall not apply to "other employees" who become employed by the City of Marlborough after July 1, 1992.
[Amended 11-23-1981 by Ord. No. 21697; 9-14-1992 by Ord. No. 92-4586A; 4-27-2015 by Ord. No. 14/15-1006005H]
[Added 3-25-1991 by Ord. No. 91-3871A]
A. 
Employees who in addition to performing the daily duties required by their position perform additional services directly related to any federal or state grant shall be paid for said additional time and service from grant funds.
B. 
Payment hereunder shall not exceed $7,000 per individual per year.
[Added 1-22-1973 by Ord. No. 12168; amended 8-18-1980 by Ord. No. 20616]
A. 
Each member of the City Fire Department shall be paid $10 annually for each fire science credit earned by such member from an accredited institution, except that any such member who obtains an associate's degree in fire science shall receive a premium annually equal to 10% of said member's annual base salary in lieu of the ten-dollars-per-credit payments. Payment for the same shall be made on the second payday in November.
B. 
The City shall reimburse all members of the Fire Department who attend fire science courses required for a fire science degree at accredited institutions or other courses in the purchase of texts and registration fees. Such courses are to be taken during off-duty time.
[Added 8-12-1974 by Ord. No. 13833]
A. 
There is hereby established a career incentive pay program offering base salary increases to regular full-time members of the Marlborough Police Department, as a reward for furthering their education in the field of police work.
B. 
Police career incentive base salary increases shall be predicated on the accumulation of points earned in the following manner: one point for each semester-hour credit earned toward a baccalaureate or an associate's degree; 60 points for an associate's degree; 120 points for a baccalaureate degree; and 150 points for a degree of master or for a degree in law. All semester credits and degrees shall be earned in an educational institution accredited by the New England Association of Colleges and Secondary Schools.
C. 
Base salary increases authorized by this chapter shall be graded in the following manner: a one-and-one-half-percent increase for 10 points so accumulated; a three-percent increase for 25 points; a five-percent increase for 40 points; a ten-percent increase for 60 points; a twelve-percent increase for 120 points; and a fifteen-percent increase for 150 points so accumulated.
[Amended 8-18-1980 by Ord. No. 20618]
D. 
All credits and degrees shall be earned and reported prior to September 1 in any given year for a police officer to obtain the benefits hereunder. Credits and degrees earned on and after this date will be considered for benefits hereunder in the next annual period beginning with September 1.
[Added 8-18-1980 by Ord. No. 20617]
Members of the IAFF certified as having completed the emergency medical training (EMT) course shall be paid annually a premium equal to 3% of their annual base salary, provided that, to qualify for said payment, members must retain their certification or recertification such that they may continue to function in an EMT capacity.
[Added 8-18-1980 by Ord. No. 20619]
Members of the IBPO Local 527 and IBPO Local 547 who are certified as first responders in accordance with MGL c. 3, § 201, shall be entitled to a lump-sum payment of $300 annually. Such payment shall not be considered as part of the base salary and shall not be considered in any other wage computations.
[Added 1-22-1973 by Ord. No. 12170; amended 7-28-1975 by Ord. No. 14860; 8-18-1980 by Ord. No. 20620]
A. 
A regular employee of the City Police Department who is regularly scheduled to work shifts or tours beginning at or after 4:00 p.m. and before 8:00 a.m. shall receive, in addition to his or her regular weekly compensation, a weekly night-shift differential computed at the rate of 3% of an employee's annual base salary. Such night-shift differential shall be included in base pay for the purpose of computing and determining holiday pay, vacation pay, sick pay, injured pay and for retirement and pension purposes to the extent permitted by the laws of the commonwealth.
B. 
Each employee of the Department of Public Works or the Cemetery Commission who is a member of one of the divisions referred to in Subsection C of this section, who is not excluded by Subsection D of this section, and who is regularly employed on the night shift as a full-time employee, shall receive, in addition to his usual pay, a pay differential allowance equal to 2% of his weekly pay.
C. 
This section shall apply to employees in the following divisions, unless otherwise excluded by Subsection D of this section: Street, Water and Sewerage, Park and Forestry and Cemetery Divisions.
D. 
This section shall not apply to the following positions: Caretaker of Cemeteries, Assistant Commissioner of Public Works, City Engineer, all engineering personnel, all other executive employees, head pumping station operator, Commissioner of Public Works, Water Registrar, head wastewater treatment plant operator, all general foremen or foremen, all clerical, professional, casual or temporary employees.
[Added 6-30-1975 by Ord. No. 14802]
No new office or position shall be established unless and until the Personnel Committee of the City Council, pursuant to a request by the Mayor or the City Council or the head of a department, submits a formal report to the City Council relating to such new office or position; provided, however, that this section shall not apply to positions or offices which are federally subsidized. In the event a position is established which is federally subsidized, the department head of the department in which the position is established shall file a report with the City Council, which report shall include but not be limited to duties, hours or work, salary and an explanation of the federal program involved.
