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HomeMy WebLinkAbout7/1/2019 - 6/30/2022 } AGREEMENT BETWEEN TOWN OF NORTH ANDOVER NEPBA, LOCAL 102 CONZ4UNICATIONS OFFICERS EFFECTIVE RJLY I, 2019 to JUNE 30, 2022 TABLE OF CONTENTS Article I Preamble 4 Article 11 Recognition Clause 4 Article III Non-Discrimination 4 Article IV Management Rights 4 Article V No Strikes 5 Article VI Stability of Agreement 5 Article VII Union Business 6 Article VIII Dues Deductions 6 Article IX Rules and Regulations 7 Article X Past Practices 7 Article XI Personnel Records 7 Article XII Grievance and Arbitration Procedures 8 Article MR Discipline and Discharge 10 Article XIV Unpaid heave of Absence 10 Article XV Bereavement Leave 11 j Article XVI Educational Reimbursement 11 I Article XVII Personal Leave 12 Article XV 11 Jury Leave 12 Ailicte XIX Military Leave 12 Article XX Terminal Leave 12 Article XXI Parental Leave 13 Article=I Worker's Compensation 14 Article XXIII Length of Service Bonus Payments 14 Article XXIV Uniform Allowance 15 Article XXV Holidays 15 Article XXVI Vacation Leave 17 Article XXVII Sick Leave 18 Article XXVIII Liability Insurance 19 Article XXIX Call Back 20 .Article XXX Work Schedule 20 Article XXXI Night Differential 20 Article XXXII Seniority 21 Article XXXIII Overtime 21 Article XXXIV Swap Policy 22 Article XXXV Safety and Health 22 Article XXXVI Miscellaneous 22 Article XXXVII Compensation 23 Article XXXVIII Performance Evaluation 23 Article XXXIX Direct Deposit 23 Article XXXX Small Necessities Leave Act 24 Article XXXXI Family and Medical Leave Act 24 Requesting and Usage of Leave Article XXXXII Job Descriptions 25 Article XK=11 Part-Time Communications Officer 30 NEPBA,Local 102(Communications Officers)7/1/19 to 6/30/22 Page 2 Article XXXXIV Accreditation Stipend 31 Ai ticle XXXXV Extra Duty Road Details 31 Article XXXXVI Duration of Agreement 33 NEPBA,Local 102(Communications Officers)711/19 to 6/30/22 Page 3 ARTICLE I-PREAMBLE This Agreement is made and entered into by and between the Town of North Andover, Massachusetts, acting by and through its Town Manager, (hereinafter referred to as the "Town% and the New England Police Benevolent Association(NEPBA)Local 102 (hereinafter referred to as the"Union"). ARTICLE II-RECOGNITION CLAUSE Pursuant to the decision of the Massachusetts Labor Relations Commission,Case MCR4353,dated April 11, 1995,the Town hereby recognizes the Union as the sole and exclusive representative of all full-time and regular part-time Communications Officers in the Town of North Andover, excluding the communications supervisor, on-call part-time Communications Officers, and all managerial, confidential, casual and all other employees of the Town of North Andover, for the purposes of bargaining with respect to wages,hours of work and working conditions. ARTICLE III-NON-DISCR1ilYIINATION Section 1. The Town and the Union agree not to discriminate in any way,including discrimination in training, promotions, transfers, layoffs, or discharge, against employees covered by this Agreement because of race,religion, creed, color,national origin, sex, or age. Further,the Town and the Union will not discriminate against employees based upon Union membership or non- membership or participation in or non-participation in Union activities. ARTICLE IV-MANAGEMENT RIGHTS Section 1, The employer reserves and retains sole and exclusively all of its common law,statutoiy, and inherent rights as existed prior to the execution of this agreement, as long as such rights are not inconsistent with the specific provisions of this Agreement. Section 2. Except as to the extent specifically abridged by this Agreement,the Employer shall not be deemed to be limited in any way by this Agreement in the performance of the regular and customary functions of municipal management and shall have, without interference, control and supervision of the Town, and its various departments and facilities. The Employer reserves and retains all powers,authority,and prerogatives including,but not necessarily limited to;the right to' assign, transfer, hire and promote; to determine the number of employees it shall employ at any time; and the qualifications necessary for any jobs it may have or may create in the future; to suspend,demote,discharge, or take other disciplinary action against employees for just cause and to relieve employees of work or layoff employees for reasons of economy or other legitimate reasons; to determine the mission to number of classifications of employees to be utilized; to determine the types of operations;to determine reasonable standards of performance and otherwise to tape measures, as the Employer