HomeMy WebLinkAbout7/1/1995-6/30/1998 Y
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AGREEMENT
between the
TOWN OF NORTH ANDOVER
and the
NORTH ANDOVER POLICE LIEUTENANTS
Effective July 1, 1995
Expiration June 30,1998
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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 MANAGERIAL RIGHTS PAGE 3
Item A Regular and customary management
SECTION 5 GRIEVANCE PROCEDURE PAGE 3
Item A Definition of grievance
Item B Grievance steps
Item C Establishment of Executive Board PAGE 4
SECTION 6 SALARY SCHEDULE PAGE 4
SECTION 7 WORK SCHEDULE PAGE 5
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 5
Item A Step rate due date
Item B Right of appeal PAGE 6
Item C Right to reconsideration s
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 6
Item A Rates/percentages
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SECTION 10 LONGEVITY PAGE 7
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 7
Item A Quinn Bill
Item B Tuition reimbursement
SECTION 12.STATION OVERTIME PAGE 8
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 8
Item A Rate of pay
Item B Weekend,holiday rate of pay
Item C Command of detail PAGE 9
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 9
Item A Strike rate
SECTION 15 COURT APPEARANCES PAGE 9
Item A District court rate
Item B Superior Court rate PAGE 10
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 10
Item A Payed Holidays
Item B Method of payment
Item C Absent from work
Item D Holiday during vacation PAGE 11
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SECTION 17 PERSONAL DAYS PAGE 11
Item A Number of days
SECTION 18 VACATION LEAVE PAGE 11
Item A Vacation eligibility
Item B Death benefit
Item C Dismissal/retirement
Item D Use as sick time
Item E Holiday during vacation PAGE 12
Item F Credit date
Item G Accumulated vacation
SECTION 19 SICK LEAVE PAGE 12
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 13
Item A Conditions of use
SECTION 21 ANNOUNCED RETIREMENT PAGE 13
Item A Lump sum.payments
SECTION 22'TERMINAL LEAVE PAGE 13
Item A Computation of payment
Item B.Treatment of compensation
Item C Payment schedule
Item D Continued health insurance PAGE 14
SECTION 23 INJURY LEAVE PAGE 14
.Item A Line of duty full pay
Item B Medical expenses incurred
Item C Accumulate sick leave
Item D Accumulate vacation
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SECTION 24 UNIFORM ALLOWANCE PAGE 14
Item A required equipment
Item B Receipt of allowance PAGE 15
Item C Schedule of allowance
Item D Responsibility for department specifications
Item E Change in uniform
Item F Damaged articles/replacement
SECTION 25 LIABILITY INSURANCE PAGE 15
Item A Limits of coverage
SECTION 26 ADMINISTRATIVE ASSIGNMENTS ' PAGE 15
Item A Division commander/vehicle
Item B Division commander/differential
SECTION 27 PERFORMANCE EVALUATION PAGE 15
Item A Agreement to use
Item B Document in use PAGE 16
Item C Training for raters
Item D Frequency of evaluation
Item E Non-punitive
Item F Effective Date
SECTION 28 DRUG TESTING PAGE 16
nItem A Agreement to testing
Item B Document in use/conditions
SECTION 29 WORKING CONDITIONS PAGE 17
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
Item G Staff Meetings
SECTION 30 LEAVE OF ABSENCE PAGE 17 --
Item A Granting and length of leave
Item B How to request PAGE 18
Item C No break in service
Item D Continuation of health insurance
Item'E Return to work/pay
Item F Denial
SECTION 31 DURATION OF AGREEMENT PAGE 18
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SECTION 1
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 agents) 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 theJBPO;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 .
` J or age.
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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MANAGERIAL RIGHTS:
[A] 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 PROCEDUREAND 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
submit the grievance in writing to the Chief setting forth the nature of 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 Chief s 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.
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.
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n 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
Article 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] The parties 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.
SECTION 6
,�+►� SALARY SCHEDULE: Based on 42 hours per work week. 52.143 week in a year.
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[A] Lieutenants shall receive compensation in accordance with the following salary schedule:
Salary Schedule
Effective July 1, 1995—. 2% increase over previous schedule at all steps.
Lieutenants Step I Step II Step III Max
Yearly 41,955.67 44,721.10 47,912.66 50,596.14
Hourly 20.18 21.51 23.04 24.33
Effective July 01, 1996-3% increase for all pay steps.
Lieutenants Step I Step II Step III Max
43,214.34 46,062.74 49,350.03 52,114.02
20.78 22.15 23.73 25.06
Effective July 1, 1997-4% increase for all pay steps.
Lieutenants Step I Step H Step III Max
44,942.91 47,905.24 51,324.04 54,198.58
21.61 23.04 24.68 26.06
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SECTION 7
1\ 1 WORK SCHEDULE:
[A] 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] 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.thesefifteen minute periods before,and,
after the scheduled shift notwithstanding any,provision to the contrary in this Agreement..
