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Board of Aldermen 12-26-2018 Page 10

Alderman Dowd

Just to make a clarification when | was talking about the union contracts | was thinking if we develop a
policy it is from this point forward, except for the unaffiliated which aren’t on the union contract. If they
union voted to come back to us with their contact, it opens up every bit of the contract to renegotiation and
they could lose more than they gain. As far as the sick leave, that is a cost item, so we have control of
that, we can’t make changes to the policy but if it comes through and it is not what we like or it is not in
accordance with what the Committee comes up with going forward, for the next iteration of the contract,
we turn the contract down. It goes back to the bargaining unit and they know why it got turned down and
they either get in line or they don’t.

If the referral vote goes around | will vote for re-referral so we can try to get a path going forward, if the
referral is turned down | will vote to overturn the Mayor's veto.

Alderman Tencza

Madam President, just a question for either Madam President or Alderman Dowd. These budget line
items for the payout upon retirement, the sick leave payout, those are part of the School, Fire and Police
Budget, it doesn’t come out of the general City fund?

Alderman Dowd

Right, it is when they do their budgeting and they have to allocate the funds that they will have to pay out,
it is part of their budgeting. Because they have to have the money to cover the contract that was
approved.

Alderman Lopez

| just wanted to comment that with regards to the unaffiliated employees who are the ones we are actually
voting on, this might actually move us forward because it says in the legislation they have 20 days to make
their decision, then we will have made the decision for all of the outlying. So with regards to unaffiliated
we will have set a policy and a line in the sand — ok we did this, we did that, you got this, and you got that.
And then, again, it comes back to us as Aldermen that we can’t just let contracts go by and thumbs up
them all; we have to consider the ramifications and this is a pretty good case in point that if certain
conditions are put in there that we think are going to open the door to a whole bunch of other issues, then
we need to be aware of that.

President Wilshire
The Motion before us is to re-refer.
Alderman Jette

| would just like to say that when this came before us the last time, | made a plea to go back to the original
legislation which was to give the people who were hired prior to 2001what they had earned up until that
time. The argument was that this was unfair to them because it went back retroactively 6 years and took
away from them what they had earned up until 2001. So | was in favor of correcting that inequity, that
unfairness by giving them what they had earned up until 2001, but then from 2001 forward they would be
subject to the new policy. That failed, and what was adopted was not only to provide these people with
what they had earned up to 2001 but to allow them from 2001 forward to accumulate up to 720 days of
sick leave and cash that out at 100%. | understand that the argument was that when they were hired, they
were offered this benefit, but | think the City had the right in 2001 to change that policy, they shouldn’t
have gone back retroactively but from then on, but they should have given those people what they had
earned up until that point in time but now this legislation gives them the ability to earn 720 hours and cash
that out at 100% after 2001.

Board of Aldermen 12-26-2018 Page 11

Some of the people that are included in this group had a balance of zero of accumulated unused sick time;
so they are getting with this new legislation they are getting a lot more than what they had earned up until
that point in time. They are getting the benefit of this new, the ability to accumulate another 720 hours and
get that cashed out. So | think that it would be beneficial for us to re-refer this back to the Committee and
these arguments can be made and | want to point out to the people who want to over-ride the veto, you
need 10 votes and there are a few absences here tonight. So you may not get the 10 votes, but if you re-
refer it back to the Committee, you get a chance to fight another day sort to speak and we reconsider all
these arguments.

President Wilshire

| don’t think there are any new arguments in my opinion Alderman Jette. Is there further discussion on the
Motion to Re-Refer.

Alderman Caron

| just want to clarify Alderman Jette’s comments about the sick leave. The amendment was, we brought
the amendment in to the Personnel Committee but we got a letter from the Personnel Advisory Board
saying that amount, those people should have never been denied their continuation of their 720 hours.
But if you could look at an employee’s sick time now, if there is an employee there that has 2,000 hours,
and they agree that they want to go back to what it was prior to 2001, they don’t get any more than 720
hours. They don’t get anything from prior to 2001 whatever they had, they can only get 720 hours.