may determine to be necessary for orderly and efficient operations. Section 3. Rules - The Town shall have the right to make and enforce reasonable rules and regulations governing operations,the manner and method ofperforming the work,the standards it NEPBA,Local 102(Communications Officers)7/1/19 to 6/30/22 Page 4 requires and attendance; any other matter so long as such reasonable rules and regulations governing operations; and so long as the regulations are not in conflict with the specific terms of the Agreement. Such rules will be enforced and in effect upon being posted in the Department and a copy of such rules prior to posting shall be fiu�nished to the Union. ARTICLE V NO STRIKES Section 1, No employee covered by this Agreement shall engage in, induce, or encourage any strike,wont stoppage,slowdown, or withholding of services. The Union agrees that neither it nor any of its officers or agents will call, institute, participate in, sanction, or ratify any such strike, work stoppage, slowdown, or withholding of services. Section 2. Should any employee or group of employees covered by this Agreement engage in any strike, work stoppage, slowdown, or withholding of services, the Union (at the request of the Employer), shall take all reasonable means to induce such employee or group of employees to terminate the strike,work stoppage, slowdown,or withholding of services, and to return to work, Section 3. In consideration of the performance by the Union of its obligations under Sections 1 and 2 of this Article,there shall be no liability on the part of the Union or on its officers or agents for any damages resulting from the unauthorized breach of the agreements contained in this Article by the individual members of the Union. I Section 4. The Employer shall have the right to discharge and otherwise discipline any employee who violates Section 1 above in accordance with the provisions of the Massachusetts General Laws, Chapter 150E, Section 15. Section 5. The employer agrees it will not lockout employees covered by this Agreement except where allowing employees to work will adversely impact the health or safety of employees or citizens of the Town. ARTICLE VI- STABILITY OF AGREEMENT This Agreement incorporates the entire understanding of the parties on all issues which were or could have been the subject of negotiations. The Union and Town acknowledges that during the negotiations which resulted in the Agreement,it had the unlimited rights and opportunities to make demands and proposals with respect to all proper subjects of collective bargaining;that all subjects have been discussed and negotiated and that the agreements contained in the Agreement were arrived at after free exercise of such rights and opportunities. No amendments, alterations, or variations of the terms or provisions of the Agreement shall bind the parties unless made and executed in writing by the parties. The failure of the Employer or the Union to insist,in any one or more situations,upon performance of any of the terms or provisions of this agreement shall not be considered a waiver or relinquishment of the Employer or the Union to the future performance of any term or provision, and the obligation of the Union and the Employer to such fixture performance shall continue. NEPBA,Local 102(Communications Officers)7/l/19 to 6130122 Page 5 ARTICLE VH-UNION BUSINESS Section 1. Leave for Union Business Union negotiating committee members shall be allowed time off from their regular duties to attend collective bargaining sessions with the Town. The negotiation committee shall include no more than three (3) employees. The Union Steward shall be allowed reasonable time to meet with employees and Town Officials to investigate and present grievances during regular working hours,provided he/she obtains the Police Chiefs or designee's approval and does not interfere with Town. operations. No more than two (2) persons shall be designated as Union Stewards. Section 2. Union Representatives on Premises-The Town agrees to permit representatives of the New England Police Benevolent Association to enter the premises for individual discussions of working conditions with an employee provided care is exercised not to unduly interfere with the performance of the duties assigned to the employee and further that they notify the department head beforehand. ARTICLE VM-DUES DEDUCTIONS Section 1. NEPBA Dues - Employees covered by this agreement may, on the prescribed form, authorize payroll deductions for the purpose of paying NEPBA dues. No authorization shall be allowed for payment of initiation fees, assessments or fines. Dues shall be deducted bi-weekly and the funds