Dwyer Will Receive Vacation Pay, Not Sick Time

When interim police Chief Rich Dwyer leaves office on Dec. 14, he will be paid for five unused vacation days, but will not be paid for sick days accrued during his five months of employment with the borough. 

The approval of Dwyer’s resignation was an item on Monday night’s council agenda. However, a vote regarding the benefits he would receive when he leaves office——was not included on the agenda.

Councilwoman Joan Hodson said she thought there should be two items on the agenda, one each to address Dwyer’s resignation, and the benefits he would receive upon his departure.

“There’s a difference between accepting a resignation and what we are willing to give this gentleman when he departs,” Hodson said. “I think it would be in our best interest to have two motions pertaining to this resignation.”

Hodson said she thought that would be the best way to address the situation. When Dwyer was hired, she said, the motion stated that he would be paid a rate of $5,550 a month with no health benefits. There was no mention of sick days or vacation days at that time, she said.

Coucilman Drew Lehman asked if the issue of post-employment compensation for Dwyer could be discussed before the vote was made, and solicitor Deron Gabriel said the conversation would have to happen in an executive session.

Council briefly discussed the issue in public and did not go into an executive session.

“Make a motion to give him his vacation days but not his sick days,” Lehman said to Hodson. “We’re making a compromise here.”

In an effort to show past practice in similar situations, Councilwoman Laurie Malka presented the resignation letter of former borough manager Warren Cecconi. According to that letter, submitted on April 1 about two years ago, Cecconi planed to use accumulated days to fill out his term for the remainder of the month. It was unclear whether those “days” indicated unused vacation or sick days.

But Hodson pointed out that Cecconi had a written contract with the borough, and Dwyer’s contract is verbal.

“Mr. Dwyer only has a verbal contract and we’re not really sure what he was promised in this verbal contract, so why don’t we just vote on the motion as it is and we’ll take it from there,” Hodson said.

Hodson’s motion was to approve payment to Dwyer for five vacation days. Dwyer will not be paid for sick days accrued while he was employed with the borough. His last day as a borough employee is Dec. 14.