HomeMy WebLinkAbout7/1/2009-6/30/2012 AGREEMENT
BETWEEN THE
TOWN OF NORTH ANDOVER
AND
NEW ENGLAND POLICE BENEVOLENT ASSOCIATION
LOCAL 2
EFFECTIVE JULY 19 2009 through JUNE 309 2012
ARTICLEI: PREAMBLE..............................................................................................................4
n
ARTICLE II: RECOGNITION CLAUSE......................................................................................4
ARTICLE III: MANAGEMENT RIGHTS ....................................................................................4
ARTICLE IV: UNION RIGHTS AND PRIVILEGES...................................................................5
ARTICLE V: NON-DISCRIMINATION ......................................................................................5
ARTICLEVI: SENIORITY...........................................................................................................5
Section1: Seniority List...........................................................................................................5
Section 2: Seniority Shift Bidding...........................................................................................6
ARTICLEVII: PROMOTIONS.....................................................................................................6
ARTICLE VIII: COMPENSATION..............................................................................................7
Section1: Salary Schedule.......................................................................................................7
Section 2: Step Rate Increase...................................................................................................7
Section 3: Night Differential....................................................................................................8
Section 4: Special Assignments...............................................................................................8
Section 5: Longevity Increments: ............................................................................................9
Section 6: Education Incentive Pay. ......................................................................................10
Section 7: Overtime and Paid Details....................................................................................11
Section8: Court Time............................................................................................................12
Section9: Translation Pay.....................................................................................................12
(� Section 10: Announced Retirement Pay. ...............................................................................12
ARTICLE IX: WORK SCHEDULE............................................................................................13
ARTICLE X: FRINGE BENEFITS .............................................................................................14
Section1. Holidays................................................................................................................14
Section2: Personal Days .......................................................................................................14
Section3: Vacation Leave. ....................................................................................................15
Section4: Sick Leave. ...........................................................................................................16
Section5: Sick Leave Bank...................................................................................................17
Section 6: Bereavement Leave...............................................................................................19
Section7: Terminal Leave.....................................................................................................19
Section 8: Uniform Allowance. .............................................................................................20
Section9: Liability Insurance. ...............................................................................................20
ARTICLE XI: GRIEVANCE AND ARBITRATION PROCEDURE.........................................20
ARTICLE XII: DISCIPLINE AND DISCHARGE......................................................................21
ARTICLEXIII: STRIKES ...........................................................................................................22
ARTICLEXIV: UNION DUES...................................................................................................22
ARTICLEXV: SHIFT SWAPS...................................................................................................22
(� ARTICLE XVI: DISABILITY LEAVE.......................................................................................22
NEPBA Local 2 Agreement—7/1/09 through 6/30/12 Page 2
ARTICLE XVII: FIREARMS PERMITS ....................................................................................24
ARTICLE XVIII: WEAPONS PROFICIENCY
ARTICLE XIX: DEFIBRILLATON PROFICIENCY.................................................................24
ARTICLE XX: ENHANCED TRAINING DIFFERENTIAL .....................................................24
ARTICLE XXI: CANINE OFFICERS.........................................................................................24
ARTICLE XXII: STABILITY OF AGREEMENT......................................................................26
ARTICLE XXIII: DURATION OF AGREEMENT....................................................................26
ATTACHMENTA........................................................................................................................28
SIDELETTER 1 ...........................................................................................................................29
NEPBA Local 2 Agreement—7/1/09 through 6/30/12 Page 3
ARTICLE I: PREAMBLE
WHEREAS, the Union and the Town ascribe to, and recognize the mission and purpose and the
Police Department is to provide quality law enforcement in an efficient manner; and
WHEREAS, the individual members of the Union are to regard themselves as public employees,
and are to be governed by the highest ideals of honor and integrity in all their public and personal
conduct in order that they may merit the respect and confidence of the general public; and
WHEREAS, the parties to this Agreement consider themselves mutually responsible to improve
the public service through the creation of increased moral and efficiency;
THEREFOR, the Agreement is entered into between the Town of North Andover, hereinafter
referred to as the "The Town", and the NEPBA, Local 2, hereinafter referred to as the "Union". It
is the intent and purpose of this Agreement to assure sound and mutually beneficial working
conditions and to provide a means of resolving any misunderstanding or differences which may
arise, and to set forth the basic and full agreement between the parties concerning rates of pay,
wages,hours of employment and other conditions of employment.
ARTICLE II: RECOGNITION CLAUSE
The Town hereby recognizes the New England Police Benevolent Association, Local 2, as the
exclusive representative of all permanent police officers and sergeants in the North Andover
Police Department, for the purpose of bargaining with respect to wages, hours of work, and other
conditions of employment. The bargaining unit shall exclude all ranks above that of sergeant and
all employees who are not permanent members of the department. Members of the Police
Department above the rank of Sergeant are specifically excluded from the bargaining unit.
ARTICLE III: MANAGEMENT RIGHTS
The Union recognizes that all of the functions, rights, powers, responsibilities and authority of
the Town in regard to the operation of its work and business and the direction of its work force
which the Town has not specifically abridged, deleted, delegated, granted or modified by this
Agreement are, and shall remain, exclusively those of the Town.
Without limiting the generality of the foregoing,the Town retains the rights and responsibility:
(1) to hire, discharge, transfer, suspend and discipline employees;
(2) to determine the number of employees required to be employed, laid off or
discharged;
(3) to determine the qualifications of employees;
(4) to determine the starting and quitting time;
(5) to make any and all reasonable rules and regulations;
(6) to determine the work assignments of its employees;
(7) to determine the basis for selection,retention and promotion of employees; and
NEPBA Local 2 Agreement—7/1/09 through 6/30/12 Page 4
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(8) to determine the methods and means of operations including but not limited to type of
equipment, facilities and work processes to be used.
ARTICLE IV: UNION RIGHTS AND PRIVILEGES
All job benefits heretofore enjoyed by the employees, either by State Statute, Personnel By-Law
or Civil Service, which are not specifically provided for or abridged in this Agreement, are
hereby protected by this Agreement. Where subject matter is covered by both this Agreement
and the Personnel By-Law,the language of the Agreement shall control. All other benefits which
are enjoyed by the employees covered by this Agreement are hereby protected by this Agreement.
The employer agrees to provide time off without loss of compensation or benefits for up to two
(2) members of the union bargaining committee, who might otherwise be scheduled to work, for
the purpose of meeting with the employer's bargaining committee in the course of negotiating a
collective bargaining agreement. The employer agrees to provide time off without loss of
compensation or benefits for one (1) union officer and one (1) employee for the purpose of
meetings with the employer in order to process grievances.
ARTICLE V: NON-DISCRIMINATION
The Town and the Union agree that neither will interfere with, restrain or coerce employees in
the exercise of their rights guaranteed by the General Laws and that neither will discriminate, nor
cause the other to discriminate with respect to appointment, tenure or employment and any term
or condition of employment based upon membership or non-membership in the union or based
upon participation or non-participation in legal union activities.
