Borough of Milford, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the Borough of Milford 1-20-2009 by Ord. No. 747-2009. Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 7.

§ 28-1 Findings.

A. 
Since the adoption of a formal personnel policy by the Common Council in 1977, the Council has been engaged in an ongoing process of monitoring that policy in an effort to ascertain its effectiveness and whether modifications in the same are required. It is apparent to the Council that the existing policy is inadequate, unworkable and not in the best interest of the Borough, the Council or the employees or the citizens of the Borough.
B. 
It is the Council's determination that the policies herein set forth will provide for better employer-employee relations between the Borough and its employees, as well as more accountability and a surer understanding of expectations and consequences. To these ends, the Council declares the policies set forth in this chapter, pledging itself to fairly and impartially administer the same and reserving to itself the right to alter the same, from time to time, as may be deemed by it to be most expedient and desirable in the public interest.
C. 
Nothing in this chapter shall be construed so as to make any employee hereunder anything other than an employee at will or to create binding rules which would derogate the Borough's right to act against any employee as if he is an employee at will without tenure rights, except as provided by law.

§ 28-2 Intent.

It is the goal of the Borough of Milford to:
A. 
Establish a uniform and equitable system of municipal personnel administration and to obtain for each position the best qualified person available without regard to race, creed, color, sex, national origin, marital status, physical impairment (except as the same may affect performance), sexual preference or political affiliation.
B. 
Base promotion and job security on ability, performance, experience, character, integrity, attitude and personality.
C. 
First consider qualified Borough employees when there is an opportunity for advancement.
D. 
Expect each employee to consistently do the best work of which he/she is capable, to be loyal and conscientious at all times, to conduct himself or herself in a proper manner and to treat all with whom he/she comes in contact with respect and courtesy, as befits a representative of the Borough in contact with the public.
E. 
Evaluate each employee in accordance with objective criteria and to deal with each equitably in accordance with such standards.
F. 
Maintain the necessary flexibility to deal with situations as they arise. To that end, all employees of the Borough are determined and declared to be employees at will, without tenure rights, except as granted by law.

§ 28-3 Scope.

The provisions of this chapter shall govern all employment relations between the Borough of Milford and its employees, except as may be otherwise provided in the Borough Code of the Borough of Milford or by law.

§ 28-4 Interpretation.

This chapter and all provisions hereof shall be construed in such manner as to give the Borough of Milford maximum flexibility to deal with situations and conditions as they arise and to govern, except where state law or other legislation supersedes or conflicts with the provisions of this chapter. In the event of conflict, the policies herein shall apply to the maximum extent permitted by law, and to the extent possible, the provisions of this chapter shall be construed so as to avoid conflict with other provisions of law. The invalidity of any provision of this chapter shall not affect the remaining provisions of this chapter.

§ 28-5 Definitions; word usage.

A. 
Any term not otherwise defined herein shall be given its ordinary denotative meaning.
B. 
The term "shall" implicates a mandatory obligation, and the term "may" implicates a discretionary power. The masculine shall include the feminine.
C. 
As used in this chapter, the following terms shall be defined as herein set forth:
BOROUGH
The Borough of Milford in the County of Hunterdon and State of New Jersey.
CLERK
The Borough Clerk, or the person acting in such capacity.
COMMISSIONER
The Council member assigned to oversee and coordinate each department of the Borough, or the person acting for such member.
COUNCIL
The Mayor and Common Council of the Borough.
DEPARTMENT
Any established division of the Borough established by ordinance or resolution of the Council.
DEPARTMENT HEAD
The person designated by the commissioner to oversee the day-to-day functioning of a department, or the person acting for such person.
DISCHARGE
The dismissal of an employee for disciplinary reasons or for cause related to job performance.
EMPLOYEE
Any person hired to perform a specific task or group of tasks for the Borough, excluding public officers and public officials, as defined in Chapter 3, Administration of Government.
EMPLOYEE, FULL-TIME
An employee engaged in employment for that number of hours which make up the regular workweek as set forth in this chapter.
EMPLOYEE, PART-TIME
An employee engaged in employment for less than the number of hours which make up the regular workweek as set forth in this chapter.
EMPLOYEE, TEMPORARY, CASUAL OR EXTRA
Any employee engaged in employment during an emergency situation for a short duration or in a temporary position of not more than four months' duration and compensated on an hourly basis. A temporary, casual or extra employee may be employed on a full-time or part-time basis, as determined at the time of hiring.
EMPLOYMENT
Any public position created by the Borough to be filled by an employee.
POSITION, FULL-TIME PERMANENT
Any employment created by the Borough to be filled by a full-time employee, which employment is to continue for an indefinite period.
POSITION, PART-TIME PERMANENT
Any employment created by the Borough to be filled by a part-time employee, which employment is to continue for an indefinite period.
TERMINATION
The dismissal of an employee for any reason unrelated to discipline or job performance.

