Compensated absences FY2011, 2012 and 2013 (Malden Human Resources Department)

RE: Public Records Request

Dear Mr. Musgrave:

Please be advised that the public records request you provided to the Malden Human Resources Department was forwarded to this office for response. Please allow this communication to serve as response to your request.

Would you kindly direct any further communications and requests to me via this email and to the following address:

City of Malden Legal Department
200 Pleasant Street
Malden, MA 02148
Fax: 781-397-7105
Tel.: 781-397-7106

It appears in review of this request that the City does not have records responsive to your request, because the request is too vague to provide a response. However, I am able to review a revised request if you issue the same with more specificity, and I respectfully request you to revise it in order for the City to locate any and all documents which may be responsive.

In further response, it appears that you may be seeking City policies regarding reimbursement for sick time, vacation time, military leave, leave of absences, FMLA, bereavement, jury leave, and personal days. If this is the case, our City Ordinances contain the City policies for non-union employees. City ordinances can be found online via the City of Malden website, www.cityofmalden.org<http://www.cityofmalden.org>, and you may access all Malden Ordinances by entering "Government" then "Laws and Ordinances", and personnel policy ordinances for non-union employees are found in Chapter 8; this is the easiest method for reviewing this information on the City's personnel policies and is at no cost. For the within response, I have included the policies which may be responsive to your request for the City policy. Please let me know if you have difficulty accessing the Ordinances via the City's website, www.cityofmalden.org. If you are requesting information regarding employee benefits policies of union employees, I will make the most recent Collective Bargaining Agreements available for your inspection at your convenience, containing these compensated benefits policies.

Also, would you kindly advise if you are seeking the total recorded paid sick, vacation, military, LOA, FMLA, bereavement, jury and personal time compensated for all employees, union and non-union, during FY 2011, 2012, 2013. I may have misunderstood your request, and if so, I apologize, and again request that you advise me specifically what documentation you seek, and I will work again on preparing a response with any documents responsive to your request that may be public records. I understand you expect a document to be created, however, I am sure you are aware that the City is under no obligation to create such a document, and is only obligated to provide you with copies of documents responsive to your request, and/or make the same available for your inspection. If you send me a revised request, I will locate any existing documentation which is public and make the same available for your inspection. If you wish to receive copies, I will calculate the fee, if any, upon receipt of your revised request knowing what documentation must be copies and from which department it will be copied.

Thank you for your attention to this matter.