ARTICLE VI: SENIORITY
Section 1: Seniority List
A. The Town shall prepare and maintain, subject to examination and grievance by the Union, a
seniority list to record the status of each member in the Unit. Seniority shall be determined
by the date the employee is appointed as a permanent employee. In the event that two or
more employees are appointed permanent on the same day, seniority shall be determined by
the date the employee was appointed as a reserve. If such employees were appointed as
reserves on the same day, seniority shall be determined based upon their graded ranking on
the civil service list from which they were appointed. Seniority for sergeants shall be
determined by the date of appointment as a sergeant. The Town shall be responsible for
posting the list in the station. The Union shall be provided with a copy of the seniority list
and shall be notified of all changes. Any objections to the seniority list shall be subject to
the grievance procedure, such grievance shall be filed within ten(10) days of notification or
it shall stand approved.
NEPBA Local Agreement—7/1/09 through 6/30/12 Page 5
Section 2: Seniority Shift Bidding
A. Seniority for the purposes of this section is defined as: "Continuous service as a full-time
Police Officer with the North Andover Police Department accruing from the first day of the
most recent appointment."
B. Every first of February, full-time Patrol Officers and Sergeants shall indicate their first,
second and third shift preferences for shift assignment. Sergeants may also elect to bid a
fourth preference of the split night shift. Within thirty (30) days of the bidding, the Police
Chief will assign shifts according to the following process:
The most senior Officer will receive his/her first choice of shift preference followed
in turn by other Officers in descending order of their seniority. When shifts are
filled,then Officers will be granted their second choice while available.
C. The following positions are excluded from the shift bidding process:
Four(4) Detectives
One (1) Court Officer
One (1) Safety Officer
One (1) School Resource Officer
One (1) DARE Officer
Two (2) Traffic Officers
It is agreed that the Town shall have the right to assign newly hired police officers to any
shift. Such officers shall not be eligible to participate in seniority shift bidding, under
Section 2B above, until the annual shift bid following successful completion of the one-
year probationary period required by civil service law.
D. Shift reassignment contrary to the shift bidding process may be employed once per calendar
year per Officer for disciplinary purposes for a period not to exceed thirty (30) days, during
which time the most junior Officer assigned to the affected shift will be reassigned. A
written description of the reason for this disciplinary action will be immediately placed on
file with the Union President.
E. Full-time patrol officers and sergeants with bidding rights under Section 2B above shall
also have the right to bid their group preferences and be assigned to groups by seniority.
ARTICLE VII: PROMOTIONS
Vacancies will be filled in accordance with the provisions of civil service law and rules.
NEPBA Local 2 Agreement—7/1/09 through 6/30/12 Page-6
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ARTICLE VIII: COMPENSATION
Section 1: Salary Schedule.
A. Employees covered by this Agreement shall receive bi-weekly compensation in accordance
with the following salary schedule:
July 1, 2009—0.0% Min II III IV Max
Patrol Officers $38,983.32 $40,951.46 $43,589.13 $46,233.07 $49,195.39
Sergeants ----- $52,060.96 $55,489.85 $58,931.76 $62,779.64 *
July 1, 2010—0.0%
July 1, 2011 —2.0% Min H III IV Max
Patrol Officers $39,762.99 $41,770.49 . $44,460.91 $47,157.73 $50,179.30
n Sergeants ----- $53,102.18 $56,599.65 $60,110.40 $64,035.23 *
* Last step of the sergeants' schedule may not apply to all sergeants per Article VII, Section 1B.
B. The last step of the sergeants' pay schedule shall be eliminated for any officer promoted to
sergeant after the expiration of the civil service list in effect on the date of the execution of
the 1998-2001 Agreement.
Section 2: Step Rate Increase
A. An employee in continuous, full-time employment shall receive the increment between his
present rate and the next highest rate as follows:
1. After completion of six(6)months at the minimum or entrance rate.
2. Thereafter one year from the date of his previous increase until he attains the
maximum rate of the range of the compensation grade to which his position class is
assigned.
3. The increase in rate that this increment represents must be recommended by the
employee's department head and approved by the Town Manager.
4. The increase shall be based on performance of the employee during the preceding six
(6) month or twelve (12)month period and not solely on length of service.
NEPBA Local 2 Agreement—7/1/09 through 6/30/12 Page 7
B. Any employee who is not recommended to receive the increment shall have the right to
appeal to the Town Manager. Upon receipt of such appeal, the Town Manager may initiate
and approve the increment without the recommendation of the department head after
hearing both the employee and the department head, or may deny the appeal. The decision
of the Town Manager shall be final.
C. A new full-time employee denied an increment after six (6) months continuous
employment shall be considered again for such increment following completion of an
additional six(6) months continuous employment.
D. An employee receiving a promotion to a vacant position or to a new position shall, upon
assignment resulting from such promotion, receive the rate in compensation grade of the
vacant or new position next above his existing rate. If the resulting adjustment does not
equal $100.00 per year, the adjustment shall be to the second rate above the existing rate
but within the compensation grade of the vacant or new position.
E. The employee receiving a promotion and adjustment in rate pursuant to the provisions of
the preceding subsection shall receive the next increment of his compensation grade
effective following completion of six (6) months at the rate resulting from the promotion.
F. The Town Manager may authorize an entrance rate higher than the minimum rate upon the
recommendation of a department head supported by evidence in writing of special reasons
and exceptional circumstances satisfactory to the Manager and such other variance in the
classification and compensation plans as it may deem necessary for the proper functioning
of the service of the Town.
Section 3: Night Differential.
A. Employees regularly assigned to work the early night shift or the late night shift shall be
paid a 66/o differential payable weekly and computed on their regular weekly salary.
B. Said night shift differentials shall be calculated separate and apart from the base pay but
shall be included in the calculation of overtime pay.
C. Said night shift differentials shall not, however, be paid to employees in sick leave or
injured leave.
Section 4: Special Assignments.
A. Officers assigned to work as detectives shall be paid a $1,000 lump sum in June, payable
separate and apart from base pay, and pro-rated based on the number of months in the fiscal
year the employee was assigned such work.
B. An officer assigned to work as Training Officer shall be paid a $1,000 lump sum in June,
n payable separate and apart from base pay, and pro-rated based on the number of months in
the fiscal year the employee was assigned such work.
NEPBA Local 2 Agreement—7/1/09 through 6/30/12 Page 8
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C. An officer assigned to work as Safety Officer shall be paid a $1,000 lump sum in June,
payable separate and apart from base pay, and pro-rated based on the number of months in
the fiscal year the employee was assigned such work. If the Police Department chooses to
have two officers performing the duties of a Safety Officer, each officer will be paid the
$1,000 lump sum in June.
