HomeMy WebLinkAbout7/1/1992-6/30/1995 i
AGREEMENT
between the
TM OF NORTH ANDOVER
n and the
NORTH ANDOVER POLICE LIEUTENANTS
Effective July 1, 1992
Expiration June 30, 1995
/ 1 +h
Table of Contents
SECT: ! _ RECOGNITION. ,
I'�'?� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .PAGE 2
item A Lieutenants recognition
Item E Good faith clause
Iter C /BPO recognition
Item D Bargaining unit discription
1teri E Anti-discrimination clause
SE IO:i EPS LCYEE RIGHTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .PAGEDR
?
;dESER'a'ATIOid OF RIGHTS. . . . . . . . . . . . . . . . . . . . . . . . .PAGE 2
Item '. Rights and privilages remain in effect
SE1i ION 9 MAIN AGERIAL RIGh7S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .PAGE 3
Item A Regular and customary management
SE/IOP± 5 GRIEVANCE PROCEDURE. . . . . . . . . . . . . . . . . . . . 3-9
Item '. Definition of grievance
Ite�T B Grievance steps
Item C Establishment of Executive Board
SEC ION' 6, SALARY SCHEDULE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .PAGE 4
SEC :0N W0IRK SC1r1EDULE. PAGE 5
Item A 4 and 2 schedule
Item B 8.5 hour day
item Hourly rate computation.
Item D Administrative 5 and 2 schedule/ 17 days
A Item E Weekly pay computation
1 1 Item F Overtime computation
Item G Retirement-pay included
SE�iION 8 STEP RATE INCREASE. . . . . . . . . . . . . . . . . . . . . . . . . . . . .PAGE
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
SECTIO14 9 NIGh7 DIFFERENTIAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . .PAGE 6
Item A Rates/percentages
SECTION 10 LONGEVITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .PAGE 6-7
Item A Payment schedule
Item B Eligibility/pro-rating
Item C Re-employment. 5 year clause
Item D Interrupted service
Ilam E Longevity as base pay
SECTION 11 EDUCATIONAL INCENTIVE. . . . . . . . . . . . . . . . . . . . . . . .PAGE 7-8
Item A Yuinn Bill
Item 3 Tuition reimbursement
SE i.i..:i'ti 12 .T._177nN OVERT ITF. . . . . . . . . . . . . . . . . . . . . . . . .
Item A Establishes time and one hal_` rate
item B Mand2tory cal:-in
:ter; C Ido forced overtime
I-=T _ Compensat:or.. time
7a tirn Si:l_t
l.s
Table of Contents
SECTION 13 OUTSIDE DETAILS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .PAGE 3-9
Item A Rate of pay
Item B Weekend, holiday rate of pay,-
Item C 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 9
Item A Strike rate
SECTION 15 COURT APPEARANCES. . . . . . . . . . . . . . . . . . . . . . . . . . . .PAGE 9-10
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 io HOLIDAYS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .PAGE 10-11
Item A Payed Holidays
Item B Method of payment
Item C Absent from work
Item D Holiday during vacation
J SECTION 17 PERSONAL DAYS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .PAGE 11
Item A Number of days
Item B Use of days
SECTION 18 VACATION LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .PAGE 11-12
Item A Vacation eligibility
Item B Death benefit
Item C Dismissal/retirement
Item D Use as sick time
Item E Holiday during vacation
Item F Credit date
Item G Accumulated vacation
SECTION 19 SICK LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .PAGE 12-13
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 Chp 41 sec 100
SECTION 20 BEREAVEMENT LOVE . . . . . . . . : .; . . . . . . . . . . . . . ::PAGE.GE 13
Item A Conditions of use
A SE�CIIjN 21 Announced retirement. . . . . . . . . . . . . . . . . . . . . . . PAGE 13
1 Item A Lump sum payments u
wY
n Table of Contents
SECTION 22 TERrdINAL LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .PAGE 13-14
Item A. Computation of payment
Item B Treatment of compensation
Item C Payment schedule
Iteimi D Continued health; insurance
SECTION 23 INJURY LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .PAGE 14-15
Iter; 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 15
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 articles/replacement
