HomeMy WebLinkAbout7/1/1998-6/30/2001 f
AGREEMENT
TOWN OF NORTH---ANDOVER
and the
NORTH ANDOVER POLICE LIEUTENANTS
Effective July 1, 1998
Expiration June 30, 2001
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TABLE OF CONTENTS
SECTION 1 RECOGNITION PAGE 2
Item A Lieutenants recognition
Item B Good faith clause
Item C IBPO recognition
Item D Bargaining unit discription
Item E Anti-discrimination clause
SECTION 2 EMPLOYEE RIGHTS PAGE 2
SECTION 3 PRESERVATION OF RIGHTS PAGE 2
Item A Rights and privilages remain in effect
SECTION 4 MANAGEMENT RIGHTS PAGE 3
Item A Regular and customary management
SECTION 5 GRIEVANCE PROCEDURE & PAGE 3
ARBITRATION
Item A Definition of grievance
Item B Grievance steps
Item C Establishment of Executive Board PAGE 4
SECTION 6 SALARY SCHEDULE PAGE 5
SECTION 7 WORK SCHEDULE PAGE 6
Item A 4.and 2 schedule
Item B 8.5 hour day
Item C Hourly rate computation
Item D Administrative 5 and 2 schedule/ 17 days
Item E Weekly pay computation
Item F Overtime computation
Item G Retirement pay included
SECTION 8 STEP RATE INCREASE PAGE 7
Item A Step rate due date
Item B Right of appeal
Item C Right to reconsideration
Item D Promotion increase must equal$100.00
Item E Step rate in 6 months from"D"
Item F Entrance to higher rate
SECTION 9 NIGHT DIFFERENTIAL PAGE 8
Item A Rates/percentages
SECTION 10 LONGEVITY PAGE 8
(^1 Item A Payment schedule
Item B Eligibility/pro-rating
Item C Re-employment, 5 year clause
Item D"Interrupted service
Item E Longevity as base pay
SECTION 11 EDUCATIONAL INCENTIVE PAGE 9
Item A Quinn Bill
Item B Tuition reimbursement
SECTION 12 STATION OVERTIME PAGE 9
Item A Establishes time and one half rate
Item B Mandatory call-in
Item C No forced overtime
Item D Compensation time
Item E Assignment of station shifts
SECTION 13 OUTSIDE DETAILS PAGE 10
Item A Rate of pay
Item B Weekend,holiday rate of pay
Item.0 Command of detail
Item D Distribution of outside details
Item E Protection-under 41-100
Item F Donation of time
Item G Authority to set detail policy
Item H No forced work
SECTION 14 STRIKE DETAIL PAGE 11
Item A Strike rate
SECTION 15 COURT APPEARANCES PAGE 11
Item A District court rate
Item B Superior Court rate
Item C Six man jury rate
Item D Civil proceedings rate
Item E Witness fees
Item F Continuous work
Item G Non-criminal hearings
Item H Effective date
SECTION 16 HOLIDAYS PAGE 12
Item A Payed Holidays
Item B Method of payment
Item C Absent from work
Item D Holiday during vacation
SECTION 17 PERSONAL DAYS PAGE 13
Item A Number of days
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` SECTION 18 VACATION LEAVE PAGE 13
Item A Vacation eligibility
Item B Death benefit
Item C Dismissallretirement
Item D Use as sick time
Item E Holiday during vacation
Item F Credit date
Item G Accumulated vacation
SECTION 19 SICK LEAVE PAGE 14
Item A Rate of accumulation
Item B Unused leave credited
Item C Application for additional leave.
Item D Reporting
Item E Physician's certificate
Item F Medical exam ordered
Item G Restriction on use
Item H Clip 41 sec 100
SECTION 20 BEREAVEMENT LEAVE PAGE 15
Item A Conditions of use
SECTION 21 ANNOUNCED RETIREMENT PAGE 15
Item A Lump sum payments
n SECTION 22 TERMINAL LEAVE PAGE 15
Item A Computation of payment
Item B Treatment of compensation
Item C Payment schedule
Item D Continued health insurance
SECTION 23 INJURY LEAVE PAGE 16
Item A Line of duty full pay
Item B Medical expenses incurred
Item C Accumulate sick leave
Item D Accumulate vacation
SECTION 24 UNIFORM ALLOWANCE PAGE 17
Item A required equipment
Item B Receipt of allowance
Item C Schedule of allowance
Item D Responsibility for department specifications .