D. An officer assigned to work as School Resource Officer shall be paid a$1,000 lump sum in
June, payable separate and apart from base pay, and pro-rated based on the number of
months in the fiscal year the employee was assigned such work.
E. An officer assigned to work as Court Officer shall be paid a $1,000 lump sum in June,
payable separate and apart from base pay, and pro-rated based on the number of months in
the fiscal year the employee was assigned such work.
F. An officer assigned to work as the D.A.R.E. Officer shall be paid a $1,000 lump sum in
June, payable separate and apart from base pay, and pro-rated based on the number of
months in the fiscal year the employee was assigned such work.
Section 5: Longevity Increments:
A. An employee of the Town who has been in continuous full-time employment shall be paid,
in addition to the compensation received under the present plan, annual increment
determined as follows:
Length of Service
Over 5 but not over 10 years $ 500
Over 10 but not over 15 years $ 800
Over 15 but not over 20 years $ 900
Over 20 but not over 25 years $1,000
Over 25 years $1,100
B. An employee will become eligible for longevity increments on the 5th, 10th, 15th, 20th and
25th anniversary date of his employment.
C. An employee who qualifies for longevity compensation and then leaves the employ of the
Town shall not be entitled to such compensation if re-employed until a new ten-year period
of continuous full-time employment has been served.
D. If the service of an employee is interrupted by lay-off, military service, or other reason not
resulting from the employee's own action, total service will be considered as continuous
service.
NEPBA Local Agreement—7/1/09 through 6/30/12 Page 9
LL.
E. Longevity shall be paid weekly as part of base pay and included in the calculation of
overtime or other purposes and shall be treated as part of compensation for pension and
retirement purposes only.
Section 6: Education Incentive Pay.
A. Employees hired before July 1, 2009, and participating in the educational incentive
program known as the "Quinn Bill"pursuant to M.G.L. c. 41, §108L as of that date, shall
continue to receive education incentive pay pursuant to that statute, notwithstanding under-
funding of the reimbursement towards the incentive program by the Commonwealth of
Massachusetts. However,the Town will continue to seek financial support from the
Commonwealth for such program to the extent it remains available, and may take such
administrative steps as may be required to accomplish this purpose.
B. Employees who are not eligible for Quinn Bill incentives, including all officers hired on or
after July 1, 2009, shall receive an education incentive based upon their educational
attainments, as set forth below.
C. Employees who possess an Associates Degree, from a two-year program at an accredited
institution, in Criminal Justice or a field reasonably related to law enforcement, shall
receive an education incentive in the amount of$3,000 per year,payable in a pro rata
amount in the employee's regular paycheck,which amount shall be included in calculating
the overtime rate.
D. Employees who possess a Bachelor's Degree from a four-year accredited college or
university shall receive an education incentive in the amount of$6,000 per year,payable in
a pro rata amount in the employee's regular paycheck, which amount shall be included in
calculating the overtime rate. The Bachelor's degree must be in Criminal Justice, in a
Liberal Arts or Business related discipline, in forensic science, or in a discipline recognized
by the policy referenced below.
E. The intent of the education incentive is to attract and reward employees who have attained a
degree that emphasizes critical thinking skills, as well as oral and written communication.
Accreditation for the purposes of the colleges and universities granting the degrees for
which compensation will be paid shall mean accreditation by the New England Association
of Schools and Colleges(NEASC) or an equivalent regional accrediting agency in another
region. Programs granting degrees recognized for the purposes of this Article must be
reasonably rigorous, and programs delivering content primarily through on-line methods .
may be scrutinized to a greater extent, as will programs granting credits for"life
experience."
F. The Town shall develop policy as necessary to implement this Article of the agreement in
consultation with a committee of department members representing a cross section of the
department in terms of rank and assignment, and including one or more members
n designated by the Union. The policy will guide the interpretation of this provision of the
agreement as it relates to the type of degrees that are deemed to be related to law
NEPBA Local 2 Agreement—7/1/09 through 6/30/12 Page 10
enforcement for the purpose of the Associates Degree, the types of degrees that can qualify
for the Bachelor's Degree stipend, the colleges and programs that will be acceptable, and
the procedure for notifying the Town of a degree and the proof required. In the event of a
disagreement regarding the policy, the matter will be submitted to the Town Manager for
final determination.
G. The parties intend that any educational incentive paid hereunder will satisfy or be applied
towards the requirements of any future statutory educational incentive program, should
such a program be enacted and be applicable to employees of the Town. If available under
such future enactment,the Town may seek financial support from the Commonwealth for
such program, and may take such administrative steps as may be required to accomplish
this purpose.
Section 7: Overtime and Paid Details.
A. Overtime
i. In the event that a need for overtime should occur in the department because of
sickness, vacation, or other unforeseen conditions, overtime shall be administered by
the Chief or his designee, and shall be paid at the rate of time and one-half of the
regular rates of pay.
ii. When the Chief or his designee determines that there is a need for overtime work,
such work shall first be offered to all full-time regular police officers. If none of the
full-time regular police officers accept such overtime work, the Town may offer the
work to reserve officers.
iii. Notwithstanding sub-section ii above, the Town may first offer overtime work to
reserve officers whenever the position of a full-time regular officer is vacant or open
by reason of absence from duty in excess of fourteen (14) consecutive calendar days.
Use of a shift swap or paid leave for an absent officer will not restart or affect the
running of the 14-day period.
iv. All mandatory call-in shifts for all officers will be paid at time and one half and a
minimum shift of 3 hours.
B. Outside Details
i. All outside details, exclusive of strike details, shall be paid at the rate of$43.00 per
hour, with a four (4) hour minimum period, for all details except for municipal
details, which shall be paid at the rate of $40.00 per hour. Municipal details are
defined as those details that are paid directly by the Town of North Andover (or any
of its departments) or are paid by a contractor/vendor who is paid by the Town of
North Andover (or any of its departments). Details in excess of four hours in length
(� paid will be paid for eight (8) hours. Details in excess of eight (8) hours will be paid
NEPBA Local 2 Agreement—7/1/09 through 6/30/12 Page 11
for a minimum of twelve (12)hours. Outside details shall be assigned by the Chief of
Police or his designee.
ii. Strike detail pay shall be paid at the rate of time and one-half the regular detail rate set
forth in sub-section i. Saturday, Sunday and holiday details shall be at time and one-
half times the usual detail rate.
iii. Given the nature of outside details, rates of pay for outside details shall take effect as
of the effective date of a collective bargaining agreement and shall not be paid
retroactively prior to the effective date of the agreement..
iv. Once the Chief determines the need for a paid detail assignment, said assignment will
be offered first to regular police officers within the bargaining unit prior to being
offered to persons outside the bargaining unit.
v. The Town and its Police Chief, along with the assistance of the police officers, shall
seek to enforce those laws requiring contractors to notify the Police Chief of
contemplated roadwork.
vi. The Town Manager will request that all municipal departments notify the Police
Chief of contemplated roadwork.
vii.The Town will compensate officers for paid outside details in the pay period
immediately following the workweek in which the outside detail was worked.