[Added 8-18-1980 by Ord. No. 20621]
Members of certain employee groups shall receive clothing and/or clothing allowances in accordance with the following schedule:
A. 
Fire Department. Members of the IAFF shall be reimbursed the cost of a dress uniform and protective clothing after completion of the employee's probationary period in an amount not to exceed $300. The annual clothing allowance for permanent employees, including all those entering the service of the Fire Department in the first half of the fiscal year, shall be $350. The clothing allowance for employees entering the service of the Fire Department in the second half of the fiscal year shall be $175.
B. 
Police Department.
(1) 
Members of the IBPO Local 527 and IBPO Local 547 shall receive an annual uniform and clothing allowance of $250 to cover the cost of uniforms, including shoes, purchased by the same members who have submitted vouchers to the Chief of Police. Uniforms, but not shoes, must conform to minimum departmental standards.
(2) 
Uniforms and civilian clothes of said members which are damaged during the performance of a member's duty shall be repaired or replaced by the City at its sole expense.
(3) 
The City shall supply to all members the initiated leather goods, handcuffs, revolvers, holsters and like items, which may be replaced by the clothing allowance.
(4) 
The City shall, at its sole expense, provide for the cleaning of all uniforms of all members.
C. 
Public Works Department. The City shall furnish and maintain all uniforms, protective clothing or devices and shall pay for all cleaning, laundering and tailoring of the same for all members of the DPW Laborers' Union and DPW Foremans' Union.
[Added 6-17-1991 by Ord. No. 91-4042A]
A. 
Purpose and intent.
(1) 
Purpose of plan. The purpose of this plan is to provide employees of the City of Marlborough a premium reduction benefit under the health care plan maintained by the City of Marlborough.
(2) 
Cafeteria plan status. This plan is intended to qualify as a "cafeteria plan" under Section 125 of the Internal Revenue Code of 1986, as amended, and is to be interpreted in a manner consistent with the requirements of said Section 125.
B. 
Definitions. Whenever used herein, the following terms shall have the following meanings unless a different meaning is clearly required by the context.
ADMINISTRATOR
The Mayor of the City of Marlborough or such other person or committee as may be appointed from time to time by the Mayor to supervise the administration of the plan.
CITY
The City of Marlborough.
CODE
The Internal Revenue Code of 1986, as amended. Reference to any section or subsection of the code includes reference to any comparable or succeeding provisions of any legislation which amends, supplements or replaces such section or subsection.
EFFECTIVE DATE
July 1, 1991.
EMPLOYEE
Any individual who is an employee of the City as defined in MGL c. 32B, § 2(d), or by any other entity which is treated, along with the City, as a single employer, in accordance with the provisions of Section 414(b), (c) or (m) of the Internal Revenue Code.
HEALTH CARE PLAN
The Tufts Total Health Plan and such amendments or other medical insurance, health maintenance organization, or preferred provider plans as may be adopted by the City as additions or replacements hereto.
PARTICIPANT
Each employee who participates in the plan in accordance with Subsection C.
PLAN
The City of Marlborough Premium Reduction Plan, as set forth herein, together with any and all amendments and supplements hereto.
PLAN YEAR
The period beginning on the effective date and ending on June 30, 1992, and the twelve-month period ending on each June 30 thereafter.
C. 
Participation.
(1) 
Commencement of participation. Each active employee of the City who is in a benefit category position and has health insurance coverage through the City will be eligible to participate in the plan. An employee will become a participant on the later of: a) the effective date or b) the first day of the pay period following the date he becomes eligible to participate under the preceding sentence.
(2) 
Nonparticipation option. If an eligible employee does not want to participate in the premium reduction plan she must disenroll from the plan prior to the effective date of each plan year. The employee must complete the nonelection form in the time frame outlined by the Administrator, or he will automatically be enrolled in the plan.
(3) 
Cessation of participation. A participant will cease to be a participant as of the earlier of: a) the date on which the plan terminates or b) the date on which she ceases to be an employee eligible to participate under Subsection C(1).
(4) 
Reinstatement of former participant. A former participant will become a participant again if and when he meets the eligibility requirements of Subsection C(1).
D. 
Benefit procedures.
(1) 
Open enrollment. Prior to the commencement of each plan year, the Administrator shall provide written materials which describe the benefits, costs, eligibility requirements, and any other information which will serve to assist an employee in making an election under this plan and under the health care plan. The Administrator shall hold an "open enrollment" during which time eligible employees can either join or terminate their participation in this plan. Election/termination forms shall be effective as of the first day of the plan year. The forms must be completed and returned to the Administrator on or before the dates outlined by the Administrator.
