St. Hiliare V City of Danbury (Complaint)

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RETURN DATE: May 7,2024 : SUPERIOR COURT DAVID ST. HILAIRE i J.D. OF DANBURY VS. z AT DANBURY CITY OF DANBURY. a APRIL 17 , 2024 COMPLAINT COUNT ONE: BREACH OF CONTRACT EMPLOYMENT AGREEMENT CITY OF DANBURY DIRECTOR OF FINANCE 1. David W. St. Hilaire, the plaintiff herein, hereinafter referred to as “Plaintiff” or "St Hilaire",) was hired by the City of Danbury on June 5, 2007, as the Director of Finance. 2. Atall times relevant, the defendant City of Danbury, ( hereinafter, the “City” or ‘Danbury") has been a municipal corporation organized and existing under the law of the State of Connecticut. 3. Atall times relevant, the City has had a Charter known as the organic law of the. municipality. Chapter 6, Sec 6-6. of the Charter describes the qualifications, duties, and authority of the Director of Finance. The Director of Finance position is a non-union civil service position subject to the “Merit System,” responsible for the assessment of taxable property within the City, the collection of taxes, as well as all purchasing, budgeting, bonding, risk management, accounting, and the preparation of financial statements and reports for every department and agency within the City. 4, Mark Boughton was the mayor of Danbury in 2007. Mayor Boughton, on behalf of the City offered St. Hilaire a. a starting annual salary of $119,000.00 b. a $5,000.00 annual contribution to the City's deferred compensation plan, ©. four weeks of paid vacation that could be accumulated indefinitely, d. up to 80 hours of compensatory time’, as well as e. health insurance, pension, and other benefits. 5. The City’s Benefits Handbook for Eligible Non-Union Employees provided St. Hilaire the following additional benefits*; a. In lieu of paid vacation leave, an employee may request payment for any carry-over vacation time. Ex. 2, page 5. b. At separation, all vacation time including the current year shall be paid out and included in the calculation of his pension benefit. Id. ©. 10 days paid sick leave annually. 1d, d. Unused sick leave paid out annually at 50%, Ex. 2, page 6. 6. Over the years, St. Hilaire and the City renegotiated his relationship, including; a. In February 2009, the City presented St. Hilaire a written Employment Agreement that Included the following changes and enhancements‘: i, Residency requirement waived + St Hilaire had a 35 hour work week. When a non-union City employee worked in excess of the standard work: week, they received compensatory paid time off on an hour for hour basis. “Comp time” could not be rolled over into the following year. ® attached as Exhibit “1” isa true and accurate copy ofthe offer letter dated June 5, 2007, from Mayor Mark Boughton to St. Hilaire, (hereinafter, the “Offer”) > attached as Exhibit “2” isa true and accurate copy of the Benefits Handbook for Eligible Non-Union Employees dated June 22, 2017. (hereinafter, “Non-union Benefits Handbook.’) * Attached as Exhibit “3" isa true and accurate copy of the Employment Agreement City of Danbury Director of Finance , back dated to July 16, 2007, a copy of which was provided to St, Hilaire in response to @ FOIA request. ili vi vii. vill Salary of $125,000.00 . ( requiring payment of $6,000.00 as back- pay.) Ex. 3, page 1. $5,000.00 semi- annual contribution to the City’s deferred compensation plan, vested immediately and portable. Ex. 3, page gi . 12 paid Holidays annually. Id. 5 weeks paid vacation after 5 years. (City policy is 5 weeks after 12 years. Non-union Benefits Handbook. Ex. 2, page 4.) Travel allowance of $2,000.00 annually. Ex. 3, page 3. 4 paid personal days annually. Ex. 3, page 4. Position subject to merit system. Ex. 3, page 6. Employee terminable for cause, defined as “gross misconduct” after completion of investigation, notice of charges, and due process hearing. Ex. 3, page 6. b. On August 17, 2011, Mayor Boughton agreed to increase by $400.00 the City’s contractual annual vehicle allowance .5 Ex. 4. cc, On December 29, 2011, Mayor Boughton agreed to increase by $5,000.00 the City’s annual contribution on behalf of St. Hilaire to the City's deferred compensation plan, retroactive to St. Hilaire’s hire date. = attached as Exhibit "4" Isa true and accurate copy of the authorization by Mayor Boughton dated August 17, 2011 Any amount in excess of IRS limitations would carryover to the following year. Ex. 5, page 1 d. On January 14, 2014, Mayor Boughton awarded St. Hilaire an 8% wage increase retroactively to the beginning of the fiscal year” e. On December 19, 2019, Mayor Boughton, recognizing that St. Hilaire had been fulfilling the duties of and supervising the Tax Assessor's Office for 2 years while taking the 300 hours of training to qualify for the CCMA II ( Tax Assessor) certification on his own time, authorized St. Hilaire to be credited with 150 hours of vacation time.° Ex. 7. f. On March 12, 2020, Mayor Boughton, recognizing that members of the Finance Department had been working significantly more than the 35 hours per week, authorized the Finance Department workers to be credited with 40 hours of compensation time, including the ability to carry- ‘over to the following year any unused time and to request payment instead of time off.° Ex. 8. g. On March 12, 2020, Mayor Boughton, on behalffof the City, authorized the following revisions to St. Hilaire's employment agreement", including; ® attached as Exhibit “5” fsa true and accurate copy of the email chain between Mayor Boughton, St. Hilaire and Andi Gray, dated to December 29, 2011 " attached as Exhioit “6” is @ true and accurate copy of the authorization by Mayor Boughton dated January 14, 2014 * attached as Exhibit “7” isa true and accurate copy of the authorization by Mayor Boughton dated December 12, 2019 » attached as Exhibit “8” isa true and accurate copy of the authorization by Mayor Boughton dated March 12, 2020. ° attached as Exhibit “9” is a true and accurate copy of the Employment Contract revisions agreed to by Mayor Boughton dated March 12, 2020. i. increase to $20,000.00 the City's annual contribution on behalf of St. Hilaire to the City’s deferred compensation plan, retroactive to July 1, 2017 ii. Increase vacation time to 7 weeks per year. iii, Credit 125 additional hours of vacation time. iv. Authorize St. Hilaire to earn up to 160 hours of compensatory time in each fiscal year, including the ability to carry-over any unused time to the following year as vacation time, and to request payment instead of leave. Ex.9. 7. On August 8, 2020, the City provided St. Hilaire an accounting of his 2899 hours of tracked and accrued paid leave, including; a b. c. d. e. Vacation- 2770, Sick- 70. Holiday- 14. Earned Personal- 14. Personal- 31. " Ex. 10. 8. December 7, 2021, Mayor Joseph Cavo, on behalf of the City and, in recognition of the approximately 1,000 hours of St. Hilaire's personal time spent to assist the Board of Education by fulfilling numerous finance functions including acting as it's ° attached as Exhibit “10” isa true and accurate copy ofthe iseries Accruals, City of Danbury, CT report for St Hilaire dated August 2, 2020, temporary Director of Finance, authorized the following revisions to St. Hilaire’s employment agreement, including; i, Credit 750 additional hours of vacation time. ii, Increase from $200 to $350 the City's monthly vehicle allowance. Ex. 11 9. In fiscal year 2021, St. Hilaire was entitled to and did accrue 1177 hours of paid time off, including; a b. One time Vacation leave increase - 750 hours, Ex.14 7 weeks- 245 hours annual Vacation time. Ex. 7. Sick- 70 hours. Ex. 10. Holiday- 12 days- 84 hours. Ex. 10. Earned Personal- 28 hours. Ex. 10. Personal- 28 hours. Ex. 10. Compensatory time - 200 hours that may be converted to vacation time, carried over to future years, and paid out. Exs. 8, and 9. 10. On information and belief, based on the City’s business records available to St. Hilaire as of the date of this complaint, in total, by the end of 2021, St. Hilaire had accrued over 3790 hours of leave that could be paid out to him upon request. a b. Vacation leave ~ 3520 hours accrued. Exs. 7, 10, and 11 Sick- 70 hours, eligible to be paid out at 50%. Ex. 10. tached as Exhibit “11” isa true and accurate copy of the Employment Contract revisions agreed to by Mayor avo dated November 30, 2021, and executed December 7, 2021. c, Compensatory time - 200 hours that may be converted to vacation time, carried over to future years, and paid out. Exs. 8, and 9. 14, Pursuant to the Benefits Handbook for Eligible Non-Union Employees dated June 22, 2017," during 2021, St. Hilaire requested, and Danbury agreed to pay out approximately 3400 hours of vacation leave that St. Hilaire had accrued. The payments totaled $351,862.94. 