Section 8: Court Time
Employees assigned to court, or appearing in any court in their official capacity as North
Andover police officers, shall be paid time and one-half for the amount of time in attendance
with a minimum of four (4) hours. Overtime for this purpose shall be calculated to include
payments under education incentive.
Section 9: Translation Pay
An employee who is required to come in from off-duty to translate in any language will be paid
one and one-half times their regular hourly rate for each hour in attendance with a minimum of
three (3)hours pay.
Section 10: Announced Retirement Pay
An employee of the Town, who is eligible for retirement and announces his retirement three
years in advance of the actual date of retirement, shall be paid a$1,000.00 lump sum in June,per
year for three years,payable separate and apart from base pay for overtime or other purpose.
�1
NEPBA Local 2 Agreement—7/1/09 through 6/30/12 Page 12
ARTICLE IX: WORK SCHEDULE
Section 1. Employees shall work a so-called "4 and 2" work schedule consisting of four (4)
consecutive days (or nights), on duty followed by two (2) consecutive days (or nights), off duty
under a six-week rotating schedule.
Section 2. The regular workday shall consist of eight and one-half(8 1/2) hours including fifteen
(15) minutes before the scheduled shift starting time and fifteen (15) minutes following the
scheduled shift ending time. No overtime shall be incurred as a result of these fifteen-minute
periods before and after the scheduled shift notwithstanding any provision to the contrary in this
Agreement. The existing meal break practice during the shift shall be maintained during the term
of this Agreement. The regular work year shall consist of 244 days.
Section 3. The hourly rate shall be computed by dividing the annual salary, as specified in
.Article VIII, Section 1, by 2074 hours (8.5 hours x 244 days). The overtime rate of pay shall be
one and one-half times the hourly rate.
Section 4. Notwithstanding the foregoing provisions to the contrary, the Town and its Police
Chief reserve the right to assign employees in administrative and specialist positions to a five (5)
consecutive day schedule where said schedule is_determined by the Police Chief to best serve the
Town. In such cases, the employees working the 5 day work schedule shall receive two (2)
consecutive days off and, in addition, shall in each fiscal year, receive seventeen (17)
compensatory days off.
Section 5. In addition to those officers regularly assigned to work a 5 and 2 schedule under
Section 4 of this Article, the Town reserves the right to assign employees to a training program
for five (5) consecutive days in which case the employees shall receive compensation at the time
and one-half rate of pay for those days spent in the training program which fall on their regularly
scheduled days off under the 4 and 2 work schedule. Said time and one-half compensation shall
be for a maximum of 8.5 hours for any such training day falling on a regularly scheduled day off.
Officers attending a training program under this provision shall be reimbursed up to $5.00 for
any lunch meal not provided, for which they are required to pay, and shall be reimbursed at the
rate of$.21 per mile if required to use a personal motor vehicle as transportation to and from the
training program.
Section 6. Officers attending basic training at an academy shall comply with whatever schedule
is required for attendance, notwithstanding any contrary provision of this Article, and shall
receive only their regular weekly compensation without overtime compensation irrespective of
the hours required at the academy.
It is understood and agreed that, under M.G.L. c41, s96B, student officers are not members of the
bargaining unit and are not therefore covered by the collective bargaining agreement until they
successfully complete the required academy training, and are sworn in to exercise police powers.
n Once an employee becomes sworn in as a regular, permanent police officer, it is understood that
NEPBA Local 2 Agreement—7/1/09 through 6/30/12 Page 13
seniority shall be measured from the date of appointment as a full-time employee, consistent with
n the practice in effect prior to the negotiation of the current Agreement.
ARTICLE X: FRINGE BENEFITS
Section 1. Holidays
A. The following days shall be recognized as paid holidays:
New Year's Day Labor Day
Martin Luther King Day Columbus Day
Washington's Birthday Veteran's Day
Patriot's Day Thanksgiving Day
Memorial Day Christmas Day
Independence Day
B. Notwithstanding any other provision of the Agreement, employees may elect to be
compensated for holidays only in the manner set forth below. Employees may elect
between the options by November 30`h to be in effect for all holidays during the entire
following calendar year. In the case of either option, it does not matter whether the
employee is scheduled to work the holiday or not, and it does not matter whether the
employee works the holiday or not.
i. Holiday Pay: For each of the above listed holidays, the employee who selects this
option shall receive, in addition to regular pay, 1/4 of his/her base weekly pay as
holiday pay.
ii. Time Off. The employee who selects this option will be entitled to eleven (11) days
off, with pay, to be requested and approved in accordance with other time-off
requests. Five (5) days off will be granted in the first six months of the calendar year,
and six (6) days off will be granted in the second six months of the calendar year.
The days off must be taken during the six-month period in which they were granted,
and may not be carried over into a subsequent six-month period, or a subsequent
calendar year.
Section 2: Personal Days
A. Employees will be allowed four (4) Personal Days per calendar year. Personal Days cannot
be carried beyond the calendar year in which they were granted. The notice required will
be as follows:
2 days: 4 hour notice
2 days: 24 hour notice
B. Personal Days are not to be used on or immediately before holidays. The granting of
Personal Days will be limited to one Officer per shift. These days are granted on a "first
NEPBA Local 2 Agreement—7/1/09 through 6/30/12 Page 14
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come, first served" basis. However, in cases of conflict, the senior Officer is granted
preference. The above notice requirement will be waived in the event of a documented
medical emergency of the Officer or an immediate family member.
Section 3: Vacation Leave.
A. A full time employee in continuous service shall be granted vacation with pay on the
following terms:
i. An employee who has completed six months of service shall be entitled to one week.
of vacation with pay.
ii. An employee who has completed one year of service shall be entitled to two weeks of
vacation with pay.
iii. An employee who has completed five years of service shall be entitled to three weeks
of vacation with pay.
iv. An employee who has completed ten years of service shall be entitled to four weeks
of vacation with pay.
v. Employees with more than twelve years, but less than twenty years' service, shall be
entitled to an additional vacation over the four-week entitlement under sub-section iv.
above, as follows:
1. After 12 years' service, one (1) day
2. After 14 years' service,two (2) days
3. After 16 years' service,three (3) days
4. After 18 years' service,four(4) days
vi. The vacation allowance provided under the terms of this section may be carried over
and accumulated, as of each January l'`, provided that the carried over vacation days
do not exceed the number of days earned during the prior vacation year. Vacation
allowance shall be granted by the head of the respective department of the town at
such time as, in his opinion, will cause the least interference with the performance of
the regular work of the town.
vii. An employee who has completed twenty years of service shall be entitled to five
weeks of vacation with pay. Also, any employee will be "grandfathered" who has
"bought" back service as a reserve officer as full time service, equaling 20 years, and
would thus fall into this category during the term of the contract.