Kathryn M. Fallon

SECTION 8.9 VACATION BENEFITS
1. All permanent full-time City employees shall be credited
with vacation leave without loss of pay as follows:
A. After the first six (6) months of continuous service with the City of Malden,
employees shall be allowed a vacation of two (2) workweeks, to be credited on the first
day of the seventh month of service.
B. For each year up to five (5) years of credited service, completed as of January 1, said
employees shall be allowed a vacation of two (2) workweeks, to be credited on January 1
of each year after six (6) months of service.
C. For each year more than five (5) years but less than ten (10) years of credited service,
completed as of January 1, said employees shall be allowed a vacation of three (3) work
weeks, to be credited on January 1 of each year after five (5) years of service.
D. For each year more than ten (10) years but less than twenty (20) years of credited
service, completed as of January 1, said employees shall be allowed a vacation of four (4)
workweeks, to be credited on January 1 of each year, after ten (10) years of service.
E. For each year more than twenty (20) years of credited service, completed as of January
1, said employees shall be allowed a vacation of five (5) workweeks, to be credited on
January 1 of each year, after twenty (20) years of service.
2. Scheduling of vacations for employees shall be subject to the approval of the Department
Head. Department Heads shall notify the Mayor and the Human Resources Director, in writing,
of their scheduled vacations. In the event of conflict, seniority shall prevail in selection of
vacation time. Employees may carry over one year of vacation credit. Vacation not used in the
vacation year in which it becomes available must be used by the end of the following vacation
year or it is forfeited. An employee may not accumulate more than two (2) years vacation credits
at any time.
3. Any employee who attains an anniversary date of service, such as the fifth, tenth, or twentieth
year, at which time said employee would be entitled to receive an additional week of vacation
time as specified above, shall be credited with said additional week as of the employee's annual
anniversary date of employment. Thereafter, said additional week shall be credited as of January
Updated through 6/30/13 805
1 of the following year.
4. Persons employed on a permanent part-time basis who regularly work a minimum of twenty
(20) hours per week shall be credited with that proportion of the vacation leave, provided above,
which their part-time service bears to full-time service.
5. Upon termination of service, an employee shall receive vacation pay equivalent to any unused
vacation leave accrued under the provisions of this ordinance; provided that no payment of
accrued vacation leave shall be made to an employee who has been charged with
misappropriation of city funds or property, a criminal offense involving violation of the laws
applicable to his office or position, or an offense under the provision of MGL Chapter 268A
Section 2 or Chapter 265 Section 25 until final determination of pending charges; and provided
further that an employee who is finally convicted of any of the aforementioned charges shall
forfeit the right to any payment otherwise due under this section.
6. All employees of the City who had employment under Malden CETA, Malden Community
Development or other similar grant programs, Malden Redevelopment Authority, Malden
Housing Authority, or other State, County, or Municipal employment within the Commonwealth
of Massachusetts shall count this time toward eligibility for vacation benefit as credited service.
SECTION 8.10 LONGEVITY BENEFITS
(Deleted)
SECTION 8.11 SICK LEAVE
A. Sick leave shall accrue at the rate of one and one-quarter (1 1/4) days per month and may be
accumulated up to a maximum of one-hundred fifty (150) days. Sick leave will not be credited
for any month in which an unauthorized absence occurs.
B. Sick leave shall be granted to an employee only when duties cannot be performed due to
illness, injury, or exposure to a contagious disease.
C. Notification of sick leave absences must be made by the employee to the immediate
supervisor as early as practicable. If such notification is not made such absence may, at the
discretion of the department head, be applied to absence without pay.
D. If the department head has reason to believe that sick leave is being abused, the submission of
satisfactory medical evidence may be required to verify the necessity of sick absences. Failure to
produce such evidence within seven (7) days of a request may result in denial of the sick leave
and the absence being charged to leave without pay.
Updated through 6/30/13 806
E. Upon return to work following a sick leave in excess of five (5) consecutive work days, an
employee may be required to undergo a medical examination to determine fitness for work.
F. Persons employed on a permanent part-time basis who regularly work a minimum of twenty
(20) hours per week shall be credited with that proportion of sick leave which their part-time
service bears to full-time service.
SECTION 8.12 SICK LEAVE BONUS
(Deleted)
SECTION 8.13 SICK LEAVE BUY BACK
Any employee eligible for a City of Malden retirement benefit shall have the opportunity to sell
back to the City at retirement any unused sick leave at the rate of ten dollars ($10.00) per day up
to a maximum of one-hundred fifty (150) days. Upon the death of an employee, payment of this
benefit shall be made to the employee's designated beneficiary or the employee's estate.
SECTION 8.14 PERSONAL LEAVE DAY
All full-time employees shall be granted three (3) paid personal leave days per calendar year and
such days shall not be cumulative. However, no personal day shall be allowed on Christmas Eve,
or New Year's Eve, or the day before or after such holiday. Scheduling of personal days shall be
subject to the approval of the Department Head.
SECTION 8.15 BEREAVEMENT LEAVE
Bereavement Leave of four (4) days, without loss of pay or benefits, may be granted commencing
the first working day following the day of death of an employee's spouse, child, father, mother,
sister, brother, grandparents, grandchild, father-in-law, mother-in-law, son-in-law,
daughter-in-law, or other relative who is a member of the family of an employee and also
domiciled with the employee. Written documentation, including a copy of a published death
notice, may be required within five (5) days of any bereavement leave. Unless authorized by the
Human Resources Director, bereavement leave shall not accrue to an employee who, at the time
of such leave would commence, is utilizing any other form of extended leave, including but not
limited to extended sick leave, leaves of absence and family medical leave.
SECTION 8.16 LEAVE OF ABSENCE
Updated through 6/30/13 807
The City Council may, upon the request of an employee, grant a leave of absence for full-time
study or research leading to a degree to any permanent employee which would enable such
person to increase their ability to serve the City. Such leave to be a period not exceeding one (1)
year. In exceptional cases the City Council may decide to grant leave with full or partial pay
provided, that prior to the granting of such leave, said employee shall enter into a written
agreement with the City Council that upon the termination of such leave, said person will return
to the employment of the City for a period to be determined by the Council, and that in default of
completing such employment will refund to the City an amount equal to such proportion of
salary received while on leave as the period of employment not actually
served as agreed bears to the whole period of employment agreed to be served.
No leave of absence shall hereafter be granted by any City department, subject to this ordinance,
to any employee for any purpose, with or without pay, unless the Human Resources Director
shall have previously approved such leave and the conditions thereof in writing. Any leave so
awarded and approved will include specific dates of leave initiation and termination.
SECTION 8.17 NON-UNION EMPLOYEE BENEFITS
Benefits and terms and conditions of employment contained in section 8.7 to 8.16 shall not apply
to employees covered by a collective bargaining agreement.
No benefit granted to employees under a collective bargaining agreement shall be extended to
any employee not included in the bargaining unit without the approval of the City Council and
the Mayor.
SECTION 8.18 JURY LEAVE
Employees summoned for jury duty will be granted paid leave for the duration of their jury
service. Such payment will be lowered by the amount of any per diem payment or fee received
for jury service. The employee must provide a copy of the official notice of jury service to the
Department Head and the Human Resources Director.
SECTION 8.19 MATERNITY AND ADOPTIVE LEAVE
Upon completion of a probationary period of six (6) months employment, maternity or adoptive
leave without pay shall be granted to a female employee for eight (8) weeks, for childbirth or to
care for a newly adopted child under the age of three (3) years of age, providing that the request
for said leave is made in writing to the department head at least two (2) weeks prior to such
leave. Requests for a maternity or adoptive leave shall be submitted in writing to the Department
Head and the Human Resources Director and shall include the expected date of childbirth or
Updated through 6/30/13 808
adoption and state that the employee intends to return to her position at the conclusion of the
leave.
Any accumulated sick leave and vacation to which female employees are entitled may be applied
to maternity leave.
Maternity leave shall not effect the accrual of benefits, seniority, or length of service credit.
SECTION 8.20 MILITARY LEAVE
Any employee who is a member of a military reserve or national guard unit and is ordered to
active duty for a period of thirty (30) days or more shall be entitled to receive the difference, if
any, between military pay and city salary for a period of time not to exceed one year, provided
that the employee provide the Human Resources Director with verification of orders and salary
within 30 days of activation.
An employee may maintain insurance benefits during a period of active military service as
described above, provided that the employee makes the required contribution for payment of
premiums.
An employee on active military duty shall not accrue additional vacation or sick leave. Upon
return to full time employment, said employee shall be credited with vacation leave equivalent to
that which would have been earned during military duty, but in no event shall the vacation
credited exceed one year's accrual.
Periods of active duty shall be included in computation of vacation, seniority and longevity
benefits.