12.On or about June 26, 2022 St. Hilaire was informed that he was suspended with pay pending a disciplinary investigation. 43.On or about August 1, 2022, the City's attorney informed St. Hilaire’s attorney, that the City intended to terminate St. Hilaire based on his purported conduct in violation of City policies," including a. That, beginning in 2019, St. Hilaire had requested, been awarded, and not utilized vacation time b. That in 2021, St. Hilaire had requested, and been paid 3400 hours of acerued vacation leave, in an amount exceeding $352,000.00. c. That St. Hilaire had violated City policy by requesting payment for vacation time that had acerued in the current fiscal year. 4d. That St, Hilaire had violated City policy by accepting an annual car allowance instead of a marked City car. 262. Pes, + attached as Exhibit "12" is a true and accurate copy of the final paycheck issued to St. Hilaire dated December 24, 2021 °5 attached as Exhibit “L3" isa teue and accurate copy of an email from the City’s attorney, Jahanna Zeiman to St Hilaire's attorney, Lew Chimes dated August 1, 2022. e. That St. Hilaire had violated City policy by not maintaining residency in Danbury and by working remotely during the pandemic. Ex. 13. 14. Throughout his tenure as the Director of Finance, St. Hilaire fully and competently fulfilled the duties and responsibilities of the position as described in the Charter, including supervising operational, purchasing, risk management, and budgeting roles for both the City of Danbury and the Board of Education, while managing long term personnel vacancies. City Budgets and Annual Financial Reports were prepared timely, while the auditors and reporting agencies consistently recognized the proper and competent management of the City's financial functions. 48, St. Hilaire had not breached any material term of the employment agreement between the City and himself. 16. The City of Danbury breached material terms of the employment agreement between the City and St. Hilaire by terminating St. Hilaire without just cause, defined as “gross misconduct” after completion of investigation, notice of charges, and due process hearing. Ex. 3, page 6. 17. St. Hilaire has been damaged by the Defendant's breach. COUNT TWO: BREACH OF CONTRACT; DAVID ST. HILAIRE RETIREMENT TERM SHEET 4.17. Paragraphs 1. Through 17. are hereby incorporated as paragraphs 1. through 17 of Count Two as if fully set forth herein. 18.After extensive negotiation, the parties entered into a contract entitled "David St. Hilaire Retirement Term Sheet” executed by Mayor Dean Esposito and St. Hilaire ‘on August 25, 2022 (hereinafter, the “Term Sheet.”) *® 19. The Term Sheet is a written contract binding on both parties once authorized by the City Council as it was, pursuant to the Charter, on September 7, 2022. Approved Minutes of the September 7, 2022, City Council meeting report that, “A motion was made by Councitman DiGilio, seconded by Councilman Levy, to authorize the resolution of the pending legal matter in accordance with the discussion, together with the certification of funds provided. 2 No Votes (Rotello, Fox), 16 Yes Votes, | Abstention (Cavo). The motion carried. 20. St. Hilaire performed his obligations under the Term Sheet by submitting his resignation to the mayor and City Council on September 7, 2022."® 21.On October 3, 2022, the City breached the material provisions of the Term Sheet by ‘revoking’ its offer based on its need to investigate a tax lien.” 22.0n information and belief, based on correspondence with counsel, no such investigation has been completed, nor has the City adopted or reaffirmed its, obligations under the Term Sheet. ° attached as Exhibit “14” isa true and accurate copy of an agreement entitled "David St. Hilaire Retirement Term Sheet” executed August 25, 2022 attached as Exhibit "15" is a true and accurate copy of the Approved Minutes of the September 7, 2022, City Council meeting from the City's website. * attached as Exhibit "16" is a true and accurate copy of St. Hilair’s Resignation dated September 7, 2022 attached as Exhibit "17" isa true and accurate copy of counset’s email informing St. Hilaire that the City was “revoking its offer” dated October 3, 2022. 23.81. Hilaire has been damaged in at least the following ways; a. Loss of employment, wages, and benefits, b. Loss of the consideration agreed to in the Term Sheet, and c. Loss of pension benefits. WHEREFORE, PLAINTIFF CLAIMS A TRIAL BY JURY, JUDGMENT AGAINST DEFENDANT AND DAMAGES AS FOLLOWS: On Count One: 1. Money Damages in excess of $15,000.00 2. Such other relief as the court may deem just and equitable. On Count Two 1. Specific Performance 2. Money Damages in excess of $15,000.00 3. Such other relief as the court may deem just and equitable, Dated: April 17, 2024 THE PLAINTIFF, DAVID IR By: /S/ Elisabeth 5 Ma Ah Elisabeth Seieroe Maurer Maurer & Associates, PC PO Box 1098 Ridgefield, CT 06877 Phone: (203) 438-1388 Fax: (203) 446-4119 ElisabethMaurer@maurerandassociatespc.onmicrosoft.com 10 Ly RETURN DATE: SEL : SUPERIOR COURT DAVID ST. HILAIRE vs. CITY OF DANBURY. The plaintiff demands: On Count One: J.D, OF DANBURY AT DANBURY April 17, 2024 DEMAND FOR RELIEF 1. Money Damages in excess of $15,000.00 2. Such other relief as the court may deem just and equitable. On Count Two 1. Specific Performance 2. Money Damages in excess of $15,000.00 3. Such other relief as the court may deem just and equitable. Dated: April 17, 2024 THE PLAINTIFE DAVID ST. HILAARE By: /S/ efocteth soe ae AK Elisabeth Seieroe Maurer Maurer & Associates, PC PO Box 1099 Ridgefield, CT 06877 a Phone: (203) 438-1388 Fax: (203) 446-4119 ElisabethMaurer@maurerandassociatespc.onmicrosoft.com 12 Exhibit 1 CIry OF DANBURY OFFICE OF THE MAYOR, MAKE D. HOLGIELON cz0p 207-15) MAYOR June 5, 2007 Mr, David St. Hilaire 29 Ponderosa Boulevard st Greenbush, NY 12061 Dear David: J would like to extend my Congratulations on being selected as the new Director of Finance for the City of Danbury. This letter is to confirm the details of the tentative offer extended to you during our conversation on Monday June 4, 2007. As discussed, salary will be $4576.92 biweekly which is an aunual equivalent of $119,000, ‘This starting salary will be adjusted consistent with compensation ehanges for all other non-union employees and you will be eligible for an increase on January 1, 2008, You will be eligible to participate in any 457 deferred compensation plan administered by the City, ‘The City shall contribute five thousand dollars ($5000) each fiseal year to a deferred compensation plan administered by the City for your benefit and shall not be subject to any vesting requirements and shall be portable in accordance with applicable Jaws andior terms of the plans. Vacation will be accrued at four weeks per year in accordance with the City of Danbury Vacation Policy. All vacation time shall be with advance notice and approval. Any unused vacation time may be carried over to the following fiscal year with approval, You will also be eligible to carn up to eighty (80) hours of Compensatory Time each calendar year for each hour worked beyond eight hours per day, Compensatory time must be taken in the same calendar year that it is eared and unused compensatory time may not be curried over to the next calendar year ‘Your employment with the City of Danbury will begin on or about July 15, 2007 and will be contingent upon: your successful completion of the post offer physical examination and any other applicable testing requirements; successful completion of the background investigation and refer es; and your ability to establish residence in the oyun Danbury not later than six months from the date of your official appointment. Residence in the City of Danbury must be maintained for the duration of your employment with the City of Danbury, Enclosed with this letter is information regarding The City of Danbury Health Insurance Benefits, Deferred Compensation plans, Pension Benefits, and Policies. Upon your review of all the information contained in this letter and accompanying packet, please contact me no later than Thursday June 7, 2007 to inform me of your acceptance decision ‘The City of Danbury and [ are looking very forward to having you as part of our dynamic ‘as we continue to lead, achieve, and succeed together. Please feel free to contact me should you have any questions, | ean be reuched at 203-948-4605, teal Sincerely, Mark D. Boetghi)on Mayor enclosures Exhibit 2 Penne BENEFITS HANDBOOK FOR ELIGIBLE NON-UNION EMPLOYEES Mark D. Boughifin, Mayor Revised: June 21, 2017 PURPOSE OF THIS HANDBOOK ‘The City of Danbury issues this Benefits Handbook ("Handbook") to provide a summary of the City’s