SEC110 25 LIABILITY INSURANCE. . . . . . . . . . . . . . . . . . . . . . . . . .PAGE 16
Item A Limits of coverage
SECTION 26 ADMINISTRATIVE ASSIGNMENTS. . . . . . . . . . . . . . . . . . .PAGE 16
item A Division commander/vehicle
A Item B Division commander/differential
J
SECTION 27 PERFORMANCE EVALUATION. . . . . . . . . . . . . . . . . . . . . . .PAGE 16
Item A Agreement to use
Item B Document in use
iter C Training for raters
Item D Frequency of evaluation
item E Non-punitive
SECTION 28 DRUG TESTING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .PAGE 17
Item A Agreement to testing
Item B Document in use/ conditions
SECTION 29 'WORKING CONDITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . .PAGE 17-18
item A Mutual enforcement of safety rules
Item B Vehicle standards
Item C Vehicle insurance
Item D Repair work
Iter E Professional training/conditions
Item F Babson College
Item J Health and medical insurance
Item G Staff Meetings .
SECTICN 30 LEAVE OF ABSENCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . .PAGE
18-19
teeA Granting and length of leave
Item 3 How to request
,te,: CNfJ br.af in Ser'J1C6
=tem' . Continuation of health insurance
_ ter:,u Return to work/pay
l ' F a
__ I_0712N OF AGREEMENT. . . . . . . . . . . . . „,.,GE 20
=ON-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 agent(s) and the Police Lieutenants agree to
negotiate and bargain in good faith as allowed by Federal and State laws.
[Ci The Town of North Andover, also, recognizes the International Brotherhood of Poiice
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 ;on-
membership in the IBPO.
ID] 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 officer"
sergeants, chief, executive officer, special police officers, reserve police officers,
auxiliary officers, community service officer and ail civilian employees of the police
department.
[E] The Municipal employer, Police Chief and the !BPO agree not to discriminate in any way
against employees covered . by this agreement because of race. religion, creed, color.
' 1 national origin, sex 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
en)oyed• by the Lieutenants will remain in effect unless specifically abridged or' modified
*by the contract agreement.
n
MANAGERIAL RIGHTS:
r 1 [A] Lx ept as expressiv limited by provision of this agreement or by Statute, the Union
recogni. es 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:
[Al Any complaint, dispute or controversy of any kind which arises between one or more
emaioyees 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.
IB] 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:
1 Step 1. The emplovee 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 grievamce is not resolved at step 3, the Union and only the Union, may
within 15 calender 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
fUr the arbitrator's ser•✓ices shall be shared equally by both parties. .
The arbitrator shall be without power to alter, amend add to or subtract from
the espress language of the agreeITient. lire decision the orbitstor Shall L!r
final and binding 0.. she- parties. tc..ev wards resulting from declsici"
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the arbitrator shall in no case be retroactive prior to the date of
submission of the grivance 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
grivance are extended by mutual agreement of the parties. "Calender" days
as used in this Article shall not include Saturday or Sunday for purpOSES
of the time limits under the grievance procedure.
The grievance committe shall be allowed access at all reasonalbe 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 Sf H E IT
A [Al Lieutenants shall receive compensation in accordance with the following salary scheduie.
f
Salam:! Schedule
EffpctivF juiv 01 1992
P-Lt I II. III MAX
33,399 40,930 43,551 46,307
Hourly 18.47 19.68 21.09 22.27
Effective _Tuly 01 1,093
3% increase for all pay steps.
Effective .Tule 01 1994
456 increase for all pay steps.