B. Upon the death of an employee who is eligible for vacation under these rules,payment shall
be made to the estate of the deceased in an amount equal to the vacation year prior to the
employee's death but which had not been granted. In addition, payment shall be made for
NEPBA Local 2 Agreement—7/1/09 through 6/30/12 Page 15
that portion of the vacation allowance earned in the vacation year during which the
employee died, up to the time of his separation from the payroll.
C. Employees who are eligible for vacation under these rules and whose services are
terminated by dismissal through no fault or delinquency of their own, or by retirement, or
by entrance into the armed forces, shall be paid an amount equal to the vacation year prior
to such dismissal, retirement, or entrance into the armed forces.
D. In addition, payment shall be made for that portion of the vacation allowances earned in the
vacation year during which such dismissal, retirement, or entrance into the armed forces
occurred up to the time of employee's separation from the payroll.
E. Absences on account of sickness in excess of that authorized under the rules therefore, or
for personal reasons as provided for under other leave may, at the discretion of the
department head,be charged to vacation leave.
F. The vacation year shall be January 1 to December 31. One week of vacation shall consist
of five (5) workdays.
Section 4: Sick Leave.
A. A full-time employee in continuous service who has completed six months of service shall
be allowed six (6) days leave with pay and thereafter shall be allowed leave of one and one-
quarter (1'/4) days for each month of service, provided such leave is caused by sickness or
injury or by exposure to contagious disease.
B. An employee shall be credited with the unused portion of leave granted under sub-section
(A).
C. If the amount of leave credited provided under sub-section (B) has been or is about to be
exhausted, an employee may make application of additional allowance to that provided
under sub-section (A). Such application shall be made to the Town Manager who is
authorized to grant such additional allowance as it may determine to be equitable after
reviewing all circumstances including the employee's attendance and performance record
prior to conditions supporting his request for the additional allowance.
D. Sick leave must be authorized by the department head and must be reported, on blanks
provided for the same, to the Town Manager.
E. A physician's certificate of illness shall be submitted by the employee after three days
absence to the department head before leave is granted under the provisions of this section.
This certificate shall be forwarded by the department head to the Town Manager.
F. Employees absent on sick leave for more than four (4) consecutive tours of duty shall be
required to report to the Police Chief s office upon leaving their residence, indicating the
reason for leaving and the expected time of return.
NEPBA Local 2 Agreement—7/1/09 through 6/30/12 Page 16
G. The Town Manager may, of his own motion, require a medical examination of any
employee who reports his inability to report for duty because of illness. This examination
shall be at the expense of the Town by a physician appointed by the Town Manager.
H. Sick Leave Control —An employee with a history of excessive short-term sick leave usage
or a pattern of absences suggesting abuse shall be counseled by the Police Chief or his
designee. If the history or pattern continues, the employee may be required to submit a
physician's certificate, at the employee's expense, which verifies that the employee was
examined and found to be medically unfit for duty.
I. Injury, illness or disability, self-imposed, shall not be considered a proper claim for leave
under this section.
J. Payments made under the provisions of this Section will be limited in the case of an
employee who is receiving Injury Leave Compensation and the employee's regular rate.
K. In the event of payments made to an employee under the preceding sub-section, the Town
may debit the employee's sick leave accrual by such amounts as it determines to be
equitable in relation to such payments.
L. Nothing in this section shall be construed to conflict with M.G.L. c41, s100.
n Section 5: Sick Leave Bank.
A. The following rules and regulations are promulgated for the purpose of administering a sick
leave bank for members of NEPBA, Local 2.
B. There is hereby established a sick leave bank from which employees that have exhausted
their sick leave can make application to draw additional sick leave benefits. Employees
contribute to this bank on a voluntary basis, from their accumulated, unused sick leave
credits. Procedures and standards for contribution shall be as follows:
i. The bank shall be administered by the Police Chief or designee.
ii. Each application for sick leave from the bank will be made on a form to be supplied
by the Town and shall be considered separately by the Police Chief or designee. The
employee act of contributing to the bank does not guarantee the right to draw from the
bank. Decisions made by the Police Chief or designee shall be subject to the
grievance and arbitration provisions of the Collective Bargaining Agreement. The
Union hereby waives its rights to grieve a decision made by the Police Chief or
designee permitting an employee to draw from the bank over the objection of the
Union.
n iii. The Police Chief or designee may require an employee, who applies to draw from the
bank, to provide a medical certificate as to illness. The Police Chief or designee may
NEPBA Local 2 Agreement—7/1/09 through 6/30/12 Page 17
Lop
re-evaluate each case at one month intervals, and, in that regard, the Police Chief or
designee may require that the employee furnish further medical certification of illness,
at no expense to the Town.
iv. The employee, while on the bank, shall not earn or accumulate sick leave.
V. The employee who is drawing from the bank for a period of more than thirty (30)
consecutive calendar days shall forfeit a portion of his vacation leave. The portion so
forfeited shall be determined by dividing the number of calendar days on which the
employee is utilizing the bank by 365. Fractions shall be rounded off to the nearest
whole day. In the event that said employee shall have remaining vacation leave, the
Police Chief or designee shall determine how much of the leave will be credited as
vacation and how much will be credited to the employee as sick leave. In the event
that the employee shall have exhausted his vacation leave prior to drawing from the
bank, adjustments shall be made from the employees vacation leave for the following
calendar year. In the event that an employee drawing from the bank has accumulated
unused vacation leave, which he is unable to use during the calendar year due to his
sick leave status, the unused vacation leave will be credited as sick leave upon his
return to active duty in the next calendar year, after the deduction of vacation leave, as
provided in this section.
vi. Employees who are on their one year probationary period have the option to join the
�.1 sick leave bank after six months, but may wait until three months after their one year
probationary period has been lifted. Employees must contribute two (2) of their
personal sick leave days to join the sick leave bank.
vii. In the event that the number of days remaining in the bank reaches thirty (30), the
Police Chief or designee shall notify the Union of this fact and shall assess each
participating employee one (1) additional day of sick leave to be added to the bank.