benefit plans to the City's non-union employees and certain elected officials, namely, the Mayer, Town Clerk, Registrars of Voters, and City Treasurer THOSE COVERED BY THIS HANDBOOK (ELIGIBILITY) The regular work week for full-time non-union employees shall be 36, 37.5 or 40 hours as established by job title and assignment. Non-union employees who work at least 35 hours per week are entitled to all benefits as specified in this handbook. Elected officials who work at least 35 hours per week are entitled to all benefits as specified in this Handbook, namely: the Mayor, Town Clerk, Registrars of Voters, and City Treasurer. ‘+ Benefits for these elected officials shall begin to accrue at 12:00 noon on the first business day following their respective election to office, or at such time when they officially take office. With the exception of pension benefits and/or health insurance, if applicable, such benefits shall terminate when the elected official vacates office, or at the expiration of their term, Except as provided by state or federal law, such benefits are offered to elected officials only if they are working their regular work schedule and performing the job duties of their position as required by the City Charter, state law, and/or state Constitution, as applicable, and as amended from time to time, ‘The terms "Employees and non-union employees are used interchangeably throughout this Handbook. References to “Employees” and "Non-Union Employees” throughout this Handbook include all eligible non-union employees and elected officials named above. Non-union employees who work at least 30 hours per week are entitled to health, dental, life and pension benefits, as specified in this Handbook. Other benefits in this Handbook may be applicable on a prorated basis 2 of 28 Non-Unlon Benefits Handbook, Revised June 23,2017 DISCLAIMER This Handbook is not intended to create an express or implied contract of employment, nor is it intended to create an expectation of employment or employment of any duration. Employees are “at will’ employees, which means that either the employee or the City may terminate employment at any time for any reason, with or without notice. This Handbook is not intended to be a complete description of the City's benefits and the City reserves the right to revise, supplement, suspend or discontinue these plans at any time Further, no manager, supervisor, or other agent of the City has the authority to make a commitment of guaranteed or continued employment to an employee, and no City document including this Handbook should be understood to make any such guarantee. The City does not recognize any contract of employment unless it is reduced to writing and signed by the employee and the Mayor. This Handbook is intended to serve as a summary compiled for the convenience of our employees and is not intended to cover all topics or circumstances of employment. Moreover, if the descriptions in this Handbook conflict with the benefit plan documents, the benefit plan documents will control in all instances. The City may change, delete, suspend or discontinue any part or parts of this Handbook at any time. Additionally, the City reserves the right to respond to specific situations in whatever manner it believes best suits the needs of the City. Consequently, the City’s actions, from time to time, may vary from the attached policies and procedures, or any subsequent policies and procedures implemented. Furthermore, the City's actions are guided by federal and/or state laws, regulations, policies and procedures, as amended from time to time, which are not contained in this Handbook. This Handbook supersedes any and all previous oral or written communications, discussions, and/or agreements between the employees and the City with respect to the terms and conditions of employment at the City. ‘Should any provision in this Handbook be found to be unenforceable and/or invalid, such finding does not invalidate the entire Handbook, but only the affected provision(s). 3 of 28 Non-UnionSeneftsHandbock, Revised June 2, 2037 HOLIDAYS. 1, BENEFIT TIME The following are the official holidays for employees: New Year's Day independence Day Martin Luther King Day Labor Day Washington's Birthday Columbus Day Lincoln's Birthday Veterans’ Day Good Friday Thanksgiving Day Memorial Day Christmas Day or the day celebrated as such. Any holiday falling on a Sunday shall be observed on the following Monday, and a holiday falling on a Saturday shall be observed on the preceding Friday. VACATION Vacation leave shall be accrued for continuous service from the date of initial employment, however employees are not credited with or eligible to use such leave until they have completed one hundred twenty-five (125) days of work. 1. Vacation shall accrue in the following manner: When an employee in his/her probationary year completes one hundred and twenty-five (125) days of work, he/she shali be entitled to one (1) calendar week of vacation. When an employee has completed one (1) year of service as determined by his/her date of hire, the employee shall be entitled to two (2) calendar weeks of vacation during the fiscal year of the anniversary. If during the fiscal year the employee is in a non-compensable status for a month or mare, the vacation period shall be reduced on a pro-rated basis, In each succeeding year, vacation will accrue on the same basis. In any year in which the employee is in a non-compensable status for a month or more, the stipulated vacation periods will be pro-rated. If the employee's first anniversary date does not coincide with the end of the probation period, the entitlement to the two week vacation shall be deferred to the completion of probation. Three (3) calendar weeks after five (5) years continuous service. Four (4) calendar weeks after ten (10) years of continuous service, Five (6) calendar weeks after seventeen (17) years of continuous service. 4 of 28 "Non Union Benefits Hanbeok, Revised june 21,2017 g. No vacation leave shall accrue for any period in which an employee is on leave of absence without pay. Vacations shall be taken on a fiscal year basis and qualifying time shall be during the fiscal year. (That is, if six (6) months service is completed during the fiscal year, then one (1) week may be taken during that period; if one year of service is completed during the fiscal year, then two (2) weeks may be taken during that period, etc.) Vacation leave must be applied for by the employee and is subject to approval by the Department Head and/or appointing authority. (Within each department certain periods of the year may be withheld as a non-vacation period.) Should @ holiday occur during the vacation of any employee, that holiday shall be recorded as a holiday, and not as a vacation day. Vacation Carryover: Employees hired prior to July 1, 2017 shall be eligible to carry over vacation days into the next fiscal year. Approval to use carry over vacation daysitime will be granted if: a, the carry-over will not adversely effect the efficiency of the department; b. the carry-over will not in itseif create a need for the hiring of temporary help; Employees hired on or after July 1, 2017 will only be permitted to carry over a one week full time equivalent (35, 37.5, or 40 hours) of vacation time into the next fiscal year (vacation days in excess of a one week equivalent will be forfeited). During the course of an employee's employment, in lieu of a request for vacation leave, an employee may request payment for any portion of verifiable carry-over vacation time. ‘Such request shall not include the currant year's vacation accrual and is subject to approval by the designated authority/Department Head and/or Mayor. At the time of separation from employment, accrued vacation shall be paid to the employee, except discharge for cause. if an employee has accrued a vacation balance at the time of retirement, those vacation hours shail be included in the employees’ calculation for his or her pension, Pro-rated vacation for employees who terminate their employment (for reasons other than for cause) before the start of a new vacation period shall be paid on a pro-rated basis from anniversary of date of employment to date of termination, SICK LEAVE Sick leave shall be granted for the illness or injury of the employee as follows: 1 Employees will receive ten (10) sick days per year on July 1. In the first year of service, an employee will receive a pro-rated amount of sick days based on their start date. ‘An occasional leave for sickness or injury (not job related) shall mean any absence for such reason of five (5) or less consecutive work days. 5 of 28 ‘Non Union Benois Handbook, Revised une 24, 2017 3, Employees who are unable to work due to iliness shall notify their department head or his/her designee within one (1) hour of their regular starting time, 4, Failure on the part of an employee to notify his/her department head promptly of his/her absence due to sickness may be cause for denial of sick leave privilege. 