Item E Change in uniform
Item F Damaged SECTIONs/replacement
SECTION 25 LIABILITY INSURANCE PAGE 17
Item A Limits of coverage
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SECTION 26 ADMINISTRATIVE ASSIGNMENTS PAGE 18
Item A Division commander/vehicle
Item B Division commander/differential
SECTION 27 PERFORMANCE EVALUATION PAGE 18
Item A Agreement to use
Item B Document in use
Item C Training for raters
Item D Frequency of evaluation
_ Item E Non-punitive
Item F Effective Date
.SECTION 28 DRUG TESTING PAGE 19
Item A Agreement to testing
Item B Document in use/conditions
SECTION 29 WORKING CONDITIONS PAGE 19
Item A Mutual enforcement of safety rules
Item B Vehicle standards
Item C Vehicle insurance
Item D Repair work
Item E Professional training/conditions
Item F Babson College
Item J Health and medical insurance
n Item G Staff Meetings
SECTION 30 LEAVE OF ABSENCE PAGE 20
Item A Granting and length of leave
Item B How to request
Item C No break in service
Item D Continuation of health insurance
Item E Return to work/pay
Item F Denial
SECTION 31 FIREARMS PERMITS PAGE 21
SECTION 32 WEAPONS PROFIECIENCY PAGE 21
SECTION 33 DEFIBRILLATION PROFICIENCY PAGE 21
SECTION 34 DURATION OF AGREEMENT PAGE 22
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SECTION 1
n RECOGNITION
A The Town of North Andover recognizes the North Andover Police Lieutenants for the purpose of
negotiating wages,hours of work and all other conditions of employment.
B The Town of North Andover, through its agent(s) and the Police Lieutenants agree to negotiate
and bargain in good faith as allowed by Federal and State laws.
C The Town of North Andover, also, recognizes the International Brotherhood of Police Officers,
hereafter referred to as the IBPO, as the exclusive bargaining agent for the purpose of collective
bargaining relative to wages, hours and other conditions of employment of all employees covered
by this Agreement and employed by the Police Department. The Municipal employer, the Chief
of Police and the IBPO agree not to discriminate against employees covered by this agreement
due to membership or non-membership in the IBPO.
D The unit to which this agreement is applicable consists of all full time sworn police officers with
rank of Lieutenant or higher and specifically excludes patrol officers, sergeants, chief, executive
officer, special police officers, reserve police officers, auxiliary officers, community service
officer and all civilian employees of the police department.
E The Municipal employer, Police Chief and the IBPO agree not to discriminate in any way against
employees covered by this agreement because of race, religion, creed, color, national origin, sex
•or age.
f I SECTION 2
EMPLOYEE RIGHTS
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 the agreement are hereby protected by this
agreement. Where subject matter is covered by both this agreement and 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.
SECTION 3
PRESERVATION OF RIGHTS
A The Town of,North Andover agrees that all rights and privileges previously and.currently
enjoyed by the Lieutenants will remain in effect unless specifically abridged or modified by the
contract agreement.
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SECTION 4
n MANAGEMENT RIGHTS
Except as expressly limited by provision of this agreement or by Statute,the Union recognizes and agrees
that the Town shall continue to have the right to take action it deems appropriate "in the regular and
customary management of the Department.
SECTION 5
GRIEVANCE PROCEDURE AND ARBITRATION
A. Any complaint, dispute or controversy of any kind which arises between one or more employees
and the Town of North Andover or its agents shall be processed in step 1 and 2. For the purposes of a
grievance processed beyond Step 2, a grievance shall be defined as a complaint between the Town
and the Union and/or any employee involving only an interpretation of a specific provision of this
Agreement.
B. A grievance must be presented within thirty 30 days of the time of occurrence of the alleged
contract violation or within thirty 30 days of the-time the employee should reasonably have
acquired knowledge of the incident giving rise to the violation or within thirty 30 days of the
dispute or, controversy and must be processed in accordance with the steps, time limits and
conditions set forth below in this Section. Time limits may be waived or extended by agreement
in writing by both parties. An aggrieved employee(s) may have a union representative at and
participating in any level of the following procedures:
Step 1. The employee shall submit his grievance in writing to the IBPO Local Grievance
Executive Board who shall determine justification for the complaint. In making
such determination, the Board may discuss the grievance with the employee's
immediate supervisor.
Step 2. If the grievance is unresolved, the Union, through its Grievance Board, shall
Chief setting forth the nature of the
submit the grievance in writing to the
grievance. The Chief shall have fifteen 15 days, exclusive-of Saturday and
Sunday,to answer the grievance.