Any participating employee who does not wish to contribute the additional day shall
so notify the Police Chief or designee within ten(10) days of the posting of the Police
Chiefs or designee's intention to make the assessment. In that event, the employee
shall forfeit any further consideration for eligibility to draw from the sick leave bank
and shall forfeit the use of days already contributed. The days so forfeited will remain
in the bank for use by participating members. Each member will be assessed one (1)
day each time additional contributions are needed.
viii. Employee entitlement to draw from the said bank shall be determined by the Police
Chief or designee on the basis of, among other considerations, information and data
supplied by the Union, information and data supplied by the Town, attendance and
performance, provided, however, that an employee must contribute to the bank in
order to be eligible to draw from the bank. Upon receipt of an application for use of
the bank, the Police Chief or designee shall notify the Union and the Town, who shall
supply information and data in writing, as they see fit, within seven (7) days of
n notification. However, the Police Chief or designee, in his discretion, may
NEPBA Local 2 Agreement—7/1/09 through 6/30/12 Page 18
�2
temporarily allow an employee to draw from the bank pending the receipt of this
n information and data.
ix. The maximum time an employee may remain on the bank is one (1) year. The Police
Chief or designee may allow up to one (1) additional year if he/she feels it is
necessary and justified. The Police Chief or designee may require, as a condition of
granting benefits beyond one year, that the employee be examined by a physician
chosen by the Town at the expense of the Town. It is the intent of this Article that an
employee not return to active duty at the end of one year's drawing on the bank for the
purpose of reinstating his eligibility to draw from the bank without the necessity of an
examination by a physician chosen by the Town.
X. If the Police Chief or designee rejects an employee's application for use of the bank,
such rejection shall be in writing and shall state the specific reasons for the rejection.
xi. These rules and regulations may be amended by collective bargaining or by mutual
consent of the Town and the Union.
Section 6: Bereavement Leave.
Emergency leave up to four days may be allowed for death in an employee's immediate family
(wife, husband, child, parent of either spouse, grandparents of either spouse, brother or sister,
persons in the immediate household and in-laws of current spouse).
Section 7: Terminal Leave.
A. An employee whose service is terminated by retirement or death shall be allowed a portion
of his accumulated sick leave as terminal leave. The following formula shall be used in
computing the amount of terminal leave to be allowed a retiring or deceased employee.
i. Twenty-five (25) whole years of continuous full-time service shall be considered
100% service.
H. An employee who qualifies for terminal leave shall be entitled to the same percentage
that the number of years of service bears to the 100% service factor of 25 years,
provided that in no case shall said leave be measured by more than 60 days
accumulated sick leave, or twelve work weeks, whichever is less.
iii. In addition to the 60 days accumulated sick leave, or twelve work weeks as provided
above, an employee who has accumulated sick leave beyond 60 days shall receive
50% of such additional accumulated sick leave to a maximum of an additional 60
days. For example, an eligible retires with an accumulation of 180 sick days could
receive 120 days: 60 days at 100%plus 120 days at 50%.
n
NEPBA Local 2 Agreement—7/1/09 through 6/30/12 Page 19
�L
Section 8: Uniform Allowance.
A. Employees will receive a yearly uniform allowance of$600 per year for the purchase and
replacement of uniforms, necessary work clothes and standard equipment. Purchase of
sports jacket and slacks or a suit suitable for appearance on behalf of the Town in court
shall be permitted as expenditure out of the uniform allowance. Any expenses arising from
any change in the prescribed uniform shall be borne by the Town and shall not be
attributable to the clothing allowance.
B. Employees shall be neatly dressed at all times while on duty, in uniforms that comply with
the departmental specifications. Only regular and reserve sworn officers of the North
Andover Police Department will be allowed to wear the North Andover Police Department
shoulder patch.
C. Expenditure of full uniform allowance shall not excuse an officer from maintaining his
uniform in compliance with departmental specifications.
D. Employees out on injury leave or sick leave for a year or more shall not be eligible for the
uniform allowance.
E. Officers will be allowed to wear turtleneck shirts, subject to the conditions set forth below.
The type of turtleneck, the color, its insignia (if any) and the period when they can be worn
will be at the discretion of the Police Chief. If the Police Chief decides that the wearing of
a turtleneck during the designated period is optional with the individual officer, the
turtleneck will be purchased by the officer and chargeable to the annual clothing allowance.
If the Police Chief decides that all officers will wear a turtleneck during the designated
period, the purchase of one (1) turtleneck per officer will be borne by the Town. This
provision shall not detract from the Police Chief s authority to determine and enforce
uniform regulations in all other respects.
Section 9: Liability Insurance.
The Town shall purchase and maintain a police professional liability insurance policy covering
all the full-time employees of the department.
ARTICLE XI: GRIEVANCE AND ARBITRATION PROCEDURE
A. Any grievance, defined as a dispute, which may arise over the application, meaning or
interpretation of this Agreement, shall be settled in the following manner and shall be in
writing.
Step 1: The Union representatives along with the -aggrieved employee shall present the
grievance to his immediate Supervisor within three (3) calendar days of the occurrence
and every attempt shall be made to settle the grievance at this Step. If the Grievance has
not been settled by the Supervisor within three (3) calendar days from the time it is
presented to him, it shall proceed to Step 2.
NEPBA Local 2 Agreement—7/1/09 through 6/30/12 Page 20
Step 2: The Union representatives, with or without the aggrieved employee, shall present
the grievance in writing to the Chief within ten(10) calendar days after the response from
the supervisor is due. The Chief has ten (10) calendar days from the time the grievance is
presented to him to respond.
Step 3: If the grievance is not adjusted in step 2, it shall be presented, in writing to the
Town Manager or designee, with a copy to the Chief, within five (5) calendar days after
the response from the Chief is due. The Town Manager or designee has ten(10) calendar
days from the time the grievance is presented to them to arrange a meeting with Union
representatives to resolve the grievance. Within four (4) calendar days of such meeting,
the Town Manager or designee shall provide a written disposition.
Step 4: If the grievance is not resolved at Step 3, the Union, and only the Union, may,
within fifteen (15) calendar days after the reply of the Town Manager is due, submit the
grievance to arbitration. Submission to arbitration shall be by letter to the American
Arbitration Association with a copy to the Town Manager.
B. The arbitrator shall be selected and the arbitration shall be conducted in accordance with
the rules of the American Arbitration Association. Expenses for the arbitrator's services
shall be shared equally by the parties.
n C. The arbitrator shall be without power to alter, amend, add to, or subtract from the express
language of this Agreement. The decision of the arbitrator shall be final and binding on the
parties. Money awards resulting from a decision of the arbitrator shall in no case be
retroactive prior to the date of submission of the grievance in writing to the Union.
D. A grievance shall be deemed waived unless presented to the next higher Step within the
time limits so provided unless such time limits for filing a grievance are extended by
mutual agreement of the parties. "Calendar days", as used in this Article, shall not include
Saturday or Sunday for purposes of the time limits under the grievance procedure.
E. The Union Grievance Committee shall be allowed access at all reasonable times to Town
property and records relevant for the purposes of investigating a grievance. Employees
who have not completed their twelve (12) month probationary period shall not have access
to the grievance and arbitration procedure in cases of their discipline or discharge.
Employees shall elect between arbitration and Civil Service Appeal procedures as the
exclusive remedy in resolving issues of discipline or discharge.