5. A physician's certificate or other satisfactory evidence in support of any request for sick leave with pay covering an absence of five (5) or more consecutive working days will be required at the discretion of the department head or appointing authority 6. Employees who request pay for fractional portions of sick days shall be charged such fractional periods of sick leave in half hour (30 minute) Increments. 7. Employees with more than six (6) months of continuous service, shall be paid to a total of ten (10) occasional days for an absence due to injury or illness in any one fiscal year upon the approval of the Department Head. Any absence in excess of ten paid days shall only be paid if approved by the Department Head and Mayor. In the event that an employee is on a leave of absence without pay or on short-term disability leave more than one time in a single fiscal year, the occasional days shall be prorated accordingly. 8. Employees with less than six (6) months of continuous service may be paid for such ‘occasional days only when the department head specifically requests such payment and the Mayor approves. An extended leave of absence for sickness or injury (not job related) shall mean any absence for such reasons of more than five (5) consecutive working days 9. The City will pay employees fifty percent (50%) of regular straight time daily wages for unused sick days at the end of each fiscal year. In the event that an employee is on a leave of absence without pay or on short-term disability leave more than one time in a single fiscal year, the payment for the unused sick days shall be prorated accordingly, Payment will be made before September 30 following the end of the fiscal year. 10. Any extended leave of absence for sickness or injury (not job related) shall mean any absence for such reasons for more than five (5) consecutive working days. 11. Short Term Disability. For employees with six (6) months of continuous service, the first five (5) working days of such absence shall be with continuation of normal pay if approved by the Department Head. Such approval will not be unreasonably denied After the first five (5) consecutive working days of absence and continuing up to six (6) months from that date, the employees shall receive sixty-six and two thirds percent (66 2/3%) of base pay on the normal payroll cycle. If during a fiscal year an employee is absent on "Short Term Disability" two (2) or more separate times, he/she shall receive normal pay for the first five (5) days of the first such extended sick leave if approved by the Department Head, Such approval will not be unreasonably denied. On any subsequent occasion of Short Term Disability, the reduced amount of 68 2/3% will be paid from the first day of absence 12. Long Term Disability. For employees with six (6) months of continuous service, after six (6) months of absence and up to normal retirement date, the employee shall receive pay 6 of 28 Nom Union Benefits Hondbook, Revised une 21,2017 calculated and paid by the insurance carrier's procedures. The terms and provisions of the contract of insurance shall govern the employee's eligibility for long-term disability benefits. 13. Employees who are on injury leave and receiving Workers’ Compensation pay may request use of unused sick leave days to augment the Workers’ Compensation payment for full pay. 14. A holiday occurring during approved sick leave, short term disability leave, or worker's compensation leave shall be recorded as a holiday and not as a day of leave. JURY SERVICE ‘The City will pay an employee who is called for jury service, for each day of such service, the difference between the employees' straight time earnings and the amount received for jury service. In the case of a part-time employee, pay shall be for a maximum of two (2) weeks. The employee will present proof of service and the amount of pay received. On any day when the employee is released from jury service before 1:00 p.m. of his/her regularly scheduled workday, the employee shall report back to work for the balance of the day. Evening Shift employees shall not have to report to work if jury service lasts more than 4 hours in any day. This provision shall not apply where an employee voluntarily seeks jury service. BEREAVEMENT Any employee shall be given time off without loss of pay, annual leave or sick leave for the death of a family member as follows: 1. Inthe event of death of a spouse, child, stepchild, mother, stepmother, father, or stepfather, up to five (5) working days shall be granted as funeral leave. Employees eligible for five (5) working days of funeral leave due to the death of a spouse, child, stepchild, mother, stepmother. father, or stepfather, shall be entitled to use said funeral leave days within thirty (30) calendar days from the date of the death. 2. Up to three (3) working days shall be granted in the event of death of a sister, brother, grandmother, grandfather, grandmother-in-law, grandfather-in-law, grandchild, mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter law, son-in-law, or any relative who is domiciled in the employee's home. 3. One (1) working day leave shall be granted for the funeral of first aunts or uncles, nieces or nephews of the employee or his/her spouse. CIVIL EMERGENCY AND SPECIAL LEAVE ‘An employee shall be given time off without loss of pay, annual leave or sick leave when: 7 of 28 Nom Union Genefits Handbook, Revised June 23,2017 Court Appearances: Summoned to appear as a witness before a court, grand jury or other public body or commission. Emergency Duty: Performing emergency civilian duty in relation to national defense Civil Service Examinations: Participating in a City Merit System/Civil Service examination on a regular work day or taking a required examination pertinent to employment for the City, at the appropriate location, provided due notice is given to the department head. Extreme Situations: Unless otherwise directed, each employee is expected to report to work on every scheduled work day. If all or part of a scheduled work day is cancelled by the City due to snow, or in other extreme weather conditions, the employee will be compensated unless s/he is on vacation, has called in sick or is on other paid or unpaid leave, in which event the employees will be charged with one full day of applicable leave or, in the case of unpaid leave, not paid for the day. If an employees’ usual assignment or place of work is unavailable (e.g., due to the closing of a particular office or building), the employees may be given an alternative assignment and/or work location. FAMILY MEDICAL LEAVE (FMLA) The City of Danbury provides leaves of absence for certain family and medical reasons. In granting and administering such leaves, the City will comply with the Federal Family Medical Leave Act, FMLA, as amended from time to time. An employee who anticipates FMLA leave should contact their Department Head and the Human Resources Department to determine if FMLA may apply to his or her specific circumstance NON-FMLA LEAVE 1. For Five Days or Less: A leave of absence not to exceed five (5) consecutive work days at one time may be granted to any emplayee when requested in writing and approved by the Department Head and Appointing Authority. The maximum cumulative periods of such leave shall not exceed thirty (30) working days in any twelve-month period For Up To One Year: A leave of absence for causes considered reasonable and proper by the Appointing Authority and approved in advance by the Department Head and Human Resources Department, for a period not to exceed one (1) year may be granted to any employee. Such leave of absence may be granted only to employee who has completed an initial one year of service. ‘An employee may be required to use any eligible accrued leave time during the leave of absence. Leaves of absence shall be terminated if the reasons for which the leaves of absence were granted no longer exist. 