Anyone who has no sick time, they have nothing; we are not giving them anything that they haven’t
earned. It is those people with the hours that they have accumulated now, but they can’t carry any more
than 720 hours. Now whether they retire with 720 hours, that is a whole other issue because they can’t
keep accumulating, they have to use it or they lose it constantly, it is a constant. So | just want you to
understand that, because if you look at someone’s sick time at this point in time, if they have over 720
hours they are not going to get any more than 720 hours period. And then they have to take some time off
in order to get to that max, that is the max you can hold at any given time. It’s not like vacation where you
can carry X amount before you lose it, but you will lose it if it is not being used because you are ill or what
have you. So just so that we understand that.

I’m sorry, | think we have taken this 3 times, we have taken it back to the boards, we have listened to the
professional group from the Personnel Advisory Board, and | think at this point and | understand we are
short a couple of people Alderman Jette, but we have to make a decision one way or another. We can’t
keep holding this group of people, 11 people, up any longer. So as much as | am disappointed that we
are missing people, we just, we need to move on.

Alderwoman Melizzi-Golja

| would just, to comment on Alderman Jette’s comment about someone having zero sick hours in 2001. |
don’t think we can say — oh they had zero and now they are going to have this option because they may
have had zero because they had a serious illness or their child was sick or for whatever other health-
related need they had. So | don’t think we can say — well we are giving someone who had nothing the
opportunity to have something because we don’t know the history behind that and | don’t really think that
is for us to deal with. That is their personal information and | don’t think you can just say — oh they abused
their sick time and they were using it to go away 2 days early before Christmas or take a long weekend or
whatever. That individual may have personally or had someone in their family who had a health issue. So
| don’t think we can start looking and making those assumptions based on the numbers that were there.
Thank you.

President Wilshire

The Motion is to re-refer.

Board of Aldermen 12-26-2018 Page 12

Alderman Jette

| just want to respond, | never said any of those things. Those assumptions are assumptions that you
apparently are making, not.

Alderwoman Melizzi-Golja

And if | may but you pointed out one person had zero hours and now they could accumulate, so | think
people can, and | didn’t say you said that, | think people listening tonight could say — oh someone had
zero hours and now we are giving them something. And | just don’t want people going down the path that
we may be giving someone something. They may have zero hours because there is a legitimate reason
for them to have used their health time. So | am not saying that you said that, I’m saying other people
may make that assumption, so | think we need to be careful.

Alderman Jette

So if | could just clarify, what | said and what | meant was that | think it is unfair to have gone back 6 years
and taken away from people what they had earned up until 2001. But! do think it is fair going forward,
after 2001, to in exchange for giving them an unlimited amount of sick leave which they have to earn at a
rate of | think it is 13 days a year but going forward, they can accumulate an unlimited amount of sick time,
but when they retire, they are limited to a cash payout of only 20% of that. And | was just pointing out that
there were some people in this group who as of 2001 had no unused sick time and so going forward, so
they didn’t lose anything when the policy was changed. They have the right after 2001 to accumulate and
most of them have accumulated sick leave time which they can use, it is unlimited, but when they retire
they can only cash it out at 20%.

Alderman Lopez

| just want to observe that if the Mayor’s veto stands, that is the only way nobody gets anything, it would
eliminate both the ordinance and the amendment. With the amendment that we added the difference is
that the employees who were affected can choose whether they want the current benefit reimbursement or
the previous one. Because some of them actually don’t want 100% of 720, they are using their sick leave
as a potential back up against longer term illness. So we are still talking about whether or not we are
going to re-refer that, but | just wanted to clarify that the only way if we don’t re-refer it, that all of the
employees continue to live in unjust situation is if the Mayor’s veto stands.

President Wilshire

The Motion before us is to re-refer, further discussion on that Motion? Seeing none, would the Clerk
please call the roll.