§ 28-6 Creation of new positions.

The Council must create, by ordinance or resolution, any new position, including the salary range for such position, and authorize the filling of such position. Additionally, there must be provided in the proper current budget account specific and adequate funds to compensate the employee, and if a permanent full-time or permanent part-time position is created, the salary or salary range shall be set forth in the current Salary Ordinance.[1]
[1]
Editor's Note: The current Salary Ordinance is on file at the office of the Borough Clerk.

§ 28-7 Hiring.

A. 
Whenever a vacancy occurs in an existing position or a new position is created, Borough employees will be advised in order that those who believe themselves qualified may apply for the same if they so desire.
B. 
Vacancies for full-time permanent positions shall be advertised in an official newspaper by the Clerk, with an application deadline date specified, when qualified applicants are not available within the ranks of current employees.
C. 
An application for employment form, obtained from the office of the Clerk, shall be completed by each person applying for a position with the Borough. Said application shall be completed in the presence of the Clerk or his designee.
D. 
If, from the information appearing on the application, the applicant appears to be qualified, the commissioner or the Council itself or members thereof, as determined by the Council, shall interview him, and if satisfied, as a result of such interview, that the applicant meets the qualifications for the employment, the commissioner or the Council shall conduct a reference investigation and check of his previous employment.
E. 
All prospective employees shall be required to pass a criminal background check and physical examination, including urinalysis to test for the presence of drugs and/or alcohol.
F. 
The Council may, in addition to the physical herein, require that the applicant undertake performance tests or other examinations relating to the nature of the employment sought by the applicant.
G. 
Following a favorable report on the physical examination, drug and alcohol testing, criminal background check, and any other required examination(s), if any, the appointment of the applicant shall be referred to the Council for final action, which shall include the determination of the amount of salary to be offered. The Council may require the applicant to appear before the Council for a final interview before hiring.
H. 
If approved by the Council, the Clerk shall advise the applicant, advising him of his starting date and time and arranging for him to report to his work station to complete the necessary employment formalities.
I. 
The Clerk or department head shall check all papers for completeness and set up a personnel history file for the employee.
J. 
Each new employee shall be considered as being on trial or probation for the first six months of employment or such period as may be specified by law or other action of the Council. Such employee shall be advised of his probationary status at the time of this appointment. During the probationary period, the provisions of § 28-19 shall not be applicable.

§ 28-8 Working hours.

A. 
Hours of work shall be as specified by the department head with the approval of the Council, and the same may be changed from time to time as circumstances warrant.
B. 
To the extent practicable, the workweek shall consist of five consecutive workdays.
C. 
The normal workday shall consist of eight hours, and the normal workweek shall consist of 40 hours. These shall be subject to revision due to emergency or other circumstances.
D. 
The normal schedule shall include an unpaid lunch or other meal period during the mid portion of the workday. The lunch period shall be of a length to be established by the department head with the approval of the Council but shall in no case be shorter than 1/2 hour in duration.

§ 28-9 Overtime.

A. 
All full-time employees shall be compensated at a rate of 1.5 times their prorated salary for all hours worked within a twenty-four-hour period over their regularly scheduled workday of eight hours.
B. 
With the exception of an emergency, all overtime shall be approved in advance by the department head or commissioner. No employee shall be compelled to accept overtime or to work overtime except in the case of an emergency declared by the department head, commissioner or Mayor.

§ 28-10 Attendance records and time sheets.

A. 
Accurate and complete time and attendance records shall be maintained by each department.
B. 
Each employee shall submit to the department head or commissioner a completed time sheet that accurately reflects both time and attendance. The form to be used shall be determined by the department head or commissioner and approved by the Council.
C. 
Time sheets shall be submitted on the first workday following the end of the last workday of the preceding workweek. As an example, an employee shall usually submit time sheets each Monday containing the information for the preceding workweek.
D. 
The submission of inaccurate or falsified time sheets shall be grounds for discipline.