[C] 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 right
to assign employees in administrative and specialist positions to a five (5.) consecutive day
schedule 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 1st 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 39.775 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.
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.
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1 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 Policesupported 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 9
NIGHT DIFFERENTIAL:
[A] 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.
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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
Over 5 but not over 10 years $325.00
Over 10 but.not over 15 years 675.00
Over 15-but not over 20.years 725.00
Over 20 but not over 25 years 775.00
Over 25 years 825.00
[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 27]
[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.
[E] Longevity payment shall be included,as-part of base.pay for overtime and other purposes, and
shall also belreated as part of compensation for pension and retirement purposes.
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. Beginning 07-01-94 this stipend shall be paid weekly to
qualified employees. By 12-31-94 the town agrees to pay 50% of the stipend owed from the
previous year. The town further agrees to pay the.remaining 50% of the stipend owed in three
equal payments no later than December 31, 1995, 1.996 and 1997. These payments shall be based
on the rate of pay at the time the payment is made.
[B] Any Lieutenant that 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
n Department. Conditions for reimbursement will be effective 07-01-95 and will be as follows:
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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.
[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 detail shall be paid at the rate of$25.00 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.
[B] Saturday, Sunday and holiday details shall be at 1 and 1/2 times the detail rate or $37.50 per
hour.
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n [C] 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.
[D] 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 199.1 to establish a seniority list that integrates
Lieutenants for the purpose of distributing detail overtime based on length of full time service.
[E] Any Lieutenant.who-performs a detail.described in:this .section shall be protected-by.M.G.L.
Chapter 41 section 100, as amended.
[F] 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.
[G] With the exception of the conditions of this section the Chief of Police or his designee maintains
the authority to set outside detail policy,procedures and regulations.
[H] No Lieutenant will be forced to work detail overtime. Except in emergencies declared by the
Chief of Police.
SECTION 14
STRIKE DETAIL:
[A] Lieutenants assigned to strike details will be compensated 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 tunes their
regular hourly rate for each hour in attendance with a minimum of three hours pay.
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n [B] Lieutenants appearing in Superior court will 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 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 Chief s 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 payments stated
in the salary schedule of this contract.
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] Method of Payment will be based on the hourly rate in the "Salary Schedule";
1) Any 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 day's pay and an additional day's pay equal to 8.5 hours.
n [C] 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.
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n [D] 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.[See vacation leave]
SECTION 17
PERSONAL DAYS:
[A] Lieutenants shall be entitled to four (4) personal daysper 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 takenwithfour,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] A Lieutenant is 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 amountequal to the vacation year prior to such dismissal,
retirement, or entrance into the armed forces.
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. .
[D] Absences caused by sickness in excess of that authorized under the rules therefore, or for
' 1 personal reasons as provided for under other leave may, at the discretion of the Chief of Police,
be charged to vacation leave.
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n [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
n 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, on blanks 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.
[G] Injury, illness or disability, self-imposed, shall not be considered a proper claim for leave under
this section.
[H] Nothing in this section shall be construed to conflict with Section 100 of Chapter 41 of the
General Laws.
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SECTION 20
1 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] Any 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.
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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]
3. In addition, any eligible Lieutenant can receive compensation for up to a total of 120
additional accumulated sick days and will be at 50% compensation based on 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 18-13]
[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.
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2) Payments will be made in increments equal to 1/12 of the total Terminal leave due.
I 1 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 1st 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
n 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.
[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 e.as. previously, outlined in item [A] and within this. item *are the
responsibility.of the Towmof North Andover.
[C] Lieutenants on IIIF 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 111F 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 clothing allowance that will be
1 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: $500.00 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 articles 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:
1. $1,000,000 per person
f l 2. $1,000,000 per occurrence
3. $1,000,000 in the aggregate for the year
SECTION 26
ADMINISTRATIVE ASSIGNMENTS:.:
[A] Lieutenants given the added responsibility of Division Commander will be assigned an
department vehicle at the discretion of the Chief of Police.
[B] Lieutenants 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 bases 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
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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 raters/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 l
- 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.
SECTION 28
DRUG TESTING:
[A] Lieutenants of the North Andover Police Department are totally committed to a-drug free work
place.
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[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;
1) 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
8) No Lieutenant will be subjected to any drug or alcohol.testing without probable cause to
require such test.
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SECTION 29
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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 bf 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 Vehicle§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 isnot 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.
[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
f J 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, everyother.month, when
needed at the discretion of the police�chie£ 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.
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[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.
[F] Denial is not subject to grievance procedure.
SECTION 31
DURATION OF AGREEMENT:
This.contract will remain in full force and effect through June 30, 1998. 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 1any ongoing
talks, meetings or any actions including courtintervention resulting from any talks, meetings or lack of
f l such.
�n The below parties have executed this agreement this day of
I I , 1996.
Town Andover North Andover Police Lieutenants b
b ' s Town anager President of IBPO Local 454:
Town of'North Andover by
its Board of Selectman'Chairman
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