A viva voce roll call was taken which resulted as follows:

Yea: Ald. O’Brien, Ald. Dowd, Ald. Laws,
Ald. Jette, Ald. Tencza, 05

Nay: Ald. Lopez, Ald. Caron, Ald. Kelly
Ald. Melizzi-Golja, Ald. Schmidt, Ald. Wilshire 06

MOTION FAILED

Board of Aldermen 12-26-2018 Page 13
President Wilshire

So the Motion before us is to override. Any further discussion? Seeing none, would the Clerk please call
the roll?

Yea: Ald. O’Brien, Ald. Dowd, Ald. Laws
Ald. Lopez, Ald. Caron, Alderwoman Kelly,
Ald. Melizzi-Golja, Ald. Tencza, Ald. Schmidt, 10
Alderman Wilshire

Nay: Ald. Jette 1

UNFINISHED BUSINESS — ORDINANCES — None

NEW BUSINESS — RESOLUTIONS

R-18-100
Endorser: Alderman Richard A. Dowd
Alderman Jan Schmidt
Alderwoman Mary Ann Melizzi-Golja
Alderman June M. Caron
Alderman Tom Lopez
Alderman-at-Large Michael B. O’Brien
Alderwoman-at-Large Shoshanna Kelly
CHANGING THE PURPOSE OF UP TO FIFTY THOUSAND DOLLARS ($50,000) OF
UNEXPENDED BOND PROCEEDS FROM THE LED STREET LIGHTING PROJECT
TO THE DISTRICT-WIDE MIDDLE SCHOOLS RENOVATION AND CONSTRUCTION
PROJECT FOR FUNDING ENGINEERING AND ARCHITECTURAL SERVICES
Given its first reading;

There being no objection, President Wilshire accepted the first reading of R-18-100, assigned it to
the Budget Review Committee and scheduled a public hearing for Thursday, January 17, 2019, at
7:00 p.m. in the Aldermanic Chamber.

R-18-101
Endorser: Mayor Jim Donchess
Alderman June M. Caron
Alderman Tom Lopez
Alderman-at-Large Michael B. O’Brien
AMENDING THE FY2019 HUD ANNUAL ACTION PLAN BY REPROGRAMMING EXISTING
FUNDS TO “E FOR ALL”
Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE by President Wilshire

R-18-102
Endorser: Alderman-at-Large Lori Wilshire
Alderman-at-Large Michael B. O’Brien
Alderman Richard A. Dowd
Alderman-at-Large Brandon Michael Laws
Alderman Jan Schmidt
APPROVING THE COST ITEMS OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN
THE NASHUA BOARD OF POLICE COMMISSIONERS AND UFPO LOCAL 645 PROFESSIONAL
EMPLOYEES OF THE NASHUA POLICE DEPARTMENT FROM JULY 1, 2018 THROUGH JUNE 30,
2022, AND AUTHORIZING RELATED TRANSFERS
Given its first reading; assigned to the BUDGET REVIEW COMMITTEE by President Wilshire

Board of Aldermen 12-26-2018 Page 14

NEW BUSINESS — ORDINANCES

O-18-031
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman June M. Caron
Alderman Tom Lopez
Alderman-at-Large Brandon Michael Laws
Alderman Richard A. Dowd
Alderman-at-Large Lori Wilshire
INCREASING THE PURCHASING THRESHOLD FOR FINANCE COMMITTEE APPROVAL FROM
$10,000 TO $25,000
Given its first reading; assigned to the PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE by
President Wilshire

O-18-032
Endorser: Alderman Jan Schmidt
Alderman Richard A. Dowd
Alderwoman Mary Ann Melizzi-Golja
Alderwoman-at-Large Shoshanna Kelly
Alderman Tom Lopez
Alderman-at-Large Lori Wilshire
AUTHORIZING STOP SIGNS AND RIGHT AND LEFT TURN ONLY LANES AT THE
INTERSECTION OF PINE HILL ROAD AND CHARRON AVENUE
Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President Wilshire

O-18-033
Endorser: Alderman Richard A. Dowd
Alderman Tom Lopez
AMENDING THE LAND USE CODE USE MATRIX REGARDING SELF-STORAGE FACILITIES
AND SANITARY LANDFILLS
Given its first reading;

There being no objection, President Wilshire accepted the first reading of O-18-033, assigned it to
the Planning and Economic Development Committee and the Nashua City Planning Board and
scheduled a public hearing for Tuesday, January 15, 2019, at 7:00 p.m. in the Aldermanic Chamber.