Step 3. If the Union is not satisfied with the Chiefs decision the grievance shall be
appealed in writing within ten 10 days to the Town Manager.
Step 4. If the grievance is not resolved at step 3, the Union and only the Union, may
within 15 calendar days after the reply of the Town manager is due, submit the
grievance to arbitration by sending a letter to the American Arbitration
Association with a letter to.the Town Manager.
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C 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 both parties.
The arbitrator shall be without power to alter, amend add to or subtract from the
express language of the 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.
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
SECTION shall not include Saturday or Sunday for purposes of the time limits
under the grievance procedure.
The grievance committee shall be allowed access at all reasonable times to Town
property and records relevant for the purposes of investigating a grievance.
C Theparties in this Agreement have agreed to set up an Executive Board to screen all grievance or
complaints for the merit of the grievance. The board shall be made up by the members of the
Bargaining unit and shall consist of four lieutenants. The current President{of the local shall sit
as the Chairman of the Board and vote in the event of a tie vote.
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n SECTION 6
SALARY SCHEDULE
Base hourly compensation for employees covered by this agreement is based on 42 hours per work week
and 52.143 week in a year. Lieutenants shall receive compensation in accordance with the schedule
contained in Appendix "A" attached hereto and incorporated as part of this agreement:
Sala Schedule
Lieutenants FY'99 Step I Step II Step III MAX
Yearly $ 45,841.77 $48,863.34 $ 52,350.52 $ 55,282.55
Hourly $ 22.05 $ 23.50 $ 25.18 $ 26.59 0
Lieutenants FY'00 Step I Step II Step III MAX
Yearly $ 47,217.02 $50,329.25 $ 53,921.04 $ 56,941.03
Hourly $ 22.71 $ 24.20 $ 25.93 $ 27.38
Lieutenants July 1, 2000 Step I Step II Step III MAX
Yearly $ 48,161.36 $51,335.83 $ 54,999.46 $ 58,079.85
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Hourly $ 23.16 $ , 24.69 $ 26.45 $ 27.93
Lieutenants January 1, 2001 Step I Step II Step III MAX
n Yearly $ 48,883.78 $52,105.87 $ 55,824.45 $ 58,951.05
Hourly $ 23.51 $ 25.06 $ 26.85 $ 28.35
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SECTION 7
n WORK SCHEDULE
A. Work Week
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.
B. Work Day
The regular workday shall consist of eight and one-half(8.5)'hours including fifteen (15) minutes before
the scheduled shift starting time and (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.
C. Calculation of Base Hourly Rate of Pay
The hourly rate shall be computed by dividing the annual salary,-as specified in the Salary Schedule by
2074 hours (8.5 hours x 244 days). The overtime rate of pay shall be one and one-half(1.5) times the
hourly rate.
D. Notwithstanding the foregoing provisions and to the contrary,the Police Chief reserves the
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right to assign employees in administrative and specialist positions to a five(5)consecutive day schedule
l 1 where said schedule is determined by the 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. These additional days will be credited on
January 1 st of each year and will be subject to prorating only in the event of separation from
employment.
E. Weekly pay will be computed by dividing the yearly salary by 52.143. In any event,
Lieutenants' total base pay will be equal to the yearly rates established in the Salary Schedule of this
contract. The average weekly hours worked will equal 39.88 hours per week and will be computed by
dividing the hourly rate into the weekly base salary.
F. In accordance with Federal and State Wage Laws; longevity, differentials and incentive pay
will be computed into the overtime rate.
G. In accordance with all Federal, State and Essex County, laws, rules, regulations and
procedures the following payments will be treated as base pay which will computed as compensation for
pension and retirement purposes; straight time, holiday pay, sick pay, vacation pay, longevity pay and
differential pay.
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SECTION 8
STEP RATE INCREASE:
A. Any Lieutenant with 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 which this increment represents must be recommended by the Chief
of Police 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.
B. Any Lieutenant 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 newly promoted Lieutenant 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 newly promoted Lieutenant receiving a promotion to a vacant position or to a new position,
shall be 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 the Chief of Police 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.
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SECTION 9
n NIGHT DIFFERENTIAL
Lieutenants regularly assigned to work the early night shift shall be paid a differential payable weekly
and computed on their regular weekly salary. Employees regularly assigned to work the late night shift
shall be paid a differential payable in the same manner. Said night shift differentials shall be payable
separate and,apart from the base pay but shall-be included in overtime pay and shall not be paid to
employees in sick leave or injured leave. Differentials will be paid as follows: During the term of this
contract- 5%Early night; 6% Late night.