SECTION 7
FORK SCHEDULE:
n [A1 Emplovees Shall work a SO-Called ° 4 and 2" wore. schedule consisting if four (4]
C-S;-MiVe Gays for nigh:c- Gn qui IGil06JEd by twO i { cGnscCutive Gays (Gr nigL-
4
V S.
off duty under a six-week rotating schedule.
The reqular 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
S ift 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.
(
Th-t- hourly rate shall be computed by dividing the annual salary, as specified in the
Salary Scheduie by 2074 hours (8.5 hours x 244 days) . The overtime rate of pay shall be
0111.1 and one-half (1.5) times the hourly rate.
[0 NoT't.ithstanding 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 arid, in addition, shall in each fiscal year, receive seventeen (17)
CGZ�Ipensator'r daVS off. These additional days will be credited on January 1st of each year
, ;c will be subject to prorating only in the event of separation from employment.
[Ei 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
Sc;;edule 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.
in accordance with Federal and State Wage Laws; longevity, differentials and incentive pay
will be computed into the overtime rate.
[G1 In accordance with all Federal, State and Essex County, laws, rules, regulations and
procedures the foilowinq 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 RATF INCREASE:
(A I Anr.-- Lieutenant with continuous full-time employment shall_ receive the increment between
his P-r�_zs_ant rate and the next highest rate as follows:
1. After completion of six (6) months at the minimum or entrance rate.
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 ilianaaeI.
n
Thi_, increase shall be baser on perforn.a7ce of the emoiovee during the preced:
i.. � �i;J;;t or ,we!V�_ iG'I rif t tFi iseriCua _ 1 ':�'L ��Ji�'cV _„ _ung tti Of .,.T iCc -
7
[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 existinq 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.
SECTION 9
MIGHT DIFFF FNTTA .
[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.
SECTION 10
LON� .VTTY
-[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
fo'l'lows:
E 1
6
y .
Length of Service Amount Amount Amount
07-01-92 07-01-93 07-01-94
Over 5 but not over 10 years $300.00 $ 011,00 5325.00
G✓er 10 but riot over 15 years 650.00 650.00 675.00
J'ae_ L` but not over 20 years 700.00 700 00 725.00
0`✓e= 20 but not over 25 years 750.00 750.00 775.00
Over 25 Years 800.00 800.00 825.00
[Bj 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 be treated as part of compensation for pension and retirement purposes.
SECTION 11
ED 1 .ATION i. N NTI -
[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, 1996 and 1997. These payments shall be based
on -he 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
FC-Imbursement for all courses, certifications, diplomas and degrees taken by the
indi✓iduai Lieutenant that will advance hisiher administrative, management and poiice
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,
n 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.
n 2. Course must be offered outside normal working hours. Hardship cases ma` be
discussed with approvinq 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.
o. Grade and payment certification is required before reimbursement.
7. Employee will be obligated to remain in the Town employment for six months -ter
completion of the course, or full reimbursment for the last courses will be
deducted from final paycheck at time of termination.
SECTION 12
ETATION C%r'RTIME:
[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
O�ITSID•. DTAI S
L^i Ali outside occasional details exclusive of strike detail shall be paid at the rate of
$25,00 per hour with a four hour minimum: cvar four hours paid for eight hours, o•.,er
eight hours paid for a minimum of twelve hours: and shall be assigned by the Chief. or hjs
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designee.
n [B] Saturday. Sunday and holiday details shall be at 1 and 1/2 times the detail rate or 517.50
per ;,our.
[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 i and
1/'2 times the detail rate.
[D] The Lieutenants seek fair and equitable distribution of all outside details to every full-
tiiTlc sworn member of the Police Department. To this end the Lieutenants recognize and
accE-:it ti-le 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 lenoth of full time service.
[E] Any Lieutenant who performs a detail described in this section shall be Drotected by
M.G.L. Chapter 41 section 100, as amended.
IF] 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
proVisiona of M.G.L. 41 section ill-T.