8 of 28 Non-Union Benefits Handbook, Revised June 23,2047 A denial or approval of a leave of absence shall be submitted to the employee in writing by the Department Head, the Human Resources Department, and/or Appointing Authority. A written approval for a leave of absence will Include the following information a) The position will be held for the employees pending his/her reinstatement, or b) The position will not be held for the employees and/or that his/her reinstatement will depend upon the existence at the termination of the leave of a suitable vacancy for which he/she is qualified. If an employee fails to return at the expiration of a leave of absence, he/she shall be terminated and no re-employment rights granted PERSONAL DAYS All employees with six (6) months or more of continuous service (125 days worked with the City beginning with the date of employment), shall be entitled to two (2) personal days per year. 1 Additional personai days of leave may be eamed by employees for perfect attendance. Perfect attendance for the purposes of this Article shall mean no time taken for sick leave, unauthorized leave or authorized leave without pay. The criteria for earning and using such personal days shall be: a. Alleligible employees who have perfect attendance as recorded in the City’s electronic time keeping system for the first thirteen (13) weeks of a fiscal year shall earn one additional personal day. b. Thereafter employees shall earn a personal day for each thirteen (13) consecutive weeks of perfect attendance as defined herein. ¢. Such earned personal days shall be limited to four (4) per fiscal year. d._ No more than two personal days may be carried over into the next fiscal year. (One of those carry over days must have been eared in the last quarter of the fiscal year. COMPENSATORY TIME Employees may be eligible for compensatory time when a substantial amount of time in excess of the hours normally associated with the employee's position is worked, Compensatory time may be granted and taken only with the approval of the employee's Department Head and/or the Mayor. 1 Compensatory time will be granted only when the employee works substantially more hours in a week than would normally be required to complete the employee's professional responsiblities. Compensatory time is not given for those additional hours ‘often worked such as working through lunch or coming in early/staying late to complete a meeting or do paperwork. 9 of 28 ‘Non-Union Benefits Handbook, Revised une 24,2017 2. Compensatory time is discretionary, and requires express approval by the Department Head and/or the Mayor. An employee must accurately record the hours worked for which comp time is eamed and taken. 3. An employee may take compensatory time in the same manner and subject to the same approval as vacation or personal time. All compensatory time should be taken in the ‘calendar year in which itis earned; it may not be carried over from one year to the next. 4, Employees will be granted or may take up to forty (40) hours of compensatory time in a calendar year, However, in extenuating circumstances the Mayor may grant more than 40 hours of comp time per calendar year. 5. In no event will compensatory time be Used as the basis for additional compensation There is no payment for unused compensatory time upon separation from employment with the City Il, LONGEVITY PAY Employees hired prior to July 1, 2017 are eligible for longevity pay according to the following: 1. Full-time employees with more than ten (10) years but less than fifteen (15) years of service with the City of Danbury will receive a longevity increment of three hundred fifty- five ($355) dollars per year. 2. Fulltime employees with more than fiteen (15) years but less than twenty (20) years of service with the City of Danbury will receive a longevity increment of four hundred fifty- five ($455) dollars per year. 3. Full-time employees with twenty (20) years or more years of service with the City of Danbury will receive a longevity increment of five hundred fifty-five ($555) dollars per year. 4. Payment shall be made on the first payday of December. Employees hired on or after July 1, 2017 are not eligible for longevity pay. lll, HEALTH AND LIFE INSURANCE Employees may only enroll in the City’s health plans within the first thirty (30) days of his/her hire date or within thirty (30) days of a qualifying event (change of life status). Any other enrollments or change to an employee's coverage can only be made once per fiscal year during the City's open enrollment period. HEALTH INSURANCE 4. Employees hired or who became eligible for benefits before March 1, 2004 shall have the option to enroll in one of the following medical plans for the employee and his or her eligible dependents: ‘a. Open Access Plan (AP) - 4. A summary of the major provisions of the plan is attached hereto as Appendix A-t 10 of 28 Non-Uniongenetts Handbook, Revised June 23,2087 b. OAP-3 Plan. A summary of the major provisions of the pian is attached hereto as Appendix A-2, cc. High Deductible Health Plan (HOHP). A summary of the major provisions of the plan is attached hereto as Appendix A-3. 2. Employees hired or who became eligible on or after March 1, 2004 shall be enrolled in ‘an OAP-3 (Appendix A-2) or a High Deductible Health Plan (HDHP) (Appendix A-3) 3. Employees hired or who become eligible for benefits on or after October 1, 2009 shall be enrolled a High Deductible Health Plan (HDHP) with a Health Savings Account (HSA). 4. Employees enrolled in one of the following medical plans shall contribute the indicated percentage of the cost of their medical and dental insurance through payroll deductions as follows’ OAP-1: Twelve Percent (12%) OAP-2: Twelve Percent (12%) OAP-3: Six Percent (6%) HDHP: Eight Percent (8%) 5. Prescription drug benefits will be administered in accordance with the provisions of their respective health plans; however, those prescription drug benefits may be administered by a different carrier. 6. Employees may enroll in a Flexible Spending Account or Limited Purpose Flexible ‘Spending Account, as applicable, in accordance with IRS regulations, 7. All cost sharing by an employee shall be in accordance with the IRS Section 125 Plan DENTAL INSURANCE The City shall pay for a dental plan for employees and their eligible dependents as follows: Annual deductible: $50 per individual $150 per family Waived for preventive Co-insurance: 100% preventive 80% routine 50% major Maximum $1000 per calendar year per individual {82000 per calendar year per individual, effective July 1, 2017) Orthodontic treatment: $1000 lifetime per person. Each employee shall pay six percent (6%) of the cost of dental coverage by payroll deduction. LIFE INSURANCE 11 of 28 'Non-Union Benefits Handbook, Revised une 23,2017 The City will provide the following life insurance benefits to employees who die while employed full-time by the City. The City shall insure the life of each full-time employee for the amounts outlined below: Years of Service ‘Amount of Coverage Less than 5 7.5 x annual salary More than 5 but less than 10 2.0 x annual salary More than 10 but less than 15 2.5 x annual salary More than 15 but less than 20 3.0.x annual salary 20+ 3.5 x annual salary Upon the effective date of a salary increase, the employee's life insurance shall be adjusted to reflect the base salary in effect on that date. Taxability of Life Insurance shall be in accordance with IRS regulations. DEPENDENT CARE ACCOUNT Employees shall have the option to enroll and contribute to a dependent care account (DCAP) through payroll deduction, 12 of 28 ‘Non-Union Benefits Handboak, Revised June 23,2017 RETIREE HEALTH BENEFITS 2191849 as: uauno ove squapuadep /asnods aun! squepuedap/esnods ayn 20) afe1on09 jenypaus sures ays anu gU0d ye AD a “syjouiag yyeay aaia1.oj 2148x9100 are Z102 “Thuan 4p 40 Uo pam 9504 aveys soo winyuand 24 yo 9657 Ad ZT “TAtenuey =20}3q PUR Gog? TJ9GORO sBYE 20 Uo PIHY SJEDIYO PAD2|2/SOHAOKIUE xe osvadea mo 19430 14 2 un}g wowayddns _amopiaymopyesnods| _s2mopinopin/asnods| aropensAneuuijaue aun Aq pauuewereg 9] ai Aapouewew 2 99 Aew asnods ay) “gpueysued ‘sseoypay sepun afeseno> ueruteu _esan09 222,99 | aevano: axrip9y\ ins {49 suapuadep| asnods aun Aq j2/samopuw opin) asnods| 210.919 yasenipawy y! asuado umo sou/sey 2810409) equopuniued] re aBearonaierpeyyyemauiaiddassAip ain} omSua aveompayy| Loy 2161812 24 14 swwepuadep apaiija pur asnods| wapuadag/asnods, yoy afc op soxpens o/s mo s9y/51y 3 au ‘upnp aBevanco ppue asnods sBe10n09, jaa fous asnods s,aaig91 ay{} 30380030 44 KOOL Keg M19] 40150010 4 ROOT SHE AAD] —_urewRUs Mew siuapuadap 2jqiija pue asnods| wapuedaq/asnods| i ‘Heeranas Tao Tie) ‘eranca ary Mee ‘a8eanco] _jo.nai ui sfesan00 tuswjddns| ul afexanoo wewa dng! ‘Besano0 sayio hue jo na uy aBexenc> suawajdcns axerpay 50 ,, 5007 Shed] fa ‘pourerurew j/-88 y arenpay sapun aBer9%09 urmuewsasnus aauna ‘aigi]2 axeopan 22v9| ywawardéns aeipou —aieip2~ 0 «, wonT shed A “paueruew "28 y SIP spun aeson0>4 urpaowsaqisnwaainesaqi)| sone safe epan 240 Aang ia svete ayy yo 98 xp aflesancs) si2omas ata yrunauawAojdua 2) ayy nun auauroyd| uejdavawayééns axeipau| yo Aep se) ay uopey a2:n912Ip)_ Jo hep 3s 1p Uo ey aaa a9 j aeapay yo oe aya s aa2s au 247303809 84 Jo 