SECTION 10
LONGEVITY
A. A Lieutenant who has been in continuous full-time employment shall be paid, in addition
to the compensation received under the present plan, an annual increment determined as follows:
Length of Service
FY'99 FY'00 FY`01
Over 5 but not over 10 years $325 $425 $425
Over 10 but not over 15 years 675 750 750
Over 15 but not over 20 years 725 825 825
Over 20 but not over 25 years 775 875 875
Over 25 years 825 1,000 1,000
B. Lieutenants will become eligible for longevity increments on the 5th, 10th, 15th, 20th
and 25th anniversary date of his employment; and the amount of increment to which he or she is entitled
for the then current fiscal year will be determined by pro-rating the annual increment or increase in that
fiscal year in two payments of equal amounts.
C. Any Lieutenant 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 five year period of
continuous.full-time employment has been served, except for authorized leave of absence. See section
30.
D. If the service of a Lieutenant 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.
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E. Longevity payment shall be included as part of base pay for overtime and other purposes, and
shall also be treated as part of compensation for pension and retirement purposes.
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SECTION 11
EDUCATIONAL INCENTIVE
A. A stipend shall be paid to all employees who qualify and who are approved by the Board of
Higher Education in the amount approved by-said Board under the "Quinn Bill" Act,.accepted by the
Town Meeting of March, 1973. This base pay differential shall be paid weekly to qualified employees.
Beginning 07-01-94 this stipend shall be paid weekly to qualified employees.
B. Any Lieutenant who has completed five 5 full years of service shall receive educational
reimbursement for all courses, certifications, diplomas and degrees taken by the individual Lieutenant
that will advance his/her administrative, management and police skills within the Department. Conditions
for reimbursement will be effective 07-01-95 and will be as follows:
1. Reimbursement will be provided, in accordance with provisions of this section, provided
the employee receives an advanced favorable recommendation by the Chief of Police and
approval by the Town Manager,subject to the appropriation of funds.
2. Course must be offered outside normal working hours. Hardship cases may be discussed
with approving authority in section 1.
3. Course contents must be job-related and approved.
4. Course cost must be approved in advance.
5. Educational reimbursement of 100%will be made for registration fees, books and tuition
based on passing grade of C or better.
6. Grade and payment certification is required before reimbursement.
7. Employee will be obligated to remain in the Town employment for six months after
completion of the course, or full reimbursement for the last courses will be deducted
from final paycheck at time of termination.
SECTION 12
STATION OVERTIME
A. 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 rate of pay.
1. Time worked in excess of the normal tour of duty on any work day shall be considered overtime
and shall be paid at the time and one half rate.
B. All mandatory call-in shifts for all officers will be paid at time and one half and a
minimum shift of 3 hours.
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X? + C. No Lieutenant shall be forced to work overtime except in the case of a declared
emergency.
D. In the event that the Lieutenant chooses time off in lieu of payment he/she shall be granted
time off at a rate of time and one half under the following conditions.
1 Compensation time will be taken under the same guidelines as vacation time.
E. The Chief of Police maintains the right to assign station overtime in accordance with the
needs of the Department, however, every effort should be made to distribute station overtime evenly
among all Lieutenants.
SECTION 13
OUTSIDE DETAILS
A. All outside occasional details exclusive of strike details shall be paid at the rate
of$29.00 per hour with a four hour minimum; over four hours paid for eight
hours, over eight hours.paid for a minimum of twelve hours; and shall be
assigned by the Chief, or his designee. The above rate shall be effective the
first full week after this Agreement is ratified and funded. Said rate shall be
further increased by $1.00 per hour (to $30.00 per hour) on June 30, 2000;
Saturday, Sunday and holiday details shall be at 1 and 1/2 times the prevailing
detail rate as set in Section 13A.
n B. When a detail of four or more officers below the rank of Lieutenant is established
for non-town related functions, a Lieutenant shall be assigned to command that
detail at 1 and 1/2 times the detail rate.
C. The Lieutenants seek fair and equitable distribution of all outside details to every
full-time sworn member of the Police Department. To this end the Lieutenants
recognize and accept the North Andover Police Union/Association's vote of June
1991 to establish a seniority list that integrates Lieutenants for the purpose of
distributing detail overtime based on length of full time service.
D. Any Lieutenant who performs a detail described in this section shall be protected by
M.G.L. Chapter 41 section 100,as amended.
E. The Lieutenants reserve the right to donate their time to certain non-profit Town
sponsored functions on a case by case basis. This section does not reduce or negate
the provisions of M.G.L. 41 section 111F.