(2) 
New participants. As soon as practical before an employee is eligible to become a participant under Subsection C(1) or (4), the Administrator shall provide the descriptive materials and written election form and compensation reduction agreement described in Subsection D(1) to the employee. The election form must be completed and returned to the Administrator on or before such date as the Administrator shall specify which date shall be no later than the beginning of the first pay period to which the participant's compensation reduction agreement applies.
(3) 
Changes by Administrator. If the Administrator determines, before or during any plan year, that the plan may fail to satisfy for such plan year any nondiscrimination requirement imposed by the code, the Administrator shall take such action as the Administrator deems appropriate, under rules uniformly applicable to similarly situated participants, to assure compliance with such requirements or limitations.
(4) 
Irrevocability of election by the participant during the plan year. Elections made under the plan shall be irrevocable by the participant during the plan year, subject to a change in family status. A participant may revoke his election for the balance of a plan year and file a new election only if both the revocation and the new election are on account of and consistent with a change in family status. A change in family status, for the purpose of this section, includes marriage, divorce, death of a spouse or child, birth or adoption of a child, employment or termination of employment of a spouse, change in the work status of the participant or such participant's spouse from full time to part time or part time to full time, or a significant change in a premium under the health care plan, and such other events as the Administrator may determine will permit a change or revocation of an election during a plan year under regulations and ruling of the Internal Revenue Service. Any new election under this Subsection D(4) shall be earlier than the first pay period beginning after the election form is completed and returned to the Administrator.
(5) 
Automatic termination of election. Elections made under this plan shall automatically terminate on the date on which the participant ceases to be a participant in the plan, although coverage or benefits under the health care plan may continue as provided under C.O.B.R.A.
E. 
Administration of plan.
(1) 
Plan Administrator. The administration of the plan shall be under the supervision of the Administrator. It shall be a principal duty of the Administrator to see that the plan is carried out in accordance with its terms for the exclusive benefit of employees entitled to participate in the plan without discrimination among them. The Administrator will have the full power to administer the plan in all of its details, subject to applicable requirements of law. For this purpose, the Administrator's powers will include, but will not be limited to, the following authority, in addition to all other powers provided by this plan:
(a) 
To make and enforce such rules and regulations as he deems necessary or proper for the efficient administration of the plan, including the establishment of any claims procedures that may be required by applicable provisions of the law.
(b) 
To appoint such agents, counsel, accountants, consultants and other persons as may be required to assist in administering the plan.
(c) 
To allocate and delegate its responsibilities under the plan and to designate other persons to carry out any or all of the responsibilities under the plan, any such delegation is to be in writing.
(2) 
Examination of records. The Administrator will make available to each participant his plan records under this premium reduction plan as pertain to him, for examination at reasonable times during normal business hours.
(3) 
Reliance on tables, etc. In administering the plan, the Administrator will be entitled to the extent permitted by law to rely conclusively on all tables, valuations, certificates, opinions and reports which are furnished by, or in accordance with the instructions of, the administrators of the health care plan or by accountants, counsel or other experts employed or engaged by the Administrator.
(4) 
Nondiscriminatory exercise of authority. Whenever, in the administration of the plan, any discretionary action by the Administrator is required, the Administrator shall exercise his authority in a nondiscriminatory manner so that all persons similarly situated will receive substantially the same treatment.
(5) 
Indemnification of Administrator. The City agrees to indemnify and to defend to the fullest extent permitted by law any employee serving as the Administrator (including any employee or former employee who formerly served as Administrator) against all liabilities, damages, costs and expenses (including attorneys' fees and amounts of settlement of any claims approved by the City) occasioned by any act or omission to act in connection with the plan, if such act or omission is in good faith.
F. 
Insurance.
(1) 
Responsibility for implementing plan. Once an employee is eligible to be a participant, it shall be his responsibility to apply for any health insurance plan covered by this program.
(2) 
Master insurance agreement controls. A participant shall not be eligible for an insured benefit under this plan until the insurance contemplated by this plan is actually obtained. In the event of a conflict between the terms of this plan and the terms of the health insurance contract, the health insurance agreement shall overrule this plan.
G. 
Amendment or termination of plan.
(1) 
Amendment. The City at any time or from time to time may amend any or all provisions of the plan, without the consent of any employee or participant, or union, subject to the provisions of Chapter 150E of the General Laws of Massachusetts, if applicable. No amendment shall have the effect of reducing or eliminating any benefit incurred prior to reimbursement due a participant for services or expenses incurred prior to the effective date of such amendment, unless such amendment is made to comply with federal, state or local laws, statutes or regulations.
(2) 
Termination. Although the plan is implemented with the full intention of permanency, the City reserves the right to terminate the plan in whole or in part, at any time, subject to the provisions of Chapter 150E of the General Laws of Massachusetts, if applicable.