O-18-034
Endorser: Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large Michael O’Brien
Alderman-at-Large Brandon Michael Laws
Alderman Tom Lopez
Alderman Jan Schmidt
Alderwoman-at-Large Shoshanna Kelly
DESIGNATING PARKING ON CHESTNUT STREET FOR FIRE DEPARTMENT EMPLOYEES
Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President Wilshire

PERIOD FOR GENERAL PUBLIC COMMENT - None

REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN

Alderman O’Brien

| just would like to wish the citizens Happy New Year and the best to the City as we start off next time we
will see you is a year from now | guess. So there you go. And | also would like to express my condolences

Board of Aldermen 12-26-2018 Page 15

to the Stansfield family. | have worked with Jill, a great employee, being on Infrastructure. So it is a tough
time to lose a parent. So my thoughts are with the family.

Alderman Dowd

| would want to wish everyone a Happy and Safe New Year as we go through the Holiday Season.

Alderman Lopez

| wanted to express my condolences to the Stansfield Family as well. As Alderman O’Brien said it is very
difficult to go through the Holidays with that kind of a personal loss. So my best wishes are with them.
And then | also wanted to remind everybody about basic fire safety as it gets colder, we have had a
number of fires popping up and I’m sure Alderman O’Brien would agree. Just make sure that you are
keeping your exits clear, your hallways uncluttered and you are being mindful of your heat sources. If
anybody out there thinks that heating their house with an open oven is a good idea; it is not.

Alderman Caron
Thank you | too would like to send my condolences out to Jill’s family and also to wish everyone a Happy
and Safe New Year. And | thank you for finally putting the Ordinance, piece of legislation to rest and we

can move forward. We don’t always disagree, but sometimes we have to and we have to make a stand
and do what we feel is right and move forward from there. And it is never anything personal, thank you.

Alderwoman Kelly

I'll Keep it short, | just wanted to say Happy New Year to everyone, | hope you had a Happy Holiday before
and we will see you in 2019.

Alderwoman Melizzi-Golja

Yes | would also like to give my condolences to the Stansfield Family. And also the family of Lou Phaneuf,
Lou was an employee at Lockheed Martin and then BAE and he was also a member of our local Elks.
And he died recently.

And to the new Board Members your first year is up, so congratulations. And we will see you in the New
Year and best wishes to everyone for a Happy New Year.

President Wilshire
I'd like to also to send my condolences to the Stansfield family on their loss.
Committee announcements:

Alderwoman Melizzi-Golja

Strategic Planning will be January 3, 7:00 p.m. and we are in Room 208. Thank you.
ADJOURNMENT
MOTION BY ALDERMAN O’BRIEN THAT THE DECEMBER 26, 2018 MEETING OF THE BOARD OF

ALDERMEN BE ADJOURNED
MOTION CARRIED

The meeting was declared adjourned at 8:28 p.m.
Attest: Patricia D. Piecuch City Clerk

AGENDA MEETING OF THE BOARD OF ALDERMEN DECEMBER 26, 2018

1. PRESIDENT LORI WILSHIRE CALLS ASSEMBLY TO ORDER
2. PRAYER OFFERED BY CITY CLERK PATRICIA PIECUCH
3. PLEDGE TO THE FLAG LED BY ALDERMAN PATRICIA KLEE
4. ROLL CALL
5. REMARKS BY THE MAYOR
6. RESPONSE TO REMARKS OF THE MAYOR
7. RECOGNITIONS
8. READING OF MINUTES OF PREVIOUS MEETINGS
Board of Aldermen ...... 0.0... .cc cee eee eee cee eee tee eet teeter eee eettettetsteetstteerseeeee 12/11/2018