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F. With the exception of the conditions of this section the Chief of Police or his
n designee maintains the authority to set outside detail policy, procedures and regulations.
G. Except in emergencies declared by the Chief of Police, no Lieutenant will be forced
to work detail overtime.
SECTION 14
STRIKE DETAIL -A. Lieutenants assigned to strike details will be comprensatied at the rate of$60.00 per hour, with a
four hour minimum; over four hours to equal eight hours; over eight hours to.equal twelve hours.
SECTION 15
COURT APPEARANCES
A Lieutenant who is in an off duty status or on vacation, or on a day off, who attends as a witness or in
any capacity for, or on behalf of the Commonwealth, or the Town, in a criminal or other-matter including
civil, pending in any court of the-Commonwealth, or before a Grand Jury proceeding, or in conference
with a District Attorney, or Assistant District Attorney, or at any pre-trial court conference or any other
related hearing or proceeding; or who is required or requested by any City, County, Town, State, or the
Federal Government or subdivision or Agency, Board, Commission, Division,. Authority, Tribunal or
Official of the State or Federal Government or subdivision or agency of either such government, or in
any other capacity for or on behalf of the government of the United States or the Commonwealth or town
in a criminal or other matter including civil, pending in a federal district court or before a federal grand
jury proceeding or a United States commissioner or in conference with the United States attorney or any
federal court proceeding shall be entitled to and shall receive compensation as follows:
A Lieutenants appearing in District Court,when assigned,will be paid one and one-half
times their regular hourly rate for each hour in attendance with a minimum of three
hours pay.
B Lieutenants appearing in Superior courtwill be paid one and one half times their regular
pay for each hour in attendance with a minimum of six hours pay.
C Lieutenants appearing at six persons jury proceeding,when assigned, will be paid
regular pay for each hour in attendance with a minimum of eight hours pay.
D Lieutenants appearing in any court of law, when summoned or subpoenaed for actions
taken in official capacity as a North Andover Police Officer for civil proceedings will be
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paid one and one half times their regular pay for each hour in attendance with a
minimum of six hours pay.
E All witness fees received by a Lieutenant will be turned into the Chiefs office.
F If a Lieutenant is required to remain in court or at any proceeding as outlined in item A
of this section, after One P.M. 1:00 P.M. and who has worked a late night shift
continuous to the aforementioned proceeding and is scheduled to work the early night
shift within the same twenty-four-24 hour period, shall have the option to work the
scheduled shift or to have the night off in lieu of pay for the court appearance.
G The Chief of Police shall maintain the right to assign the Court Officer or other
individual to sign and process at non-criminal hearings for all traffic violations.
H The effective date for court appearance pay shall be the date of the signing of this
agreement.
SECTION 16
HOLIDAYS
A. The following days shall be recognized as paid holidays above and beyond the payment stated in
the salary.schedule of this contract:
New Year's Day Labor Day
n Martin Luther King Day Columbus Day
Washington's Birthday Veteran's Day
Patriot's Day Thanksgiving Day
Memorial Day Christmas Day
Independence Day
A. Method of Payment will be based on the hourly rate in the salary schedule.
1. And lieutenant who is scheduled and works any of the above holidays will receive
his regular days pay equal to 8.5 hours and time and one half for 8.5 hours.
2. Any lieutenant on a scheduled day off-or requested day off during any of the above
holidays will receive his regular days pay and an additional days pay equal to 8.5
hours.
B. When a lieutenant is absent from scheduled work due to a non occupational illness or accident
he shall be paid for the holiday as described in B-2 of this section.
C. An employee shall be granted an additional day of vacation if, while on vacation leave, a
designated holiday occurs which falls on a day of the workweek. (see Vacation leave)
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SECTION 17
n PERSONAL DAYS
A. Lieutenants shall be entitled to four (4) personal days per year, not deducted from sick time and
credited on January 1 st of each year.
Two Personal days may be used to extend vacations with two weeks notice and approval.
One day may be taken with four hours notice; three days may be taken with 24 hours notice.
This requirement will be waived in the event of a documented medical emergency of the
Lieutenant or an immediate family member.
SECTION 18
VACATION LEAVE
A Lieutenant in continuous service shall be granted vacation with pay on the following terms:
1. Any Lieutenant who has completed six months of service shall be entitled to one week of
vacation with pay.
2. Any Lieutenant who has completed one year of service shall be entitled to two weeks of
vacation with pay.
3. Any Lieutenant who has completed five years of service shall be entitled to three weeks
of vacation with pay.