[G] With the exception of the conditions of this section the Chief of Police or his desionee
maintains the authorityto set outside detail policy, procedures and regulations.
No Lieutenant will be forced to work detail overtime. Except in emergencies declared by
` 1 the Chief of Police.
SECTION 14
STRIKE D TATT
[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 AppF�RbN FS
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, a
criminal or other matter including civil, pending in •aany court of the Commonweai_th, 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 subdiAfision or Agency, Board, Commission, Division, Authority,
Tribunal or Official of the State or Federal Government or subdivision or agency Of either
such ao' ernment, or in anv other capacity for or on behalf of the government of the United
n Stat•=s or thz Commorrr;ealth or town in a criminal or other matter includinq ci,ji' =r_
1n i.yde i i i r I.. f _ - ,
d S% int COirt 0 e ore e edera :rand Jur'.+ proc-ding Or 3 11
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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 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] Lieutenantc. 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 taker,
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
EQ ,DAYS.
[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 Dav
Patriot's Day Thanksgiving Day
]Memorial Day Christmas Day
Independence Day
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[ ] Method of Payment will be based on the hourly rate in the "Salary Schedule
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.
61, Anl;r 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._ hours.
4hen a Lieutenant is absent from scheduled work due to a non- occupational illness or
accident he shad be paid for the holiday as described in E-2 of this Section.
ID1 An employee shall be granted an additional day of vacation if, while on vacation leave, a
designated holiday Dccui-s -ihich fails on a day of the work week. [See vacation leave]
SECTION 17
PERSONAL DAYS
[Aj Lieutenants shall be entitled to four (4) personal days per year, not deducted from sick
time and credited on January ist of each year.
[B1 Two Personal_ days may be used to extend vacations with two weeks notice and approval,
Except in cases of emergency. personal days for other reasons require 24 hour notice.
SECTION 18
VACATION A
[A) A Lieutenant is continuous service shall be granted vacation with pay on the following
terms:
I. Any Lieutenant who has completed six months of service shall be entitled to
one 'f,eek of vacation with pay.
2. Anv 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
eerie of vacation with pa` .
�1-utenant who has completed twenty years of service shall be entitled to
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with pay.
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[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 Ardor
to the employee's death but which had not been granted. In addition, payment shal_1 be
made for that vacation allowance earned or would Have been earned as per [A-1 to 51 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 ::re
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 -er
prior to such dismissal, retirement, or entrance into the armed forces.
In addition, payment shall be made for that portion of the vacation allowances earner: 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 pavroll.
[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 Ch-It-- 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.
[ J, 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 i._F.A,vF;
[A] A Lieutenant in continuous service who has completed six months of service shall be
allowed six (o) 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 pef formance 'record
Prior to conditions supporting his request for the additional allowance.
=. Sic:. lee.'e must be authorized by the Chief of Police and must be reported, on blanks
the Same to the Town ilanac6r
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n [E] A physician's certificate of illness shall be submitted by the employee after JQL 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 htonager.
[G] Injury, illness ur 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.
SECTION 20
BEREAVE NT LEAVE
[A] Emergency leave up to four [4] days will be granted for death in an employee's immediate
family, to include wife. husband, child, parent of either spouse, brother or sister,
persons in the immediate household.
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SECTION 21
ANNOUNCED RFTT Ff NT•
[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
TENAL LEAVE
[ill An'.i =��l.ella U !lhose service _` rm jr�.Q - pr•r� a _
Lce to m n. _e -ment or death shall be allow&
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portion of his accumulated sick leave as terminal leave. The following formula shall be
n 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 a-s
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 sic'v.
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 el.igible 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-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
A year in which a Lieutenant terminates his employment.
4 1 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 partway through the month, he will receive a full 1/12 increment upon
his termination and will receive a successive 1/12 payment on the lst of the
followinq 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.