§ 28-11 Tardiness.

A. 
All employees shall be at their assigned posts, in uniform if required or otherwise provided and ready for work, as specified by the department head or commissioner, at the commencement of each workday.
B. 
Whenever an employee is delayed in reporting for work as scheduled, he shall contact the department head or commissioner in advance.
C. 
A record of all tardiness shall be maintained by the department head or commissioner and may be charged against pay or vacation leave if the lateness become excessive. For purposes of this subsection, "excessive lateness" shall be defined as more than two separate occurrences within the same calendar month.

§ 28-12 Leave.

A. 
Injury. A full-time permanent employee who is disabled due to a job-related injury or disease, if approved by the department head or commissioner and the Council, shall be granted a leave of absence, provided that such employee receives workers' compensation. Such leave shall be granted only upon the submission of medical proof and shall correspond to the term of the workers' compensation award for temporary disability.
B. 
Jury duty. Any employee summoned for jury duty shall notify the department head or commissioner. The employee shall be granted the requested time off with pay, providing proof of jury attendance is provided.
C. 
Pregnancy leave. Any full-time permanent employee shall, upon submission of medical evidence and with the approval of the department head and the Council, be entitled to pregnancy disability leave of a length to be determined by the Council.
D. 
Military leave. Any full-time permanent employee who enters or is called into active military service in the time of war or other emergency shall be granted a leave of absence without pay for the period of such service. An employee who voluntarily continues such service beyond the period when he may be released shall be deemed to have resigned. A full-time permanent employee who is a member of the National Guard or a reserve unit of the United States Armed Forces who is required to undergo annual training or active duty shall be granted a leave of absence with or without pay, as provided by regulation.
E. 
Sick leave.
(1) 
New full-time permanent employees shall accrue sick leave at the rate of 1/2 day per month until the January next following their hiring. Full-time permanent employees shall receive six days' sick leave per year. Sick leave is credited in advance at the beginning of the year in anticipation of continued employment for the full year. If an employee's service is terminated prior to the completion of a calendar year, sick leave shall be prorated at the rate of 1/2 day per month. If any employee has used more sick days than proportionately allocated, the cash value of such excess shall be withheld from the employee's final salary payment. Unused sick leave shall be prorated and compensated upon termination of service. Unused sick leave shall not be accumulated from year to year; the same shall be prorated and compensated at the end of each calendar year.
(2) 
Any illness extending beyond two consecutive calendar days shall be substantiated by a doctor's certification. If more than four days of sick leave are utilized by any employee within the same calendar year, a doctor's certification shall be required for each day taken after the fourth day.
(3) 
Sick leave may be taken in one-half-day increments.
(4) 
Use of sick leave for any purpose other than personal illness, family illness or medical appointments may be deemed an abuse of sick leave and may result in disciplinary action. Sick leave shall not be used as vacation leave.
F. 
Bereavement leave. In the event of a death in an employee's immediate family (parent, sibling, child or spouse), the commissioner responsible for the employee's department may grant leave with pay, for a period not to exceed three days, for bereavement.
G. 
Personal leave. Full-time permanent employees shall receive two personal days' leave each year. The use of these days shall be arranged whenever possible within 24 hours in advance with the department head or commissioner. Personal leave shall not accumulate, and unused personal leave shall not be compensated. Personal leave shall be taken in whole-day or half-day increments.

§ 28-13 Vacations.

