[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.]
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:
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.
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.
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.
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.
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.
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 Chief of Staff to the Mayor 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 Chief
of Staff to the Mayor 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; amended 6-29-2022 by Order No. 22-1008628A]
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]
[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.
C.
Notwithstanding anything to the contrary in this chapter, for all
other employees, in order to reflect an employee's prior experience
or performance, the Mayor is authorized to waive any two steps on
a salary schedule established under this chapter, at time of hiring,
subject to available appropriation of funds. Any waiver of more than
two steps shall require approval by the City Council.
[Added 1-25-2021 by Ord.
No. 20/21-1008108B]
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:
(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.
(4)
Notwithstanding anything to the contrary in this chapter, for all
other employees, in order to credit an employee's experience in prior
public or private employment, the Mayor is authorized to grant an
increase of up to one additional week of annual vacation time which
may be made effective at time of employment. Upon granting, said additional
time shall accrue on a pro-rated basis per completed month in that
calendar year, and thereafter shall be received annually. Any increase
in annual vacation time above one week shall require approval by the
City Council.
[Added 1-25-2021 by Ord.
No. 20/21-1008108B]
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
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Martin Luther King Day
| |
|
Washington's Birthday
| |
|
Patriots' Day
| |
|
Memorial Day observation
| |
|
Independence Day
| |
|
Labor Day
| |
|
Columbus Day celebration
| |
|
Veterans' Day
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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:
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:
(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]
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:
[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]
(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:
(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:
(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]
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.
ADMINISTRATOR
CITY
CODE
EFFECTIVE DATE
EMPLOYEE
HEALTH CARE PLAN
PARTICIPANT
PLAN
PLAN YEAR
Definitions. Whenever used herein, the following terms
shall have the following meanings unless a different meaning is clearly
required by the context.
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.
The City of Marlborough.
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.
July 1, 1991.
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.
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.
Each employee who participates in the plan in accordance with Subsection C.
The City of Marlborough Premium Reduction Plan, as set forth
herein, together with any and all amendments and supplements hereto.
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.
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:
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.
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;
F.
Must not have engaged in a proven case of sick leave
abuse during the five years preceding retirement;