9. COMMUNICATIONS REQUIRING ONLY PROCEDURAL ACTIONS AND WRITTEN REPORTS
FROM LIAISONS

From: Mayor Jim Donchess
Re: Veto of R-18-066

9(a). PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON
THIS EVENING

9(b). COMMUNICATIONS REQUIRING FINAL APPROVAL
10. PETITIONS
11. NOMINATIONS, APPOINTMENTS AND ELECTIONS
12. REPORTS OF COMMITTEE
Human Affairs Committee...... 00.0.0... ice cee eee ttt tettttttteteeeseeeeee = 12/10/2018
13. CONFIRMATION OF MAYOR'S APPOINTMENTS
UNFINISHED BUSINESS — RESOLUTIONS

R-18-073, Amended
Endorsers: Alderman-at-Large Brian S. McCarthy
Alderwoman-at-Large Shoshanna Kelly
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Jan Schmidt
Alderman Tom Lopez
Alderman-at-Large Brandon Michael Laws
Alderwoman Mary Ann Melizzi-Golja
PROPOSING AN AMENDMENT TO THE CITY CHARTER RELATIVE TO FILLING VACANCIES ON
ELECTED BOARDS BY MAJORITY VOTE OF THE REMAINING MEMBERS OF THAT BOARD
e Amended and Tabled pending scheduling Public Hrg — 12/11/2018

R-18-090
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Linda Harriott-Gathright
Alderman Richard A. Dowd
Alderman Patricia Klee
Alderman-at-Large Brandon Michael Laws
Alderman Tom Lopez
Alderman June M. Caron
Alderwoman-at-Large Shoshanna Kelly
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large David C. Tencza
Alderman Jan Schmidt
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $58,000 FROM THE STATE
OF NEW HAMPSHIRE DEPARTMENT OF JUSTICE INTO POLICE GRANT ACTIVITY “2019
VIOLENCE AGAINST WOMEN ACT (VAWA) GRANT PROGRAM” AND TO AUTHORIZE THE
TRANSFER OF MATCHING FUNDS
e Human Affairs Committee Recommends: Final Passage

R-18-091
Endorser: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Ken Gidge
Alderman Linda Harriott-Gathright
Alderman Patricia Klee
Alderman Tom Lopez
Alderman June M. Caron
Alderwoman-at-Large Shoshanna Kelly
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large David C. Tencza
Alderman Jan Schmidt
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $275,000 FROM THE STATE OF
NEW HAMPSHIRE DEPARTMENT OF TRANSPORTATION INTO TRANSIT GRANT ACTIVITY
“TRANSIT CAPITAL PROJECTS”
e Human Affairs Committee Recommends: Final Passage

R-18-095
Endorsers: Mayor Jim Donchess
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $119,100 FROM THE KRESGE
FOUNDATION INTO PUBLIC HEALTH AND COMMUNITY SERVICES GRANT ACTIVITY
“CREATING A CULTURE OF PREVENTION”
e Human Affairs Committee Recommends: Final Passage

R-18-066, Amended

Endorsers: Alderman-at-Large Lori Wilshire
Alderman June M. Caron
Alderman Patricia Klee
Alderman Linda Harriott-Gathright
Alderman-at-Large Brandon Michael Laws
Alderman Tom Lopez
Alderwoman-at-Large Shoshanna Kelly

RELATIVE TO ADDRESSING POSSIBLE INEQUITIES IN SICK LEAVE POLICY FOR

CERTAIN UNAFFILIATED EMPLOYEES

e Vetoed

UNFINISHED BUSINESS — ORDINANCES
NEW BUSINESS — RESOLUTIONS

R-18-100
Endorser: Alderman Richard A. Dowd
CHANGING THE PURPOSE OF UP TO FIFTY THOUSAND DOLLARS ($50,000) OF UNEXPENDED
BOND PROCEEDS FROM THE LED STREET LIGHTING PROJECT TO THE DISTRICT-WIDE MIDDLE
SCHOOLS RENOVATION AND CONSTRUCTION PROJECT FOR FUNDING ENGINEERING AND
ARCHITECTURAL SERVICES