Hi Shawn-

Thank you for the clarification, and I will find out right away the cost, if any associated with this and whatever documents are available responsive to your request.

We can also scan and email you copies of the current CBAs, but that would be in PDF format, or make them available for you to inspect here and then you can designate the portions you want copied when you review. I would just need to set up a day and time for you to come in and put all the CBAs together for your review.

Please let me know.

Hi Shawn,

Attorney Fallon asked me to email you the CBA's for the City of Malden. I have attached the Library contract. As you can see, it is through June 30, 2013. The union is currently in the process of ratifying a new contract. Once that is done a new contract will be signed. In the meantime, I have attached the previous contract. You will find that this is going to be the case in many of the City Union CBA's. Most of them expired on June 30, 2013 and are in the process of negotiations. I any event I will send you what I have.

Any questions, feel free to give me a call.

Diane Anthony

PRIVILEGED AND CONFIDENTIAL

Kathryn M. Fallon, City Solicitor
Thomas E. Brennan, Assistant City Solicitor
John McNaught, Jr., Assistant City Solicitor
Diane M. Anthony, Law Clerk
City of Malden Legal Department
200 Pleasant Street, Room 613
Malden, MA 02148
(781) 397-7000 x2106
Fax (781) 397-7105
legal@cityofmalden.org<mailto:legal@cityofmalden.org>

This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, employer or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify me immediately by telephone and destroy the original message. Thank you

Hi Shawn,

Same case with MPD Superior Officers. Contracts are in negotiations.