4. A Lieutenant who has completed ten years of service shall be entitled to four weeks of
vacation with pay.
5. A Lieutenant who has completed fifteen years of service shall be entitled to five weeks
vacation with pay.
B. Upon the death of a Lieutenant who is eligible for vacation under these.rules, payment shall
be made to the estate of the deceased in the 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 that vacation allowance
earned or would have been earned as per A-1 to 5 of this section in the vacation year during which the
employee died.
C. Lieutenants 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.
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In addition, payment shall be made for that portion of the vacation allowances earned in the vacation year
n during which such dismissal, retirement, or entrance into the armed forces occurred up to the time of
employee's separation from the payroll.
D. Absences caused by 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 Chief of Police, be
charged to vacation leave.
E. An employee shall be granted an additional day of vacation if, while on vacation leave, a
designated holiday occurs which falls on a day of the work week.
F. One week of vacation shall consist of five (5)work days. Vacation will be credited each year on
the permanent appointment date of each Lieutenant.
G. Vacation time can be accumulated and carried into the next fiscal year at a rate equal to twice the
number of days allowed under item A, #'s 1-5. see injury leave for exception
SECTION 19
SICK LEAVE
A. A Lieutenant in continuous service who has completed six months of service shall be allowed six
(6) days leave with pay and there after shall be allowed leave of one and one-quarter(1.25) days for each
month of service, provided such leave is caused by sickness or injury or by exposure to contagious
disease.
B. Lieutenants 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, a Lieutenant 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 he 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 Chief of Police and must be reported, onblanks provided for the
same,to the Town Manager.
E. A physician's certificate of illness shall be submitted by the employee after four days absence to
the Chief of Police before leave is granted under the provisions of this section. This certificate shall be
forwarded by the Chief of Police to the Town Manager.
F. The Town Manager may, of his.own motion, require.a medical examination of any Lieutenant
who reports his inability to report for duty because of illness that has lasted longer than four days. This
examination shall be at the expense of the Town by a physician appointed by the Town Manager.
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G. Injury, illness or disability, self-imposed, shall not be considered a proper claim for leave under
�,.., this section.
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H. Nothing in this section shall be construed to conflict with Section 100 of Chapter 41 of the
General Laws.
SECTION 20
BEREAVEMENT LEAVE
A. Emergency leave up to five (5) working days will be granted for death in an employee's
immediate family, to include wife, husband, child, parent of either spouse, brother, sister, brother-in-law,
sister-in-law, grandparents, grandchildren and persons in the immediate household.
SECTION 21
ANNOUNCED RETIREMENT
A. A Lieutenant 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, which will be treated as part of compensation for pension and
retirement purposes.
SECTION 22
TERMINAL LEAVE
A Any Lieutenant 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
Lieutenant.
1. Eligible for retirement in accordance with the criteria, rules and regulations as set
forward by the Essex County retirement Board.
2. A Lieutenant who qualifies for terminal leave shall be entitled to compensation
- for accumulated sick leave for up to 60 days of said sick leave. Accumulated sick
leave will be paid at a rate equal to the Lieutenant's current days-pay, per "Salary
Schedule" at the time of separation. See Section 21-B
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a 3. In addition, any eligible Lieutenant can receive compensation for up to a total of
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8.5 hour days as specified under Section 7 "Work Schedule".
B Contrary to any other Section or subsection contained within this contract and in
accordance with all Federal, State and Essex County laws, rules, regulations and
procedures the following payments will be treated as base pay and as part of
compensation for pension and retirement purposes; straight time, holiday pay, Quinn Bill,
vacation pay, longevity pay and differential pay. See Section 18-B
C Terminal leave will be paid in accordance with the following formula.
1) Terminal leave will be paid in full and prorated for the balance of the fiscal year in
which a Lieutenant terminates his employment.
2) Payments will be made in increments equal to 1/12 of the total Terminal leave
due.
3) Payments will be due on the 1st of each month. In the event that a Lieutenant ends
employment part way through the month, he will receive a full 1/12 increment
upon his termination and will receive a successive 1/12 payment on the 1st of the
following month.
4) On July 1 st of the next fiscal year the full balance of terminal leave will be due
and payable.
5) If terminal leave is due to the death of a Lieutenant, his estate will have the option
to waive the above formula and receive payment in full upon the date of
termination.
D. In the event that a Lieutenant dies on duty, the Town agrees to provide 100% of the cost
for Health Insurance for the surviving spouse and children for a period of two 2 years from the
death of the employee.