(3) 
Legal enforceability of provisions. The plan and the provisions hereof constitute a legally enforceable agreement between the City and a participant. Neither the termination of, nor any amendment to, the plan shall be made retroactively or prior to proper notification of participants.
(4) 
Information to be furnished. Participants shall provide the City and Administrator with such information and evidence and shall sign such documents as may reasonably be requested from time to time for the purpose of administration of the plan.
(5) 
Limitation of rights. Neither the establishment of the plan nor any amendment thereof, nor the payment of any benefits, will be construed as giving to any participant or other person any legal or equitable right against the City or Administrator, except as provided herein.
(6) 
Governing law. This plan shall be construed, administered and enforced according to the laws of the Commonwealth of Massachusetts and in accordance with the Internal Revenue Code of the United States.
[Added 9-14-1998 by Ord. No. 98-7613A]
A. 
Establishment. Pursuant to the provisions of MGL c. 41, § 100B, there shall be a Retiree Indemnification Review Board within the City of Marlborough.
B. 
Members. The Retiree Indemnification Review Board shall be a three-member board. Said members are as follows:
(1) 
Chairman of the Marlborough Retirement Board.
[Amended 2-8-1999 by Ord. No. 98-7613C]
(2) 
City Solicitor or such other person designated in writing by said Solicitor to act for him/her.
(3) 
A physician appointed by the Mayor in writing.
C. 
Duties.
(1) 
Said Indemnification Review Board shall receive applications for medical indemnification from retired police officers and retired firefighters and shall act on the same pursuant to the provisions of MGL c. 41, § 100B.
(2) 
Further, said Indemnification Review Board shall have all the powers and duties prescribed to it in MGL c. 41, § 100B, and shall act in accordance with the same.
[Added 2-8-1999 by Ord. No. 98-7613C]
A. 
Establishment. Pursuant to the provisions of MGL c. 41, § 100, there shall be an Indemnification Review Board within the City of Marlborough.
B. 
Members. The Indemnification Review Board shall be a three-member Board. Said members are as follows:
(1) 
Mayor.
(2) 
City Solicitor or such other person designated in writing by said Solicitor to act for him/her.
(3) 
A physician appointed by the Mayor in writing.
C. 
Duties.
(1) 
Said Indemnification Review Board shall receive applications for injured on duty indemnification from police officers, firefighters and persons aiding them and shall act on the same pursuant to the provisions of MGL c. 41, § 100.
(2) 
Further, said Indemnification Review Board shall have all the powers and duties prescribed to it in MGL c. 41, § 100, and shall act in accordance with the same.
[Added 10-19-1998 by Ord. No. 98-7835A]
The Treasurer of the City may pay salaries, wages or other compensation to any person in the service of the City by means of deposits to a deposit account or accounts of such person in any one or more savings or cooperative banks, trust companies, or credit unions incorporated in or chartered by the commonwealth; in any one or more national banking associations, federal savings or loan associations or federal credit unions located in the commonwealth; in any one or more banking companies or Morris Plan companies subject to Chapter 172A[1]; or any one or more savings and loan associations under the supervision of the Commissioner of Banks, provided that such person has specifically authorized such deposits, and provided further that if such deposits are made initially to accounts established for such person in any one bank, trust company, credit union, or association, the depository shall have agreed with the Treasurer on terms satisfactory to the Treasurer for the immediate direct transfer of such deposit to any other such bank, trust company, credit union, or association designated by each such person.
[1]
Editor's Note: See Ch. 172 of the Massachusetts General Laws.
[Added 1-29-2001 by Ord. No. 01-8842E]
Effective January 1, 2001, regular, full-time employees who are not members of a bargaining unit shall be entitled to receive payment for a maximum of 90 sick days if said employee meets the following conditions:
A. 
Must give notice of intent to retire between January 1 and May 1 of the fiscal year prior to the fiscal year in which the retirement will occur, and such notice shall include the month in which the retirement will occur. Notwithstanding the notice requirement of this section, the notice provisions of this section shall be waived for any employee retiring in the year 2001;
B. 
Must have maintained a minimum of 90 sick days annually for five consecutive years prior to retirement;
C. 
Must have completed a minimum of 25 years of creditable service in the City of Marlborough;
D. 
If eligible for maximum retirement benefits, must retire within one year of the date of achieving maximum benefits;
E. 
Retirement must occur during the month for which notice, as in Subsection A above, was given;
F. 
Must not have engaged in a proven case of sick leave abuse during the five years preceding retirement;
G. 
The time line in Subsection A shall be waived when an employee retires due to catastrophic illness of the employee or the employee's spouse; and
H. 
Retirement for which notice was given in Subsection A above must be taken and occur in or between July 1 through August 30 of the calendar year of said retirement.