shall be remitted to the Treasurer of NEPBA on the fifteenth day of each month. Any such deduction for any employee shall be terminated by the Town Treasurer whenever the employee shall submit to the Town Treasurer a signed request giving sixty (60) days notice that said deduction is to be terminated. Section 2, Agency Service Fees a. In accordance with Massachusetts General Laws Chapter 150E, § 12,it shall be a condition of employment that all employees in the bargaining unit who are not members of the Union and who have been employed for thufty(30)days or more,shall pay to the Union an agency service fee to defray the costs of collective bargaining and contract administration in an amount equal to the current regular Union dues, Such payment shall be made on or after the thirtieth (30th) day following the bargaining of such employment or the effective date of this Agreement,whichever is later. b. The Town agrees to deduct bi-weekly from the pay of such employees who properly authorize it, all agency service fees which are owed to the Union. c. The Union agrees to indemnify the Town for any financial liability or legal expense which the Town may incur in complying with this Article. No member of the bargaining unit whose employment is covered by this Agreement shall be required to join the Union or pay an agency fee to the Union as a condition of employment with the Town. NEPBA,Local 102(Communications Ofl"icem)7/l/19 to 6/30/22 Page 6 Section 3. Notification to Town - The Union will initially notify the Town as to the amount of dues, Such notification will be certified to the Town in writing over the signature of an authorized officer of the Union. ARTICLE TX-RULES AND REGULATIONS The Town and its elected and appointed officials have the right to promulgate reasonable rules and regulations pertaining to the employees covered by this Agreement, as long as such rules and regulations do not directly conflict with the express terms of conditions of this Agreement. ARTICLE X-PAST PRACTICES Section 1. -All rights and working conditions uniformly enjoyed by the employees at the signing of this Agreement,which are not included in this Agreement, shall remain in full force and effect, unchanged and unaffected in any manner during the term of this Agreement unless changed in accordance with the provision of Section 2. Section 2. - The following procedures will be observed in connection with modifying past practices: a. The Town shall give the Union specific written notice of the contemplated change; b. The parties shall engage in good faith bargaining co=an ng the change under the provisions of Chapter 150E of the Massachusetts General Laws; and c. If good faith bargaining does not result in complete agreement on the proposed elimination or modification within a reasonable period of time,the Town may implement its last stated position on written notice to the Union, and such action in modifying past practices shall automatically become a subject of bargaining during negotiations between the parties on the next collective bargaining agreement. ARTICLE XI—PERSONNEL RECORDS Section 1. No materials originating from the Police Department derogatory to an employee's conduct,service,character or personality shall be placed in the personnel files unless the employee has had an opportunity to;read the material. The employee shall acknowledge that he/she has read such material by affixing hislher signature on the actual copy to be filed. Such signature does not necessarily indicate agreement with its contents but merely signifies that the employee has read the material to be filed. Section 2. The employee shall have the right to answer any material filed and his/her answer shall be attached to the file copy. Section 3. if any material is placed in an employee's file without proper notice and opportunity to respond,said material shall he removed until such time as the employee has had an opportunity to reply, NEPBA,Local 102(Communications Officers)7/1/19 to 6/30/22 Page 7 Section 4. Any employee shall have the right to examine all material in his/her personnel file with a Union representative if requested by the employee, A copy of any such material shall be furnished to the employee at his/her request. Section.5. The Town will comply with M.G.L. Chapter 149, Section 52C, Personnel Records. ARTICLE XII-GRIEVANCE AND ARBITRATION PROCEDURES Section 1. Grievance Procedure Defined-For the purpose of this Agreement, a grievance shall be defined as a complaint between the Employer and the Union or,to the extent set forth below, an individual employee, involving an alleged specific and direct violation of a specific and express provision