SECTION 23
INJURY LEAVE
A. Whenever a Lieutenant is incapacitated from duty because of an injury sustained in the performance
of his duties, he shall be entitled to injury leave with full pay during the period in which he is unable to
perform his duties or until such time as he has been accepted for retirement. Disputes concerning injury
leave.shall be resolved pursuant to General Laws,Chapter 41, Section 111F.
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I f._ B. 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. Any
uninsured expenses as previously outlined in item A and within this item are the responsibility of the
Town of North Andover.
C. Lieutenants on 111 F leave shall continue to accumulate sick leave as described in "SICK
LEAVE" of this agreement. Credit and/or use of such accumulated sick leave shall be granted
when the Lieutenant returns to full time duty.
D. Lieutenants on 111 F leave shall accumulate vacation in accordance with the conditions
outlined within "VACATION LEAVE" and in addition will be eligible to accrue and carry over
vacation time in excess of the limit set in "VACATION LEAVE" item H.. Credit and/or use of
accumulated vacation time shall be granted upon return to full time duty.
SECTION 24
UNIFORM ALLOWANCE
A. The Town of North Andover agrees to supply all issued equipment that it requires Lieutenants to
carry and to replace said equipment when it becomes worn, damaged or otherwise..unserviceable.
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B. The Town of North Andover shall provide each Lieutenant a uniform allowance that will be
available in full at the start of each new fiscal year. Each allotment must be spent by June 30th of the of
the fiscal year that the allowance was granted. .
C. Clothing allowance-will be granted for the following amounts: $600.00 July 01 of each year for
the duration of the contract.
D. Expenditure of full uniform allowance shall not excuse any Lieutenant from maintaining his
uniform in compliance with departmental'specifications.
E. If there is a change the present uniform,the Town of North Andover agrees to assume the cost of
such change and will not be deducted from the regular uniform allowance.
F. The Town of North Andover agrees to replace damaged or destroyed in the line of duty without
cost to the employee.
SECTION 25
LIABILITY INSURANCE
A. The Town shall purchase and maintain a police professional liability insurance policy that will
include all Lieutenants with limits established as follows:
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1. $1,000,000 per person
2. $1,000,000 per occurrence
3. $1,000,000 in the aggregate for the year
SECTION 26
ADMINISTRATIVE ASSIGNMENTS
A. — Lieutenant's given the added responsibility of division commander will be assigned a department
vehicle at the discretion of the Chief of Police.
B. Lieutenant's given the added responsibility of division commander will receive a differential
based on the salary schedule of the contract. The-differential will be computed and paid on a weekly
basis and will be included as part of the computations for overtime and will also be treated as part of
compensation for pension and retirement purposes. The differential will be as follows: 6% for the
duration of this contract.
SECTION 27
PERFORMANCE EVALUATION
A. The North Andover Police Lieutenants recognize themselves as professional Police Officers and
Managers. To enhance their abilities and status within the Department and the Town, the Lieutenants of
the North Andover Police Department fully support the use of written "Performance Evaluation
Standards" which will remain in effect for the duration of this contract.
B. The document found in Appendix 1 will be the document that will be in full effect and use for
the purpose of the evaluating performance of each Lieutenant.
C. The Town will provide a professional training program that will meet the approval of the
Department of Personnel Administration for all individuals who will act as evaluators.
D. Lieutenants will not be evaluated more than bi-annually. Methods of resolving disagreements
with any portion of an evaluation will be provided for within the attached document (Appendix 1 -
Performance Evaluation)
E. It is also recognized that Performance Evaluations, in general, are designed to be a positive
experience, stimulating professionalism, motivation and productivity.
F. The effective date of this section is 07-01-94.
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r SECTION 28
DRUG TESTING
A Lieutenants of the North Andover Police Department are totally committed to a drug free work
place.
B To maintain the Lieutenants integrity and credibility within the department and the Town of
North Andover the document in Appendix 2 - Drug Testing Procedure, will be in full effect and
_ use for the duration of this contract when.the contents have been finalized and.found to be.
satisfactory to both the Lieutenants and the Town of North Andover.
Any attached document under this section will;
I) Maintain and insure confidentiality for the individual Lieutenant.
2) Provide for control and security of any sample taken.
3) Provide a testing facility mutually agreed to between the Town and the Lieutenants.
4) Provide for second test, with no prejudice, in the event of a positive test.
5) Provide for follow-up testing at a secondary facility at the Town's expense.
6) Provide treatment as the initial response to a confirmed positive sample. All treatment
will be paid by current individual Health care policies that are in effect with any
outstanding balances paid in full by the Town of North Andover.