4, SOOT 970] 042 [fL¥9pBuIpNpxs)aBeranes| KA (jPIUEP BuIpNPxe)eBesenas) _ynun yaULKOywa yo Ap Ze] ayn UO pey 92120 UADAW.A TV eEpaYY| [eNpew aus aL ojumerd] —o~pawlawes a ojumuard| aya seus jeWUeP BuIpn|oxe)aBesar2a apa | Uuypayowaaqisnu 2amna 241} 461509)0 4, HOOT AEA AID] —__403900J0 4, OT Shed AuD| awes aio} unwiasd 0rS0>}0 4, ROOT Keg AD] aesonoy e=IReu| SaRIBg NaHS eg ay “UNAS FORMAN eT ty BUY | SINE JO aRaN 90 GE MAY aayses jo aeak OT 5 oY | Non-Union Genet Handbook Revised Sune 23,2017 13 of 28 TERM LIFE INSURANCE FOR RETIREES Any employee who receives a pension immediately upon retiring, shall be entitled to paid term life insurance coverage according to the following schedule: Years of Service Face Value of Policy Aminimum of 5 years and $2,500.00 less than 10 years Aminimum of 10 years and $5,000.00 less than 15 years A minimum of 15 years and $7,600.00 less than 20 years 20 years or more $10,000.00 CHANGE OF CARRIERS The City shall have the right to change health insurance carriers or to self-insure. COST SHARE PREMIUMS DURING LEAVE OF ABSENCE ‘An employee who is on leave of absence without pay for more than one month will be required to pay health insurance premiums for the duration of such leave. An employee who is on a leave of absence without pay must submit payment to the City for his/her health insurance premium cost share amount that would have otherwise been paid through payroll deductions. HEALTH CARE COST CONTAINMENT The City reserves the right to establish health care cost containment measures in addition to those which are presently part of its medical and dental benefit plans. Such measures may include, but shall not be limited to: 1 prior authorization for non-emergency of elective hospitalization, surgical procedure or extended hospital stay; 2. notification requirements for emergency treatment; 3. __pre- and post-admission or treatment utilization review; 4, limitations on diagnostic testing 5, __ limitations on treatment for nervous and mental disorders, and for substance abuse, which may include but shall not be limited to required use of preferred providers; 14 of 28 "Non-UnionfenefitsHondbook, Revised Sune 21,2017 a managed prescription drug program which combines a retail network with a mail order program; reasonable penalties for non-compliance with any cost containment measures adopted, IV. PENSION PLAN Employees participate in the City's General Employees’ Pension Plan (GEPP) or Defined Contribution (DC) Retirement Plan. These plans are codified in the City's Code of Ordinances, Chapter 14, Please consult Chapter 14 for specific information on these Plans. Pension contributions are governed by the GEPP Plan or the City's DC Plan Document. 1 Employees hired on or after July 1, 2017 will have the option to elect to participate in the GEPP or the DC Pian within sixty (60) days of hire, If an ‘employes hired on or after July 1, 2017 does not elect either Plan, s/he will participate in the City's GEPP. Employees will have the option to transfer their accrued pension benefit in the City's GEPP to the City’s DC Plan, or if they meet certain age requirements, employees may transfer their accrued benefit in the City’s GEPP plan to a non City qualified pian. 15 of 28 Non-inlon Benefits Hendbook, Kevised ane 71,2017 APPENDIX Act Summary OAP-1 Plan Design for City of Danbury Employees General Provisions In Network Out of Network Eligibility Insured, spouse and | dependents to age 26. Insured, spouse and dependents to age 26. Non-compliance Penalties 3500 per event ‘3500 per event. Co-payments $ 0 hospital admission $ 0 outpatient surgical $ 10 office visit (no maximum) $25 emergency room Subject to deductible and co- insurance. Deductible Generally not applicable to in- network usage, $250 per individual $500 for two-person coverage $750 per family Coinsurance Generally not applicable to in- network services. ‘Maximum out-of pocket | Sum of all co-payments and deductibles and noncompliance penalties do not apply towards out-out-of- pocket expenses 80%/20% to maximum out-of pocket of. $ 750 for individual $1,500 for two-person coverage $2,250 for a family ‘Sum of all co-payments and deductibles. Noncompliance penalties do not apply towards ‘out-of pocket expenses “Payment Basis billing, Negotiated fees; no balance ‘90th percentile of reasonable fee. Tapatient Hospital Services Semi private room (medically | Covered in full subject to necessary private room), preadmission notification, physicians and surgeons concurrent review and charges, maternity charges for | managed care non- mother and child, diagnostic | compliance penalties. and laboratory fees, physical therapy, occupational therapy, drugs, operating room fees, | Medical excellence program dialysis, et. on an optional basis. 16 of 28 Covered at 80 percent of | reasonable fee above deductible to out-of-pocket maximum, then at 100% of reasonable fee for up to 30 days, Subject to pre- admission notification, concurrent review and managed care non- compliance penalties, ‘Non-Union enetitsWandbook, Revised June 21, 2017, General Provisions. In Network Out of Network ‘Outpatient Hospital Services ‘Operating and recovery room, surgeons fees, lab and x-ray, Dialysis, radiation and chemotherapy, ete Covered in full subject to concurrent review and managed care non- compliance penalties Covered at 80 percent of reasonable fee above deductible to out-of-pocket maximum, then at 100% of reasonable fee. Subject to concurrent review and managed care non- compliance penalties. Inpatient Mental Health Services Inpatient Substance Abuse Services Covered in full, subject to pre- admission notification, concurrent review and managed care non- compliance penalties. Covered in full, subject to pre admission notification, concurrent review and managed care non- compliance penalties Covered at 80 percent of reasonable and customary above deductible to out-of- pocket maximum. Subject to pre-admission notification, concurrent review and managed care non- compliance penalties. Does not accumulate toward out-of- pocket maximum, Covered at 80 percent of reasonable and customary above deductible to out-of- pocket, Subject to pre- admission notification, concurrent review and managed care non- compliance penalties. Does not accumulate toward out-of- pocket maximum Outpatient Mental Health and Substance Abuse Physici Medical Care (clinical indications of illness) Covered in full after $10 copay. Covered in full above $10 copay. No annual or lifetime maximum. Covered at 80% of reasonable fee above deductible to out-of- pocket maximum. Payments do not apply to out-of-pocket maximum. Covered at 80 percent of reasonable fee above deductible to out-of-pocket maximum then at 100% of reasonable fee. No annual or lifetime maximum, 17 of 28 Non Union Benefits Handbook, Revised une 21,2017 =e General Provisions In Network Out of Network Allergy Care | Well Child Care | (no clinical indications or history) Adult Physical Examinations (no clinical indications or history) (includes Hearing Soreening) Covered in full $10 copay for examination. No copay for injections. No annual or lifetime maximum. Subject to case management, Covered in full no copay. Subject to age based schedule: To six months, cance per month; then to one year every two months; then to two years every three months; then to three years every six months; then once per year to age 21 Covered in full no copay ‘Subject to age based schedule: Every three years to age 30, then every two years to age 60, then every year Covered at 80 percent of reasonable fee above deductible to out-of pocket maximum then at 100% of reasonable fee. Injections at 80 percent of reasonable fee above deductible to out-of- pocket maximum, then at 100% of reasonable fee. No annual or lifetime maximum. Subject to case management Covered at 80% of reasonable fee above deductible to out-of pocket maximum. Subject to age based schedule: : To six months, once per month; then to one year every two months; then to two years every three months, then to three years every six months; then once per year to age 21 Covered at 80% of reasonable fee above deductible to out-of- pocket maximum. Subject to age based schedule: Every three years to age 30, then every two years to age 50, then every year. Routine Mammography {no clinical indication or history) Vision Screening Covered in full no copay Subject to age based schedule: ‘ baseline screening between age 35 and 38; 1 screening per calendar year from age 40. Covered in full. Limited to one per year. Covered at 80% of reasonabie fee above deductible to out-of- pocket maximum. Subject to age based schedule: 1 baseline screening between age 35 and 39; 1 screening per calendar year from age 40. Covered at 80% of reasonable fee above