of this Agreement. The grievance and arbitration procedures,to the extent that the latter apply, shall be the sole and exclusive means of resolving such grievances. Section 2. Intex retation of Time Limits - A grievance which is not initiated within the time periods specified below shall be deemed to have been waived. Failure of the Union to appeal a decision within the time limit specified shall mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal. Failure of the Administrative Services Director, Chief of Police, or Town Manager or designee to answer an appeal within the time limit specified shall mean that the appeal may be taken immediately to the next step in the procedure. The time limits herein set forth may be waived or extended by mutual written agreement by the patties. Section 3. Procedural Steps and Time Limits ' Step 1. Administrative Services Director—No later than five (5) working days after the event giving rise to the grievance, or five (5)work days after the employee should reasonably have learned of the event giving rise to the grievance, whichever is later, the employee must submit a written grievance to the Admiinistrative Services Director, or his/her designee. The written grievance must contain the specific term(s)allegedly violated by the Town on the basis for claiming said violation, The failure to do so will be sufficient grounds to refuse to process the grievance. Within five (5) work days after receiving the grievance, the Administrative Services Director and the employee shall meet to discuss the grievance. The Administrative Services Director shall give his or her written answer within five (5)work days of said meeting, Stets 2. Chief of Police--If the grievance is not settled in Step 1,the employee,no later than five (5) work days after receipt of the immediate supervisors' response to the grievance or when said response is due,whichever is earlier,may file a written appeal to the Chief of Police. Within five (5) work days after receipt of this appeal the Chief and the employee shall meet to discuss the grievance. The Chief shall give his or her written answer within five(5)work days of said meeting. Step 3, Town Manage—If the grievance is not resolved at Step 2,the grievance may be presented to the Town Manager or designee within five (5) work days after the NEPBA,Local 102(Cotntnunications Officers)711/19 to 6/30122 Page 8 response fi'om the Chief of Police, or when said response is due, whichever is earlier. The Town Manager or his/her designee may meet with the employee within ten (10) work days of the presentation of the grievance at Step 3. The Town Manager or his/her designee, shall give his/her written answer to the grievance within ten (10) work days after such meeting, and said answer shall be final and binding on the employee and the Town. Section 4. Arbitration-If the grievance has not been resolved by the Town Manager or designee at Step 3,the Union and only the Union,may submit the grievance to arbitration within thirty(30) calendar days following the Town Manager's or designee's answer or the date on which said answer is due,whichever occurs first. Submission to arbitration shall be accomplished by a letter addressed to the American Arbitration Association, postage prepaid, with a copy to the Town Manager or designee. The grievance shall constitute the sole and entire subject matter to be heard by the arbitrator. The Arbitrator shall be chosen from a panel under the rules of the American Arbitrators' Association. The fees and expenses of the Arbitrator,tribunal or the American Arbitration Association shall be shared equally by the parties. Each party shall bear the expense of its own representation at the arbitration proceedings, witnesses, and for the preparation of its own case. If either party desires a verbatim record of the proceedings,it may cause such a record to be made,provided that it pays for such a record and agrees to make copies available to the other party at cost. If arbitration fees or expenses are incurred by the Town and not paid by the Town,neither the Union uor its members shall be responsible for payment. Any decision of an Arbitrator which requires that payment of moneys which are not presently appropriated shall not be acted upon until the necessary budgetary action is taken by the Town Meeting or other authority. The Arbitrator's decision shall be final and binding on the parties except: a. As provided in Massachusetts General Laws Chapter 150C;or b. Where the decision of the Arbitrator violates or misinterprets any federal or state laws or any rules and regulations duly promulgated by federal and state agencies pursuant to such laws. Section 