R-18-101
Endorser: Mayor Jim Donchess
AMENDING THE FY2019 HUD ANNUAL ACTION PLAN BY REPROGRAMMING EXISTING FUNDS
TO “E FOR ALL”

R-18-102
Endorser: Alderman-at-Large Lori Wilshire
APPROVING THE COST ITEMS OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN
THE NASHUA BOARD OF POLICE COMMISSIONERS AND UFPO LOCAL 645 PROFESSIONAL
EMPLOYEES OF THE NASHUA POLICE DEPARTMENT FROM JULY 1, 2018 THROUGH JUNE 30, 2022
AND AUTHORIZING RELATED TRANSFERS

NEW BUSINESS — ORDINANCES

O-18-031
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
INCREASING THE PURCHASING THRESHOLD FOR FINANCE COMMITTEE APPROVAL FROM
$10,000 TO $25,000

Q-18-032
Endorser: Alderman Jan Schmidt
AUTHORIZING STOP SIGNS AND RIGHT AND LEFT TURN ONLY LANES AT THE INTERSECTION
OF PINE HILL ROAD AND CHARRON AVENUE

O-18-033
Endorser: Alderman Richard A. Dowd
AMENDING THE LAND USE CODE USE MATRIX REGARDING SELF-STORAGE FACILITIES AND
SANITARY LANDFILLS
O-18-034
Endorser: Alderwoman Mary Ann Melizzi-Golja
DESIGNATING PARKING ON CHESTNUT STREET FOR FIRE DEPARTMENT EMPLOYEES
PERIOD FOR GENERAL PUBLIC COMMENT
REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN

Committee announcements:

ADJOURNMENT

Jim Donchess
Mayor « City of Nashua

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To: Board of Aldermen

From: Mayor Jim Donchess A)

Date: 12/18/18

Tam vetoing R-18-066, because it is an unwise expenditure of $175,000 in City funds and
because it is unfair to retired City employees. R-18-066 nearly doubles to an estimated $366,000
the City’s obligation to make. cash payouts for unused sick leave to | | employees.

R-18-066 grants an estimated $175, 000 i in additional payouts for unused sick time to 11 City
employees. This $175, 000 i in extra payouts would be on top of the estimated $191,000 in unused
sick time payouts the 1 | affected employees will already receive under.current law. The total
unused sick time: payouts would become an estimated $366,000. The affected people are non-
union mostly managemen| mployees who ¢ eam between $70, 000 and $105, 000 per year,

In Nashua we have man eeds including schools, police and firea and other services and
improved infrastructure. | In addition, we warit to keep our tax rate as low as possible. Given

these considerations, | do not believe that the expanded severance plan is a good expenditure of
$175,000.

In 2001 the Board of Aldermen, in n order to save costs, ainended the formula for the payout of
unused sick timeupon the retirement or resignation of employees hired in 1995 or thereafter.
The 11 employees granted additional sick time payouts by R-18- 066 were ‘hired i in the period of
1995 to 2001. a

Before 2001 the City made payouts at retirement or resignation for 100% of unused sick time up
to a maximum of 720 hours (or 90 days). In 2001 the formula was changed so that the City
would make payouts for 20% of unused sick time with no maximum accrual. R-18-066 goes
back 17 years and restores the 100% payout formula for the 1] remaining employees hired
between 1995 and 2001.

As originally proposed R-18-066 provided the 11 employees payouts for all unused sick time
accrued up to 2001 (arguably sick time payouts that had already been earned) and thereafter
provides them payouts for 20% of the unused sick time accrued after 2001. This was the
compromise reached after discussions between me and members of the Board of Aldermen
before R-18-066 was introduced.

However, as amended by the Personnel Committee, R-18-066 allows each employee to elect
whether to receive the lower or the higher sick leave payout. All indications are that all