A. 
A full-time permanent employee shall be entitled to vacation leave. Vacation leave shall be credited in advance at the beginning of the calendar year in anticipation of continued employment of the full year. If a full-time permanent employee is dismissed prior to the completion of the calendar year, vacation leave shall be prorated for the purposes of compensation as set forth herein. If an employee has used more vacation leave than proportionally allotted at the time of his dismissal, the cash value of such excess vacation shall be withheld from the employee's final check. New full-time permanent employees shall not accrue vacation leave during the first calendar year of employment.
B. 
Unused vacation leave shall not accumulate from year to year. Unused vacation leave for the current year will be compensated upon retirement, resignation or termination of service at the employee's daily rate times the unused vacation leave. Unused vacation leave shall not be compensated at the end of each year.
C. 
Vacation leave shall be taken in whole-day or half-day units and shall be limited to three consecutive weeks unless specifically requested not less than three days in advance and approved by the department head or commissioner with the approval of the Council.
D. 
Vacation leave shall be approved in advance by the department head or commissioner. There shall be seven days' advance notice for four days and over and three days' advance notice for three days or less.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
E. 
Vacation leave shall not be used as sick leave, unless all sick leave is exhausted and a physician notice is filed with the Borough Clerk.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
F. 
Full-time permanent employees shall receive paid vacation leave as follows:
(1) 
One week (five working days), but not more than 40 hours, within the year of the first-year anniversary.
(2) 
Two weeks (10 working days), but not more than 80 hours, within the second- to fourth-year anniversary.
(3) 
Three weeks (15 working days), but not more than 120 hours, within the fifth- to tenth-year anniversary.
(4) 
Four weeks (20 working days), but not more than 160 hours, within the eleventh- to nineteenth-year anniversary.
(5) 
Five weeks (25 working days), but not more than 200 hours, within the twentieth- to twenty-fifth-year anniversary.
(6) 
An additional vacation day will be added for each year of service starting with the 26th anniversary year, up to a maximum of 10 days.
G. 
If an official holiday, entitling an employee to a day off with pay, falls during an employee's scheduled vacation period, an additional day of vacation shall be granted in lieu of the holiday.
H. 
Part-time employees and temporary, casual and extra employees shall not receive vacation leave.

§ 28-14 Absences.

A. 
It is the duty of each employee to report to work on each working day, unless he is excused from working or is on leave as set forth in §§ 28-12 and 28-13. Failing to report for work when assigned or being absent without leave or authorization shall be grounds for disciplinary action.
B. 
It is the duty of each employee to advise the department head, the commissioner, the Clerk or Certified Public Works Manager if he will be absent from work. Failing to advise when absent shall be grounds for disciplinary action.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
C. 
Once an employee has reported to work, he is expected to remain at his post for the entire working day. Departure from his post without leave shall be grounds for disciplinary action. If, due to illness or other cause, an employee must necessarily leave his post prior to the end of the working day, he shall obtain the authorization of the department head or commissioner before departing, except in cases of a bona fide emergency.

§ 28-15 Holidays.

A. 
The Borough shall observe the following official paid holidays. Offices shall be closed and normal operations suspended on:
(1) 
New Year's Day.
(2) 
Presidents Day.
(3) 
Good Friday.
(4) 
Memorial Day.
(5) 
Independence Day.
(6) 
Labor Day.
(7) 
Columbus Day.
(8) 
Veterans Day.
(9) 
Thanksgiving Day.
(10) 
Christmas Day.
(11) 
Day after Thanksgiving.
(12) 
Martin Luther King, Jr., Day.
B. 
The Council may, from time to time, authorize additional official paid holidays.
C. 
Full-time permanent employees who are required to work on an official holiday shall be compensated at the rate of 1.5 times their normal hourly rate.
D. 
Holidays which fall on a Saturday shall be celebrated on the preceding Friday. Holidays which fall on a Sunday shall be celebrated on the following Monday. Any employee whose day off shall fall on a holiday shall be granted an additional day's leave.

§ 28-16 Compensation.

All employees shall be compensated as provided in the current Salary Ordinance.[1] All newly hired employees will be compensated after two weeks of employment.
[1]
Editor's Note: The current Salary Ordinance is on file at the office of the Borough Clerk.

§ 28-17 Performance assessment review.

Each full-time permanent employee shall receive a performance assessment during the month of December of each calendar year. The assessment shall review work performance, ability, attendance, tardiness and other pertinent factors. The assessment shall also make recommendations governing needed areas of improvement and may also recommend the extent of any raise which the Council may consider for such employee. The performance assessment review shall be conducted by the department head and/or commissioner and shall be in such form as determined by the Council. The performance assessment review shall be given to the employee and shall become a permanent part of his personnel file.

§ 28-18 Grievance procedure.

Whenever an employee believes that there has been a misinterpretation of the provisions of this chapter or that the same have been applied improperly, he shall, in writing to the department head or the commissioner, state the nature of his grievance. Upon receipt of such a grievance, the department head or commissioner shall meet with the employee in an effort to resolve the same and shall, after the meeting and review, render a written response. If the employee is dissatisfied with the response, he may request a review by the Council. All determinations by the Council shall be final, except as provided by law.