5. Limitations on Arbitration. Notwithstanding anything to the contrary, no dispute or controversy shall be subject to arbitration unless it involves only an alleged specific and direct violation of an express provision of this Agreement. The Arbitrator shall have no power to add to, subtract from or modify any of the terms of this agreement. The parties are agreed that no restrictions are intended on the lights and powers of the Employer except those specifically and directly set forth in express language in specific provisions of this Agreement. The Arbitrator shall arrive at his/her decision solely upon the facts,evidence and contentions as presented by the parties during the arbitration proceedings. The Arbitrator shall have the power to direct a resolution of the dispute up to and including restoration of the employee's job and/or the award of full or partial restoration of all compensation NEPBA,Local 102(Communications Officers)7/1/19 to 6/30/22 Page 9 and privileges as to the Arbitrator deems warranted, if the Arbitrator concludes that the Town violated the Agreement. Any incidents which occurred or failed to occur prior to the effective date of this Agreement shall not be subjected to grievance or arbitration procedures under this Agreement or other recourse. Section 6. Miscellaneous. No reprisals of any kind will be taken by the Employer,Town Manager, or any member of the Selectmen against any party in interest or any participant in the grievance procedure, by reason of such participation. The parties may by mutual agreement submit more than one pending grievance to the same Arbitrator. ARTICLE XIII -DISCIPLINE AND DISCHARGE Section 1. Except as otherwise provided in this Agreement, no employee covered by this Agreement shall be disciplined or discharged without just cause. Section 2. Employees covered by this Agreement who have completed their probationary period may appeal such discharge or discipline pursuant to the grievance-arbitration provisions of this Agreement. A copy of any notice of suspension or dismissal shall be mailed or delivered in-hand to the local Union president within forty-eight(48)hours of the suspension or dismissal action. Section 3. Notwithstanding any contrary provision of this Agreement, employees who have not completed their probationary period shall not be able to utilize the grievance-arbitration provisions of the Agreement concerning discipline or discharge. Section 4. Probationary Employees. Persons covered by this Agreement shall be probationary for the first twelve(12) months of their employment. During the probationary period,the employee shall receive a job performance review by his/her Administrative Services Director at the completion of six(6)months of service, at the completion of nine(9)months of service, and at the completion of twelve(12)months of service at the end of the probationary period. At each review, a probationary employee shall receive a written evaluation and a statement of "Meets Expectations"or"Does Not Meet Expectations". Section 5. An employee receiving a review at six (6) months who receives a rating of"Meets Expectations" shall be entitled to vacation and leave benefits as outlined below. An employee who does not receive a"Meets Expectations"rating at six(6)months and subsequently receives a "Meets Expectations" rating at nine (9) months shall receive vacation and leave benefits at nine (9)months. ARTICLE XI'V -UNPAID LEAVE OF ABSENCE a. The Town Manager,or his/her designee,may in his discretion grant an employee's request for a leave of absence without pay for good and sufficient reasons. Such a leave shall, if granted, generally not exceed twelve (12)months. b. An employee seeping a leave of absence shall submit a written request to the Town Manager explaining the reasons why a leave is requested and how long a leave the NEPBA,Local 102(Communications Officers)7/1/19 to 6/30/22 Page 10 E employee is requesting. Such written request shall, except in case of emergency, be submitted to the Town Manager at least four (4) weeks prior to the date on which the employee wishes to start the leave. The Town Manager shall have discretion as to whether to approve a request for a leave of absence and as to the duration of any leave approved. c. An approved leave of absence shall not constitute a break in service. However, an employee on an approved leave, other than for military service shall not accrue seniority or other benefits for the period of the leave. An employee on approved leave will not be entitled to any benefit but can continue group health insurance coverage by paying the full premium cost in advance on a monthly basis. d, An employee