ARTICLE XII: DISCIPLINE AND DISCHARGE
Section 1. Employees covered by this Agreement, who have completed their twelve (12) month
probationary period, shall not be disciplined or discharged except for just cause.
Section 2. Employees who have not completed their probationary period shall not have access to
the grievance and arbitration procedures concerning their discipline or discharge.
NEPBA Local 2 Agreement—7/1/09 through 6/30/12 Page 21
�1 Section 3. The parties have discussed and agreed that the Chief may add to the Department's
Rules and Regulations the terms set forth in Attachment"A".
ARTICLE XIII: STRIKES
Section 1. The Union agrees that during the term of this contract, neither the Union, its agents,
nor its members, will authorize, aid or assist, instigate or engage in any work stoppage, slow-
down, sick out,picketing,refusal to work or strike against the Town.
Section 2. In the event that any member of the Union violates this Article, the Town shall have
the right to discipline the employee by way of discharge or otherwise and no such disciplinary
action shall be subject to the grievance procedure provided for in this Agreement. Refusal to
cross any picket line in the performance of duty shall be a violation of this Article.
ARTICLE XIV: UNION DUES
The Union dues, as certified by the Union Treasurer to the Town Accountant, shall be deducted
on a bi-weekly basis from each employee who authorizes such deduction in writing in
accordance with M.G.L. c180, s17A. The Town Accountant will transmit such payments, along
with an up-to-date payroll listing,to the Union Treasurer.
n ARTICLE XV: SHIFT SWAPS
Shift swaps will be requested on pre-printed forms provided by the Department, signed by both
officers, and submitted to the Chief or designee for approval. Once approved, the swapped shift
becomes the responsibility of the officer who has swapped on it. That officer must appear for the
shift or he/she will be docked the equivalent amount of pay. Officers who swap off a shift may
not work for the Department during those shift hours (not including details) without the prior
consent of the Police Chief. Officers are not restricted in the number of shift swaps.
ARTICLE XVI: DISABILITY LEAVE
Section 1. Employees who sustain an injury in the performance of their duty shall be eligible to
receive injured leave in accordance with the provisions of M.G.L. c41, s111F, the appellate cases
interpreting said section, and analogous provisions of M.G.L. c152. Such determinations are
made in the first instance by the appointing authority, subject to recourse under the
grievance/arbitration procedure.
Section 2. Employees claiming paid injured leave (including a recurrence of a prior injury) under
M.G.L. c41, s100, or related applicable sections, shall be required, as a condition of eligibility for
such compensation or reimbursement,to do the following:
a. Provide all requested information concerning the claimed injury and provide
affirmative evidence of incapacity for duty because of injury sustained in the
performance of his duty without fault of his own;
NEPBA Local 2 Agreement—7/1/09 through 6/30/12 Page 22
b. Provide all release to the Town and its agents all relevant medical evidence and
documentation pertinent to the cause, diagnosis, and treatment of the injury for
which compensation or reimbursement is claimed;
C. Undergo an examination by a physician or other medical specialist designated by
the employer to determine diagnosis, prognosis and recommendations for
treatment, and to advise the employer concerning issues of causation;
d. Promptly notify the Town of any material change in medical condition, including,
but not limited to, any hospitalization or recommended surgery; and,
r
e. Take all reasonable steps to hasten his/her return to duty status, including avoiding
work or leisure activities which could foresee ably jeopardize or slow his/her
recovery, and adhering to all prescribed treatments and therapies.
Section 3. An employee seeking or receiving injured leave may be denied such leave for any of
the following reasons:
a. Attempting to deceive or mislead a physician or medical specialist concerning his
case;
n b. Failing to cooperate with the Town in obtaining medical or other evidence relating
to his injury, incapacity and treatment, in conjunction with initial and follow-up
evaluations and monitoring by the Department-designated physicians and medical
professionals; or
C. Failing to make diligent efforts to comply with treatment and rehabilitation
recommendations of the employee's physician or engaging in activities that will
interfere with his/her prompt return to duty.
Section 4. Employees receiving paid disability leave are not eligible to accrue other forms of
paid leave after 180 calendar days on such leave.
Section 5. Nothing in this Article shall affect in any way the Town's ability to initiate retirement
proceedings for an employee who is medically incapacitated from resuming his usual duties.
Section 6. The Union acknowledges the Town's right to monitor the rehabilitation of employees
who are unable to report to work due to incapacity, with the goal of returning the employee to
work as soon as the incapacitating condition allows it. Employees are obligated to cooperate in
this effort. Nothing in this Section or Article shall be deemed to impair or diminish the right of
an employee to examination and treatment by a physician of his/her choice.
Section 7. The Town shall provide and maintain insurance for the purpose of paying the
hospital, medical, and surgical expenses incurred by an employee who is injured in the
performance of his duties.
NEPBA Local 2 Agreement—7/1/09 through 6/30/12 Page 23
(� ARTICLE XVII: FIREARMS PERMITS
The Town shall pay for firearms permits issued and required under M.G.L. c140, s131.
ARTICLE XVIII: WEAPONS PROFICIENCY
Section 1. In order to enhance the level of training and proficiency in the use of weapons, the
parties agree that there shall be two weapons training sessions, lasting approximately four (4)
hours, every year. One of the two training sessions shall also include a qualification test; the
other session shall include such training as the Chief shall determine.
Section 2. Police officers shall continue to receive overtime compensation for the first weapons
qualification session, conducted outside scheduled work hours, as per the practice in effect prior
to the signing of the 1998-2001 Agreement. The second weapons qualification session,
.conducted outside scheduled work hours, shall be required as a condition of employment, and
therefore will-not be compensated as overtime.
Section 3. Police sergeants shall also be subject to the enhanced weapons training requirements
set forth in Section 1 above, but such sergeants shall continue to receive overtime compensation
for all weapons qualification sessions conducted outside scheduled work hours. However,
sergeants appointed to that rank from a list subsequent to the promotion list in effect at the
n signing of the 1998-2001 Agreement shall be compensated for such weapons qualification in the
same manner and to the same extent as police officers under section 2 of this Article.
ARTICLE XIX: DEFIBRILLATION PROFICIENCY
Section 1. In order to enhance the level of services provided to the public by police officers as
first responders, it is agreed that employees will be required, as a condition of employment, to
undergo and successfully complete training in the use of defibrillators, and thereafter maintain
certification for such use in the course of the regular duties.
Section 2. The initial training shall be conducted outside scheduled work hours and compensated
under Article XVIII, Section 7A. Subsequent training for re-certification shall be conducted
during scheduled work hours, without additional compensation.
ARTICLE XX: ENHANCED TRAINING DIFFERENTIAL
In consideration of the enhanced proficiency in weapons training and qualification and in the use
of defibrillators, the Town agrees to compensate patrol officers in the amount of$750 per year.