deductible to out-of- pocket maximum, Limited to ‘one per year. Routine Gynecological (no clinical indication or history) Coverad in full no copay. Limited to one examination per year. Covered at 80% of reasonable fee above deductible to out-of- pocket maximum, Limited to ‘one examination per year Maternity Care (Prenatal and Postnatal) L 7: copay. “Covered in full after $10 18 of 28 Covered at 80% of reasonable fee above deductible to out-of- _| pocket maximums. [Non-Uniondenefts Handbeok, Revised une 2, 2087 General Provisions In Network. Out of Network Emergency Care Emergency Room Visits Urgent Care Walk-in Care (walk in center or physician's office) Emergency room visits covered in full above $26. ‘The $25 copay is waived if the individual is admitted. Covered subject to $25 copay for medically necessary care. Covered in full above $10 copay. Emergency room visits covered in full above $25. The $25 copay is waived if the individual is admitted, Covered subject to $25 copay for medically necessary care. Covered at reasonable fee above $10 co-pay if sudden and serious. Otherwise treated as an out-of-network usage, Subject to deductible and coinsurance. Ambulance — Coverage on an unlimited basis for land or air. Non- ‘emergency use subject to case management Coverage on an unlimited basis for land or air. Non- emergency use subject to case management ‘Outpatient Therapy Coverage Speech Therapy, Occupational Therapy, Physical Therapy and Chiropractic Services Electroshock Therapy Covered in full no copay. Maximum of 50 combined visits per year. After maximum, benefits are available on out of network basis. Subject to case management after ten visits. Covered above $35 copay for up to 15 visits per year. Subject to case management Covered at 80% of reasonable fee above deductible to out-of- pocket maximum. Maximum of 50 combined visits per year. Subject to case management after ten visits. Covered at 80% of reasonable fee above deductible to out-of- pocket maximum for up to 15 visits per year. Subject to case management. Home Health and Hospice Home Health Aid Covered in full for up to 80, days per year subject to a combined 20-day maximum for home health, nursing and therapeutic services; subject to case management. 19 of 28 Covered at 80% of reasonable fee above deductible to out-of- | pocket maximum for up to 80 | days per year subject to a | combined 200-day maximum | for home health, nursing and therapeutic services, subject to case management. Non-Union tells Handbook, Hevses June 21,2017 — for home health, nursing and therapeutic services; subject to case management Hospice Care Covered in full for up to last six months of life, subject to case management. General Provisions In Network Out of Network Nursing and Therapeutic Covered in full for up to a ‘Covered at 80% of reasonable Services combined 200-day maximum | fee above deductible to out-of- pocket maximum for up to combined 200 days per year for home health, nursing and therapeutic services, subject to case management. Covered at 80% of reasonable fee above deductible to out-of- pocket maximum, for up to six months, subject to case management. Skilled Nursing Facility Covered in full for up to 120 days; subject to case management. Covered at 80% of reasonable fee above deductible to out-of- pocket maximum, for up to 120 days per year, subject to case management. | Durable Medical Equipment | Covered in full subject to case Covered at 80% of reasonable | $200 for frames and lenses. and Prosthesis | management and ouy-lease fee above deductible to out-of- decision. pocket maximum, subject to | case management and buy- | lease decision. Vision Rider ~~ | Standard allowance up to ‘Standard allowances upto $200 for frames and lenses. Prescription Drug Benefits | Covered subject to copays of $5 for generic, $10 for brand name drugs. $3.00 for mail order. Unlimited maximum. Covered at 80% of reasonable fee above deductible to out-of- pocket maximum, The above chart is a summary of the highlights of this plan. A complete list of both covered and non-covered services can be found in the Summary Plan Description which is the official plan documents. If there are any differences between this summary and the official plan documents, the information in the Plan Documents take precedence. 20 of 28 on-Unlon Benefit Handbook, Revised une 24,2017, APPENDIX A-2 SUMMARY OAP3 PLAN DESIGN FOR CITY OF DANBURY EMPLOYEES General Provisions In Network Out of Network Calendar Year Deductible None Employee: $5,000 Employee & Family: $10,000 Calendar Year Out Of Packet | Unlimitied Employee: $15,000 Maximum Employee & Family: $30,000 Preventative Care T — OO Pediatric Paid at 100% After deductible is met, you Adult Paid at 100% | pay 50% and Plan pays 50% | of reasonable fees Vision Paid at 100% Hearing Screening Gynecological Routine Mammography Medical Services Medical Office Visit Allergy Services Diagnostic Labs & X-ray Inpatient Medical Services Surgery Fees - ‘One exam every 24 months Screening as part of physical exam Paid at 100% ‘One exam every calendar year Covered Covered according to age- based schedule 1 baseline screening between age 35 and 39; 4 soreening per calendar year J frome 40 a $15 Copay $15 Copay for office visits and | After deductible is met, you testing pay 50% and Plan pays 50% $0 Copay for injections, of reasonable fees covered 60 visits in 2 years | | Covered Covered _| Covered 1 21 of 28 ‘Nom Union denefts Hondbook, Revised une 21,2037 General Provisions Office Surgery In Network Out of Network Outpatient MH/SA Emergency Care Emergency Room Urgent Care Ambulance (non-emergency transportation is not covered al inpatient Hospital General/Medical/Surgical/ Maternity (semi-private) Ancillary Services, Medication, Supplies Psychiatric Substance Abuse Rehabilitative Skilled Nursing Facility $50 Copay (waived if admitted) $15 Copay Covered Covered Covered Covered Covered Covered up to 90 days per calendar year Covered up to 90 days per calendar year Covered After deductible is met, you pay 50% and Pian pays 50% - ___| of reasonable fees $15 Copay After deductible is met, you pay 50% and Plan pays 50% of reasonable fees $50 Copay (waived if admitted) $15 Copay Covered After deductible is met, you pay 50% and Plan pays 50% of reasonable fees Hospice Covered Outpatient Hospital 7 ~ a Outpatient Surgery Covered Facility charge Diagnostic Lab & X-ray Covered; X-ray subject to $15 Copay when performed in a hospital as a standalone procedure 22 of 28 After deductible is met, you pay 50% and Plan pays 50% of reasonable fees Non-Union Benefits Hondbook, Revised une 21,2017 Pre-Admission Testing — Covered Durable Medical Equipment | Covered After deductible is met, you | pay 50% and Plan pays 60% of reasonable fees Prosthetics Covered Vision Rider ~~) Standard allowance up to | Standard allowances up to $200 for frames and lenses, | $200 for frames and lenses \ ion Drug Benefits Covered subject to copays of | Not covered $10 for generic, $25 for listed brand name, and $35 for non- listed brand name for a 30 day supply, Twice the applicable copay for a 90 day supply by mail order when available. Unlimited maximum, The above chart is a summary of the highlights of this plan. A complete list of both covered and non-covered services can be found in the Summary Plan Description which is the official plan documents. If there are any differences between this summary and the official plan documents, the information in the Plan Documents take precedence. 