returning to work after an approved leave of absence will be placed at that step of the salary schedule at which he was being paid prior to said leave of absence, e. Employees may be allowed up to 12 weeks unpaid leave per year for the serious illness of the employee or an immediate family member. Terms and conditions of this leave, including eligibility, are contained in the Family and Medical Leave Act of 1993, ARTICLE XV BEREAVEMENT LEAVE Emergency leave up to five (5) working days with pay following day of death in an employee's immediate family(spouse,child,parent of either spouse,brother, sister,grandparent of employee, grandchild of employee)and up to three(3)working days for the following: brother-in-law,sister- in-law, grandparent of spouse,and person in the immediate household, ARTICLE XVI-EDUCATIONAL RETMBU SEMENT A continuous full-time employee who has completed one (1) year of service with the Town, or regular part-time employee who has completed two (2) years of service with the Town, shall be eligible to receive educational reimbursement as follows: a. Reimbursement will be provided in accordance with provisions of this Article, provided the employee receives an advanced favorable recommendation by the Police Chief and approval by the Town Manager,subject to the appropriation of funds. Reimbursement for regular part-time employees will be pro-rated based on the ratio of regular hours worked to the regular workweek of full-time employment. b. Course must be offered outside normal working hours. Hardship cases may be discussed with the Police Chief subject to the approval of the Town Manager. c. Course contents must be job-related and approved. d. Course cost must be approved in advance. e. Educational reimbursement of 100%will be made for registration fees,books, and tuition based upon a passing grade of C or better. NEPSA,Local 102(Communications Officers)711/19 to 6/30122 Page 11 f Grade and payment certification is required before reimbursement. g. Employee will be obliged to remain in the Town employment for six (6) months after completion of the course, or full reimbursement for the last courses will be deducted from final paycheck at time of termination. ARTICLE XVII-PERSONAL LEAVE All employees after completion of their probationary period may, with the prior approval of the Police Chief or the Administrative Services Director,use up to four(4)days in each fiscal year for personal reasons. These days may be used to extend vacation(or a holiday) with two (2) weeks advance notice and approval by the Police Chief or Administrative Services Director. Except in cases of emergency, personal days require twenty-four (24) hours advance notice, Unused personal leave cannot be carried over into next fiscal year, Any employee completing their probationary period in the month of Tune shall be awarded their personal days on Tune 111. ARTICLE XViI<I- JURY LEAVE An employee shall provide as much notice as possible when called for jury duty and shall provide notice of the dates of such jury duty. Employees shall be compensated for jury duty in accordance j with Massachusetts General Laws, Chapter 234A. ARTICLE XIX,MILITARY LEAVE An employee in the military reserve who has been granted a military leave of absence due to being called into active service will be compensated in accordance with Chapter 137 of the Acts of 2003 as adopted by the 2004 Annual Town Meeting. ARTICLE XX-TERMINAL LEAVE The following sections shall be incorporated in the computation for payment of terminal leave: Length of Service Bonus; Vacation.Leave; and Sick Leave, An employee who retires shall be allowed a portion of his/her accumulated sick leave as terminal leave, The following formula shall be used in computing the amount of terminal leave to be allowed a retiring employee. a. Twenty-five (25) whole years of continuous full-time service shall be considered 100% service. NEPBA,Local 102(Communications Officers)711/19 to 6/30/22 Page 12 b, An employee who qualifies for terminal leave shall be entitled to the same percentage that the number of years of service bears to the 100% service factor of twenty-five (25) years provided that in no case shall said leave be measured by more than sixty (60) days accumulated sick leave, or fifteen(15)work weeks,whichever is the lesser. For employees hired after July 1, 2005, said leave shall be measured by no more than twenty(20)days accumulated sick leave or four(4)work weeks, whichever is the lesser. c. Upon the death of an employee,benefits skull be paid to the estate of the deceased. ARTICLE XXIi-PARENTAL LEAVE 1, Pursuant to G. L. c.149, § 105D,the Parental Leave Act(the"PLA"),parental leave is provided to eligible employees.For those employees who are eligible for FMLA leave, any leave taken pursuant to the PLA shall run at the same time. 2. Employees are eligible for PLA leave for the purpose of giving birth or for the placement of a child under the age of 18, or under the age of 23,if the child is mentally or physically disabled, for adoption with the employee who is adopting or intending to adopt the child;provided, however,that any two (2) employees of the same employer shall only be entitled to eight(8) weeks of parental leave in aggregate for the birth or adoption of the same child. 