§ 28-19 Employee benefits.

A. 
The Borough shall provide to all full-time permanent employees, in a form to be determined by Council, group medical insurance coverage. All such employees shall be enrolled in the Public Employees Retirement System (PERS).
B. 
The Borough shall provide to all full-time permanent employees in the Water Department, Sewer Utility and Department of Public Works a yearly allowance to include steel-tipped safety shoes or any other work-related items not supplied by the Borough upon receipt and approval of the department head or commissioner. The Borough will supply a safety winter jacket and five orange- or lime-colored tee shirts each year at no cost to the employee.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
C. 
Part-time, temporary, casual or extra employees shall not be authorized to receive benefits under this section.

§ 28-20 Discipline and discharge.

A. 
The purpose of this section and the provisions herein is to guide the Council, commissioners and department heads and to provide a standardized framework for dealing with matters of employee discipline for infraction of rules and other misconduct. Nothing herein shall be construed as a contract of employment or in any other way to change the at-will status of the Borough employees.
B. 
Grounds for discipline or discharge. An employee may be subject to discipline or discharge for any of the following causes:
(1) 
A violation of any of the provisions of §§ 28-10 through 28-15 for which disciplinary action is noted.
(2) 
Insubordination or the failure or refusal to perform duties as directed by the department head or commissioner, including the failure or refusal to wear uniforms or safety shoes.
(3) 
The commission of an offense involving moral turpitude touching upon the employee's public duty or position.
(4) 
Willful damage or neglect of Borough equipment or other property or gross negligence in the use and care of the same.
(5) 
Malfeasance, impropriety or a violation of law.
(6) 
Dereliction of duty or indolence.
(7) 
Disloyalty.
(8) 
Fighting or noncooperation with the public or other employees.
(9) 
Any other act or omission touching upon the employee's public duty or position which causes injury or threatens potential injury to the Borough, the public or other employees, which interferes with the conduct of the Borough's work and business, which causes the Borough to be compromised financially or in any other significant way or which otherwise adversely reflects upon the employee's fitness to continue in the Borough's employ.
C. 
In the event that any violation of § 28-19B is noted, the Council, the commissioner or the department head responsible for the affected employee may institute disciplinary proceedings.
D. 
In the event that the infraction is not deemed serious, the department head shall be notified of the infraction, and the department head shall issue a verbal warning to the employee. No formal record of such warning shall be maintained.
E. 
In the event that the infraction is repeated or continues, the department head shall issue a written warning, on a form to be approved by the Council, to the employee. Such written warning shall remain a part of the employee's permanent personnel record but shall be deemed expunged after one year from the date of issuance if no further disciplinary actions have been taken.
F. 
In the event that the infraction is deemed serious or in the event that the infraction persists after a written warning, the Council or the commissioner on notice to the Council may issue a disciplinary notice, on a form to be approved by the Council, to the employee recommending disciplinary action. Such action may include but not be limited to:
(1) 
Suspension without pay for a period of time to be determined by the commissioner.
(2) 
Reduction in grade.
(3) 
Withholding of a salary increase or decrease in salary.
(4) 
Deduction of cost from salary.
(5) 
Discharge.
G. 
In the event of the issuance of a written warning, the employee may request a hearing before the Council to explain his position. In the event of the issuance of a disciplinary notice, the employee shall be called before the Council for a hearing. All such proceedings shall be conducted in executive session, and the Clerk shall record such proceedings and place a copy thereof in the employee's permanent file.
H. 
An infraction shall be deemed serious if it:
(1) 
Constitutes a criminal act or the violation of law.
(2) 
Causes the interruption of a vital public service.
(3) 
Causes the Borough to suffer a pecuniary loss in excess of $500.
(4) 
Constitutes the repetition of conduct for which the employee has been warned on at least three separate occasions within the same calendar year, provided that at least one such warning has been in writing.
(5) 
Is deemed to be serious by the Council or commissioner, in which case the reason for such determination shall be set forth.
I. 
In the event that a disciplinary notice is issued to any employee, the discipline noted shall not be imposed until after the hearing before the Council, unless, in the case of suspension, the commissioner deems immediate action to be necessary. In that event, the suspension shall be effective as determined by the commissioner, but if, after the hearing, the Council determines that such suspension was not warranted, the employee shall receive at his next pay period all pay withheld.
J. 
An employee discharged hereunder shall receive payment for his unused vacation but shall receive no income assistance, pay in lieu of notice, accumulated or unused sick time, prorated vacation or continuation of medical insurance coverage except as available through conversion or as required by law, nor shall such employee be eligible to be rehired by the Borough.