SE CT I Otl 23 -,
A IN JUPY LEA
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[A] 'bene er Lieutenant is incaoacitat- 7011 duty because of an in;ury sustained in thec
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performance of his duties, he shall be entitled to injury leave with full pay during the
n period in which he is unable to perform his duties or until such time as he has beer,
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 paving the hospital,
radical. and surgical expenses incurred by an .mployee who is injured in the performance
of his duties. Any uninsured expanses as previously Dutlined in item [A] and within this
it_n; are the responsibiiity of the Town of North Andc.=r.
[C] Lieutenants on 111F leave shall continue to accumulate sick leave as described in "SIC`;
T,:1 1�"'•I I
,�.=..> of this agreement. Credit and/'or use of „ accumulated sick leave shall be
granted when the Lieutenant returns to full tine dutw
[D] Lieutenants on 111F leave shall accumulate 'vacatl�" 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 set 'r `-"!! A..T .. item H] Credit drill/Gr U..E
l lmi i I E-A'V " e c
of accumulated vacation time shall be granted upon to full time duty.
SECTION] 24
UNTFO M 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.
[E] The Town of North Andover shall provide each Lieutenant a clothing 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 a,,ounts:
July 01, 1992 - $450,00
July 01, 1993 - $450.00
July 01, 1994 - $500~-00
[D] Expenditure of full uniform allowance shall not excuse any Lieutenant from maintain-Ina his
uniform, in compliance with departmental specification .
[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 a rtes to _.,lace am,`
g _c1 i malted or destroved in the line of
a duty without cost tG the employee
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SECTION 25
LIABTLTTY INS TRANCE
[A] The Town shall purchase and maintain a police professional liability insurance policy that
will include all Lieutenants with limits established as follows,-
1.
ollows;1. $1,000,000 per person
2. $1,000,000 per occurrence
$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:
5% for the duration of this contract.
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SECTION 27
PERFORMANCE EV i IATTON
[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 evaluatinq performance of each Lieutenant.
[C] The Town will provide a professional training program that will meet the approval of the
Department of Personnel Administration -f or 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 1 - Performance Evaluation)
[E] It 1s also recognized that Performance EvaluatiGn . In general, are designed to be a
positive experience, stimulatinq proiess.onalis.m. moti•✓ation and productivity.
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A [F] The effective date of this section is 07-01-94.
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SECTION 28
DRUG T STTN(-,d
[Al Lieutenants of the North Ando,er 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 :;n;dover the document in Appen,di - 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 th-IS sec",Dn ',,ill,
i) Maintain and insure confidentiality for the individual_ Lieutenant.
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Pro-`de L 1, CGntT01 and SeCur1 Li of any Sample tal on.
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 testinq at a secondary facility at the Town's expepse.
b) 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.
SECTION 29
A WORKING ONDITIONS
f 1 .
[A) .-.11 nartIe: to this agree Sha 1_ cooat in �i1:='C�ItiSn` -i c 1
ct; .0 es and
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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 changinq of flat tires.
[E] All Lieutenants will be offered command training courses, conferences, seminars, programs
-tc. , as they become available through the Massachusetts Criminal Justice Traininq
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.
No out of state travel expense will be incurred by the Town.
Lieutenants will riot 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.
[r] All newly appointed Lieutenants will be required to attend Command Training at Babson
Coilege 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
LEAVF OF ABSEN
n [A•] The Town Manager or his designee may grant an employee's request for a leave ea e of ab..er,c.,
A'1LFivuL ra%, for -riedicaI or other __ _fi :a C:: ?c` CGcll not 7r-nerall'v e7ceed
^,-Jnths.
is
r.
[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.
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SECTION 31
DURATION OF AGREEMENT:
This contract will remain in full force and effect through June 30, 1995.
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 Thirteenth
day of December, 1994.
Town of North Andover North Andover Police
by its Chairman, Board of Selectmen Lieutenants - IBPO Local it
454 by its President
Town of North Andover
by its Town Manager
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