7) In the event that any Lieutenant-either does not have a healthcare policy in effect or is
not covered by such treatment, then the Town will ensure full payment of any health or
rehabilitation costs associated with the Lieutenant's treatment
Y1001) 8) No Lieutenant will be subjected to any drug or alcohol testing without probable cause to
require such test.
SECTION 29
WORKING CONDITIONS
A All parties to this agreement shall cooperate in the enforcement of safety rules and regulations.
Complaints with respect to unsafe or unhealthy working conditions shall be brought to the
attention of the Chief of Police and can become grounds for a grievance if left unacted upon.
B No Lieutenant shall be compelled to operate any motor vehicle that does not meet the
requirements of the Registry of Motor Vehicles or that has not been serviced to the manufactures
specifications for severe duty use. This condition applies to all emergency as well as standard
equipment added to the police vehicle that is not normally supplied by the vehicle manufacturer.
C All police vehicles that Lieutenants will operate will be properly insured by the Town of North
Andover at the expense of the Town of North Andover.
.D No Lieutenant will be compelled to do any emergency repairs on any vehicle or its equipment
including the changing of flat tires.
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E All Lieutenants will be offered command training courses, conferences, seminars, programs etc.,
as they become available through the Massachusetts Criminal Justice Training Council,
Massachusetts Chiefs of Police, International Association of Chiefs of Police, Federal or State
Attorney General, District Attorney's Office or any other Federal, State or Municipal Law
Enforcement Agency under the following conditions and subject to available funds and at the
discretion of the police chief.
1. No out of state travel expense will be incurred by the Town.
_ 2. Lieutenants will not suffer loss of vacation, compensation or personal time for the
opportunity to attend said events.
3. Lieutenants whose scheduled tour of duty does not coincide with the aforementioned
training will not be compelled to attend an eight hour program and work his scheduled
shift back to back. The Lieutenant will be reassigned off his/her shift to the training
session at no additional cost to the Town.
F All newly appointed Lieutenants will be required to attend Command Training at Babson College
within six months of his/her appointment.
G Lieutenants agree to attend staff meetings, not to exceed four hours, every other month, when
needed at the discretion of the police chief. Compensation will be in the form of straight time off
in accordance with department guidelines.
SECTION 30
LEAVE OF ABSENCE
A The Town Manager or his designee may grant an employee's request for a leave of absence
without pay for medical or other reasons. Such leave shall not generally exceed twelve 12
months.
B A written request seeking leave of absence will be submitted to the Town Manager through the
Chief of Police. The letter will detail the reasons for the request, how long the leave will be and
will be submitted at least four 4 weeks prior to the date that leave is expected, except in the case
of an emergency.
C An approved leave will not constitute a break in service. However, except for military service, a
Lieutenant will not accrue seniority or other benefits during his/her absence.
D A Lieutenant will not be entitled to any benefits except to continue group health insurance
coverage-by paying the full monthly premium cost in advance on a monthly basis.
E A Lieutenant returning to work will be placed at that step of the salary schedule in which he left.
Current pay rates will prevail for that step.
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F Denial is not subject to grievance procedure.
SECTION 31
FIREARMS PERMITS
The Town shall pay for firearms permits issued and required under Mass. G.L. c. 140,section 131.
SECTION 32
WEAPONS PROFICIENCY
A. 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.
B. Police Lieutenants shall also be subject to the enhanced weapons training requirements set forth
in Section A above, but such lieutenants shall continue to receive overtime outside scheduled work hours.
However, for lieutenants appointed to that rank from a list subsequent to the promotion list in effect at
the signing of the 1998-2000 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 33
DEFIBRILLATION TROFICIENCY
A. In order to enhance the level of services provided to the public by police lieutenants as first
responders, it is agreed that unit personnel 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 their regular duties. The initial training shall be conducted outside scheduled
work hours and compensated under SECTION 12. Subsequent training for re-certification shall be
conducted during scheduled work hours,without additional compensation.
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SECTION 34
DURATION OF AGREEMENT:
This contract will remain in full force and effect through June 30, 2001. In any event, regardless
of the termination date the provisions of this contract will continue while negotiations are taking place
between the Lieutenants the IBPO and the Town. Negotiations will be construed to mean any ongoing
talks, meetings or any actions including court intervention resulting from any talks, meetings or lack of
such.
The below parties have executed this agreement this c day of
2000.
Tow North ndover North Andover Police Lieutenants by.
b is Town nager President of IBPO Local 454:
Town of Nort Andover by
its Board of Selectman Chairman
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