This enhanced training differential is already added into the base pay of all employees.
ARTICLE XXI: CANINE OFFICERS
Section 1. Canine Officers are appointed by the Police Chief, subject to the Police Chief s
discretion as to the number of canine officers required and their qualifications. All Canine
NEPBA Local 2 Agreement—7/1/09 through 6/30/12 Page 24
Officers so assigned shall be subject to the provisions of this Article. Notwithstanding any other
provisions of this Agreement, Canine Officers may be assigned to such duties as the Chief directs
and may be removed from the assignment at the Chief's discretion.
Section 2. Canine Officers volunteer for canine officer assignment and the opportunity to work
with a canine partner is privilege that carries with it many benefits for persons who would seek
this type of assignment. Canine Officers have opportunities to reinforce the training of their
canine partners in the course of their regular duties and they are encouraged to coordinate with
their supervisors to do so.
Section 3. Canine Officers are expected to spend time away from work caring for their canine
partners. The Town will compensate the Canine Officer for dog care time as follows:
A. "Dog care time", for the purposes of this Agreement, refers to off-duty time spent by the
Canine Officer: (i) with the dog engaged in feeding, bathing, exercising, grooming,
training (other than training specified in Section 4 of this Article), medicating, taking the
dog to the veterinarian, and similar duties, and (ii) with or without the dog, performing
tasks associated with dog care, such as setting up runs, cleaning kennels, and purchasing
supplies.
B. On days when the Canine Officer is working his/her regular duty shift, the Canine Officer
will be allowed to leave the shift 30 minutes early but be compensated for the entire shift.
C. On days off, the Canine Officer will be compensated for 30 minutes each otherwise
uncompensated non-duty day that the dog is with him/her. The time will be considered
time worked for the purpose of the overtime requirements of the Fair Labor Standards
Act, to the extent it applies. This amount will not be paid on days when the dog is
kenneled or in the.care of another person. The Canine Officer is required to log and
report to the Police Chief, or his designee, all days off that he/she does not have the dog
in his/her possession.
D. The Parties agree that the compensation set forth in this Article is sufficient to
compensate the Canine Officer for all activities associated with the care of the dog. If
additional time is required for dog care, the Canine Officer must request such time, in
advance, from the appropriate supervisor. Any such additional time will be compensated
at the federal minimum wage then in effect.
Section 4. Canine Officers will be responsible for obtaining the necessary formal training and, if
applicable, certifications for themselves and their canine partners. Such training will be
compensated by the Town as regular duty time. Canine Officers must request training in advance
from the appropriate supervisor and will be reassigned during the period of training so that
training will occur as part of the Canine Officer's regular duties, as opposed to overtime.
Training may be accomplished on overtime only with the pre-approval of the Police Chief. The
training specified in this Section refers to formal training by a qualified, Department approved,
school for canine police officers, or at the Department's option, a qualified individual trainer.
NEPBA Local 2 Agreement—7/1/09 through 6/30/12 Page 25
Section 5. Canine Officers will be compensated in accordance with other applicable provisions
of this Agreement when assigned to special events such as canine demonstrations and DARE
events, or when called in during off-duty time to perform canine police services rendered by the
Department.
Section 6. The Department will cover reasonable and verified expenses for veterinary care and
food for the animal. Other expenses must be approved by the Department in advance of being
incurred and may include training equipment, kenneling and other expenses reasonably related to
the canine program.
Section 7. As a condition of being assigned as a Canine Officer, a prospective Canine Officer
must sign an individual agreement incorporating the provisions of this Article.
Section 8. If the Canine Officer is assigned a department vehicle for transportation of the animal,
such vehicle may not be used for private detail assignments or other non-work related purposes
without the advance permission of the Police Chief or his designee.
Section 9. Canine Officers may bid shifts in accordance with Article VI. The Police Chief shall
have the discretion to veto a shift pick for specific written reasons which may be appealed,
through the grievance procedure, by filing a grievance at Step 2, but shall not be subject to
arbitration. In the event that the veto of the shift pick is based upon the Chief's determination
that there is a need for a canine on a particular shift, or because both canine officers have bid the
n same shift, then the junior Canine Officer shall be reassigned. Once the bids or assignments are
made,they shall remain in effect until the next shift bid.
ARTICLE XXII: STABILITY OF AGREEMENT
Section 1. No agreement, understanding, alteration or variation of this Agreement shall bind the
parties hereto unless made in writing and executed by the parties hereto.
Section 2. Notwithstanding any other provision of the Agreement, the failure of the Union or
Town to insist, in any one or more incident, upon performance of any terms or conditions of this
Agreement shall not be considered as a waiver or relinquishment of the right of the Town or of
the Union to future performance of any such terms or conditions, and the obligations of the
Union and the Town to such future performance shall continue in full force and effect.
ARTICLE XXIII: DURATION OF AGREEMENT
The Agreement covers the three-year period from July 1, 2009 through June 30, 2012. Economic
items are subject to funding by the Town. The parties understand and acknowledge that all
retroactive pay items are subject to appropriation/transfer by Town Meeting. Language items
will be effective on mutual ratification, except as otherwise specified.
This Agreement shall remain in full force and effect until a successor agreement has been
negotiated and takes effect.
NEPBA Local Agreement—7/1/09 through 6/30/12 Page 26
IN WITNESS WHEREOF, the parties hereto have executed this agreement on this, the
dQ day of March, 2010.
NEPBA,LOCAL 2 TOWN O NORTH ANDOVER
� ems •
fficer aniel Crevier, President Mark Ff. Rees, Tot
o Manager
BOARD OF SELECTMEN
Sergeant EtYgene SaloV, Vice-President
?cya on, Chairman
Sergednt E.J. Fodds, Treasurer
William F. Gordon
Officer Robert Hillner zeof_�I��
n chard A. Nardella
Rosemary Connelly Smedile
a
J
NEPBA Local 2 Agreement—7/1/09 through 6/30/12 Page 27
ATTACHMENT A
Employees who are required to submit reports about incidents or other matters under
investigation shall do so promptly, completely, and truthfully. Employees shall also be required
to state the facts fully and truthfully when appearing before any judicial, departmental or other
official investigation, hearing, trial or proceeding, and in all other ways cooperate fully. This
section is not intended to infringe upon an employee's privilege not to incriminate himself under
the Federal and State constitutions. Upon request, the employee shall have the right to have a
Union representative present during any questioning, and may have counsel present whenever the
matter under investigation involves a serious offense.
�l
NEPBA Local 2 Agreement—7/1/09 through 6/30/12 Page 28
SIDE LETTER I
The Police Department will approve requests to allow North Andover police officers to perform
details in other communities. The Chief of Police shall retain the ultimate discretion to
determine whether out of town details may be performed and to determine in which towns such
details may be performed.
NEPBA Local 2 Agreement—7/1/09 through 6/30/12 Page 29