Diane

PRIVILEGED AND CONFIDENTIAL

Kathryn M. Fallon, City Solicitor
Thomas E. Brennan, Assistant City Solicitor
John McNaught, Jr., Assistant City Solicitor
Diane M. Anthony, Law Clerk
City of Malden Legal Department
200 Pleasant Street, Room 613
Malden, MA 02148
(781) 397-7000 x2106
Fax (781) 397-7105
legal@cityofmalden.org<mailto:legal@cityofmalden.org>

This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, employer or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify me immediately by telephone and destroy the original message. Thank you

Hi Shawn,

As you can see Patrolmen are also in negotiations.

Diane

PRIVILEGED AND CONFIDENTIAL

Kathryn M. Fallon, City Solicitor
Thomas E. Brennan, Assistant City Solicitor
John McNaught, Jr., Assistant City Solicitor
Diane M. Anthony, Law Clerk
City of Malden Legal Department
200 Pleasant Street, Room 613
Malden, MA 02148
(781) 397-7000 x2106
Fax (781) 397-7105
legal@cityofmalden.org<mailto:legal@cityofmalden.org>

This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, employer or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify me immediately by telephone and destroy the original message. Thank you

Hi Shawn,

Here is the MFD CBA subsequent Arbitration Award Letter and again they are currently in negotiations.

Diane

PRIVILEGED AND CONFIDENTIAL

Kathryn M. Fallon, City Solicitor
Thomas E. Brennan, Assistant City Solicitor
John McNaught, Jr., Assistant City Solicitor
Diane M. Anthony, Law Clerk
City of Malden Legal Department
200 Pleasant Street, Room 613
Malden, MA 02148
(781) 397-7000 x2106
Fax (781) 397-7105
legal@cityofmalden.org<mailto:legal@cityofmalden.org>

This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, employer or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify me immediately by telephone and destroy the original message. Thank you

Hi Shawn,

Here is the DPW and corresponding MOU's through June 30, 2013.

Diane

PRIVILEGED AND CONFIDENTIAL

Kathryn M. Fallon, City Solicitor
Thomas E. Brennan, Assistant City Solicitor
John McNaught, Jr., Assistant City Solicitor
Diane M. Anthony, Law Clerk
City of Malden Legal Department
200 Pleasant Street, Room 613
Malden, MA 02148
(781) 397-7000 x2106
Fax (781) 397-7105
legal@cityofmalden.org<mailto:legal@cityofmalden.org>

This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, employer or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify me immediately by telephone and destroy the original message. Thank you

HI SHAWN,

HERE IS ADMINISTRATIVE ASSISTANTS AND THIS IS VALID THRUGH JUNE 30, 2016.

DIANE

PRIVILEGED AND CONFIDENTIAL

Kathryn M. Fallon, City Solicitor
Thomas E. Brennan, Assistant City Solicitor
John McNaught, Jr., Assistant City Solicitor
Diane M. Anthony, Law Clerk
City of Malden Legal Department
200 Pleasant Street, Room 613
Malden, MA 02148
(781) 397-7000 x2106
Fax (781) 397-7105
legal@cityofmalden.org<mailto:legal@cityofmalden.org>

This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, employer or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify me immediately by telephone and destroy the original message. Thank you

Hi Shawn,

In further response to your FOIA request, I have attached City of Malden School Administration job postings and descriptions.

Diane

PRIVILEGED AND CONFIDENTIAL

Kathryn M. Fallon, City Solicitor
Thomas E. Brennan, Assistant City Solicitor
John McNaught, Jr., Assistant City Solicitor
Diane M. Anthony, Law Clerk
City of Malden Legal Department
200 Pleasant Street, Room 613
Malden, MA 02148
(781) 397-7000 x2106
Fax (781) 397-7105
legal@cityofmalden.org<mailto:legal@cityofmalden.org>

This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, employer or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify me immediately by telephone and destroy the original message. Thank you