23 of 28 ‘Non-Union Reefs Hanebaok, Revised une 21,2087 APPENDIX A-3 SUMMARY HDHP PLAN DESIGN FOR CITY OF DANBURY EMPLOYEES Effective July 1, 2012 Eligibility HDHP Plan i HDUP Plan, In Network ‘Out of Network ‘All employees except those excluded by federal law Eligible employees, spouse | Eligible employees, spouse and dependents to age 26 | and dependents to age 26 TDHP Plan ADAP Plan General Provisions In Network Member | Qut of Network Member Pays Pays Non-compliance Penalties | $500 per event $500 per event ‘All inpatient admissions | All inpatient admissions and outpatient hospital | and outpatient hospital services are subject to _| services are subject to preadmission/ | pteadmission/ recertification | precertification notification, concurrent _| notification, concurrent review and managed care | review and managed cate non-compliance penal non-compliance per ‘Co-payments| ‘Not applicable Not applicable Deductible 31,500 per individual per — | $1,500 per individual per plan year plan year 3,000 per family per plan | $3,000 per family per plan year year (Combined in network and | (Combined in network and - out of network) out of network) rance 0% after deductible 20% after deductible (Plan pays 100% after (80% by Plan and 20% by deductible) _ member) of reasonable fees | Maximum out-of-pocket | $1,500 for individual per | $3,000 for individual per plan year plan year $3,000 for family per plan | $6,000 for family per plan year year (Combined in network and | (Combined in network and | _ out of network) out of network) | Payment Basis, ‘Negotiated fees; no balance | 300% of MRC __| billing _ Plan Year July 1 = Tune 30 —__Liuly 1 Sune 30 24 of 28 ‘Non-Union Benefits Handbook, Revised June 21, 2017 DHP Plan HDHP Plan ‘General Provisions In Network Member — | Out of Network Member Pays ‘Pays Inpatient Hospital ~ Services Semi private room 0% after deductible 20% (Plan pays 80% of (inedically necessary (Plan pays 100% after reasonable fee after private room), physicians | deductible) deductible) and surgeons charges, maternity charges for mother and child, diagnostic and laboratory fees, physical therapy, occupational therapy, drugs, operating room fees, dialysis, ete. ‘Outpatient Hospital Services Operating and recovery | 0% after deductible 20% (Plan pays 80% of room, surgeons fees, lab | (Plan pays 100% after reasonable fee after and x-ray, Dialysis, deductible) deductible) radiation and chemotherapy, ete Inpatient Mental Health | 0% after deductible 20% (Plan pays 80% of Services (Plan pays 100% after reasonable fee after deductible) __| deductible Tpatient Substance 0% after deductible 20% (Plan pays 80% of Abuse Services (Plan pays 100% after reasonable fee after ___| deductibtey ___| deductible) ‘Outpatient Mental 0% after deductible 20% (Plan pays 80% of Health and Substance | (Plan pays 100% after reasonable fee after Abuse deductible) deductible) _ Physician Services Medical Care 0% after deductible 20% (Plan pays 80% of (Clinical indications of | (Plan pays 100% after reasonable fee after illness) deductible) deductible) Allergy Care 0% after deductible Office visits Testing (Plan pays 100% after 20% (Plan pays 80% of deductible) reasonable fee after - _ _ deductible) 25 of 28 Non-Union Benefits Handbook, Revised une 21,2017 HDHP Plan HDHP Plan General Provisions In Network Member | Out of Network Member Pays Pays Allergy Injections 0% after deductible 20% (Plan pays 80% of (Plan pays 100% after reasonable fee after deductible) deductible) Well Child Care 0% 20% (Plan pays 80% of ‘According to age based —_| (Plan pays 100%; reasonable fee after schedule, deductible waived) deduetible) (No clinical indications or history) ‘Aduli Physical 0% 20% (Plan pays 80% of Examinations (Plan pays 100%; reasonable fee after According to age based —_| deductible waived) deductible) schedule (No clinical indications or history) (includes hearing sereening) Routine Mammography | 0% 20% (Plan pays 80% of (No clinical indication or | (Plan pays 100%; reasonable fee after | history) deductible waived) deductible) | Vision Sereening 0% 20% (Plan pays 80% of (Plan pays 100%; reasonable fee after 7 : deductible waived) deductible) Routine Gynecological | 0% 20% (Plan pays 80% of (No clinical indication or | (Plan pays 100%; reasonable fee after history) deductible waived) deductible) Maternity Care 0% after deductible 20% (Plan pays 80% of (Prenatal and postnatal) | (Plan pays 100% after reasonable fee after 7 ___| deductible) deductible) _ Bmergency Care Emergency Room Visits | 0% alter deductible 20% (Plan pays 80% of (Plan pays 100% after reasonable fee after deductible) deductible) (No coverage if fail to meet | (No coverage if fail to meet “sudden and serious” “sudden and serious” requirement for emergency | requirement for emergency L care) care) 26 of 28 ‘Non Union Benet Handbook, Revised une 21,2017 HDHP Plan HDHP Plan General Provisions In Network Member Pays Out of Network Member Pays Urgent Care 0% after deductible (Plan pays 100% after deductible for medically necessary care) 0% after in network deductible (Plan pays 100% after deductible for medically necessary care) Walk-in Care (Walk in center or physician's office) 0% after deductible (Plan pays 100% after deductible) 20% (Plan pays 80% of reasonable fee after _ deductible) ‘Ambulance 0% alter deductible 0% after in network (Plan pays 100% after deductible deductible) | Outpatient Therapy Coverages Speech Therapy, Occupational Therapy, Physical Therapy Chiropractic Services 0% after deductible (Plan pays 100% after deductible) Maximum of 50 visits pet plan year (combined in- network and out-of- network) 0% after deductible (Plan pays 100% after deductible) Maximum of 50 visits pet plan year (combined in- network and out-of network) 20% (Plan pays 80% of reasonable fee after deductible) Maximum of $0 visits per plan year (combined in- network and out-of- network) 20% (Plan pays 80% of reasonable fee after deductible) Maximum of 50 visits per plan year (combined in- network and out-of _ 7 network) : Tabs and X-Rays 0% after deductible 20% (Plan pays 100% after (Plan pays 80% of deductible) reasonable fee after deductible) | High Cost Diagnostic ‘Testing (MRI, CAT, PET, C1) 096 after deductible (Plan pays 100% after deductible) 20% (Plan pays 80% of reasonable fee after deductible) 27 of 28 [Non Union Senelits Handbook, Revised une 21,2087 (Plan pays 100% afer HEP Plan ADAP Pian General Provisions In Network Member | Out of Network Member Pays Pays Tome Health Care 0% after deductible 20% (Plan pays 80% of reasonable fee after (Plan pays 100% after deductible) deductible) ‘Maximum of 200 days per | Maximum of 200 days per _ plan year plan year Hospice Care O% after deductible 20% (Plan pays 80% of reasonable fee after Maximum of 120 days (combined in-network and out-of-network) per plan year, subject to case ‘management deductible) deductible) Skilled Nursing Facility | 0% after deductible 20% (Plan pays 80% of (Plan pays 100% after reasonable fee after deductible) deductible) Maximum of 120 days (combined in-network and out-of-network) per plan year, subject fo case ‘management 0% after deductible Durable Medical 20% (Plan pays 80% of Equipment and (Plan pays 100% after reasonable fee after Prosthesis deductible) deductible) Vision Rider Standard allowance of $200 for frames and lenses Standard allowance of $200 for frames and lenses Prescription Drug Benefits 0% after deductible (Plan pays 100% after deductible) | 20% (Plan pays 80% of reasonable fee after deductible) The above chart is a summary of the highlights of this plan. A complete list of both covered and non-covered services can be found in the Summary Plan Description which is the official plan documents. If there are any differences between this summary and the official plan documents, the information in the Plan Documents take precedence 28 of 28 en-Union Benefits Hanlbook, Revised June 23,2087 Exhibit 3 EMPLOYMENT AGREEMENT CITY OF DANBURY DIRECTOR OF FINANCE ‘This Agreement is made by and between the City of Danbury (the "City") and David W. St. Hilaire of 84 Deer Hill Avenue, Danbury, CT (“Mr St, Hilaire” or the “Employee”). WHEREAS, the City has offered the position of Director of Finance to Mr. St. Hilaire has indicated his intention to accept such appointment; and ‘WHEREAS, the City and Mr. St, Hilaire desire to set forth their agreement concerning the terms and conditions of Mr. St. Hilaire’s employment; NOW, THEREFORE, in consideration of the mutual promises and agreements contained in this Agreement, the City and Mr. St. Hilaire agree as follows: 1, Tenm of Agreement “This Agreement shall be in effective as of July 16, 2007 and subject to modification or prior termination in accordance with the provisions of Section 1] below. For the purposes of this Agreement, a “contract year" shall be the City's fiscal year, commencing annually on July 1 and terminating on the following June 30. 3. Duties and Responsibilities ‘As the Director of Finance, the Employee shall serve as the head of the Finance Department and shall report to the Mayor of the City, ‘The duties and responsibilities of the Director of Finance are as set forth in the Charter of the City of Danbury, together with related duties as may be assigned by the Mayor. ‘The Employee shall devote his best efforts to the performance of his duties. Further, the Employee shall not engage in any activity, whether for compensation or not, which may jnterfere with his duties for the City or create either a conflict of interest or the appearance thereof. Itis understood and agreed that the Employee is available to respond as needed to carry out his responsibilities as head of the Finance Department, 4 Salary ‘The Employee's starting salary will be one-hundred twenty five thousand dollars ($125,000). His compensation will be adjusted consistent with compensation changes for all other non-union employees, but such adjustment shall not result ina reduction of the

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