§ 28-21 Resignation; retirement; termination.

A. 
Any employee desiring to resign his employment or to retire shall give the Council 30 days' notice, in writing, of his intention to do so.
B. 
Any employee who resigns or retires during a calendar year shall receive compensation for unused sick days and accrued vacation for the current year as set forth in §§ 28-12E and 28-13, respectively.
C. 
The Council retains, at all times, the right to determine its staffing needs in all departments of the Borough. In the event that the Council determines, for any reason, to reduce staffing levels in any department and to terminate any employee in the process, it shall do so by resolution. Any such termination shall be effective 30 days after the adoption of the resolution, unless a different date is specified. In the event that an employee is terminated pursuant to this subsection, he shall receive compensation as set forth in Subsection B of this section, and in the event that the Borough determines to refill the position within one year of the date of termination, the employee so terminated shall be given the right of first refusal for rehiring.

§ 28-22 Miscellaneous provisions.

A. 
Any employee hired in any department may, as the need arises and with the consent of the department head and commissioner, be assigned to assist or serve in any other department, except as may be forbidden by law. The failure or refusal of an employee to accept such reassignment, without justification, may be deemed insubordination.
B. 
All employees required by law to do so shall file such ethics and disclosure statements as may be required by law.
C. 
The provisions of this chapter may, at any time, be amended, supplemented or repealed, and no employee shall be deemed to have acquired or to acquire a vested right to any provision or benefit herein.
D. 
The Council or any commissioner or department head may implement any additional rules or policies as may be necessary or desirable, provided that the same do not conflict with the provisions of this chapter, and further provided that such rules or policies are reduced to writing, filed with the Clerk, given personally to each affected employee and posted in the department affected thereby prior to the effective date of such rules or policies.
E. 
Within 15 days of the effective date of this chapter, a copy hereof shall be given to every current employee of the Borough. Thereafter, a copy hereof shall be given to each new employee upon his hiring. Any changes herein shall be given to the employees within 15 days of the effective date of such change.
F. 
All employees shall be entitled to indemnification, as provided in Chapter 7, Defense and Indemnification.
G. 
Any employee who must necessarily expend personal funds or utilize his personal vehicle for the performance of these employment duties shall, upon the presentation of a voucher and receipts therefor, be entitled to reimbursement of such expenditure or use. Except in case of emergency, no such expenditure or use shall be incurred without the prior consent of the department head or commissioner. Use of a personal vehicle shall be compensated at a rate to be fixed by the Council by resolution.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 28-23 Applicability; transitional provisions.

A. 
All present and future employees of the Borough shall be governed by the provisions of this chapter.
B. 
Notwithstanding the foregoing, any employee employed on or before June 1, 1992, who has accrued sick leave for the years 1991 and prior shall be entitled to retain those days and not forfeit the same. Such employee may utilize those days so accrued as needed, subject to the provisions of § 28-12, or may, if any remain at the time of such employee's resignation, termination or retirement, elect to receive compensation therefor. For the year 1992 and all subsequent years, such employee shall not accumulate such sick days but shall be compensated therefor annually as provided in § 28-12.

§ 28-24 Call-in policy.

When called after normal working hours for an emergency call, the employee will be paid at the rate of 1 1/2 times his normal hourly rate for a minimum of four hours. Any repeat calls within the minimum four hours will be covered under the initial four hours. Any calls after the original four hours will be charged again as stated above.

§ 28-25 Department of Public Works personnel.

A. 
Between December 1 and March 31, all Department of Public Works personnel must be available for any weather-related emergency, including but not limited to snowplowing and the treatment of sleet and ice upon the Borough's streets.
B. 
Department of Public Works personnel are permitted to utilize seven vacation days between December 1 and March 31, provided that said employee requests, in writing, authorization for said vacation from either the Department of Public Works head or Certified Public Works Manager at least seven days prior to the commencement of said vacation. Failure to comply with this procedure shall result in the employee being penalized for time off without vacation or regular pay.