3. The PLA does not require paid leave, Available and applicable accrued paid leave can be used during this period. However, if the employee who has no accrued leave then,the leave shall be unpaid. 4. An employee,who due to their length of employment,is not eligible for FMLA leave, but who has been employed as a full-time employee by the Town for three (3)months is eligible for PLA leave under Massachusetts law. PLA leave provides an eight(8)week unpaid leave period. 5. For employees eligible for FMLA,PLA will be concurrent with the FMLA period; all weeks of such leave shall not exceed twelve (12) in a 52-week rolling period following birth or adoption. 6. Under the provisions of the PLA an employee is only required to provide a two (2) week notice for PLA leave. However, the Town requests four(4)weeks' notice in order to allow the Town to create a plan to fulfill the job obligations of the employee's position. 7. Length of Leave and Pay: a. Accrued sick leave benefits will be available under the same terms and conditions which apply to other medical leave obligations, contractual agreements, and applicable law; b. An employee may use accrued vacation,personal and/or compensatory time during their PLA leave; and NEPBA,Local 102(Communications Officers)711/19 to 6/30/22 Page 13 c. At the conclusion of and contiguous to PLA leave, an employee may request an unpaid leave of absence for up to three(3)additional months for specific child health care need or pregnancy related disability that is documented. This extended leave option shall be consistent with personal leave provisions of applicable collective bargaining agreements, Town personnel policies and provisions of M.G.L, c. 31, §37. This additional leave requires Appointing Authority (Town Manager) approval. The employee will provide the request for additional leave to their Department Head at least two (2) weeks prior to the end of the initial leave period. The Department Head will then submit the employee's request for additional leave, exceeding the twelve (12)weeps to the Town Manager along with -their (Department Head's) recommendation (memorandum) for decision. Factors influencing the recommendation will be indicated by the Department Head, considerations such as operational and staffing impacts or concerns. ARTICLE XXQ-WORKER'S COMPENSATION If an employee, who has been absent from work and collected sick pay, and has this absence declared eligible for worker's compensation benefits,the following shall take place: a. Those days paid and charged to sick pay during this absence will be credited back to the employee based upon the difference between the gross pay paid under sick pay benefit and the portion detem-Tined to be collected under worker's compensation. b. The fist check received by the employee from worker's compensation shall be turned over to the Town to reimburse the Town for the payments made to date under sick pay benefit and becomes the basis for determining the credits due the employee for sick days. c. Once it has been determined the amount the employee is to receive under worker's compensation, the difference between one's regular gross week's pay and the worker's compensation payment will be paid by the Town and be charged against accrued sick days. This difference will continue until the employee exhausts his or her sick pay benefits or until the employee returns to work, whichever comes first. The employee will not accrue sick pay or vacation benefits while out on worker's compensation. ARTICLE XXIII-LENGTH OF SERVICE BONUS PAYMENTS a. An employee of the Town who has been in continuous full-time or regular part-time employment in a position shall be paid, in addition to the compensation received under Article XXXV11—Compensation annual increments determined as follows: Length of Service 7/1/19 7/l/20 7/1/21 Over 5 but not over 10 years $600 $ 650 $ 700 Over 10 but not over 15 years $900 $ 950 $1,000 Over 15 but not over 20 years $1,525 $1,725 $1,925 Over 20 but not over 25 years $1,625 $1,825 $2,025 Over 25 years $1,725 $1,925 $2,125 NEPBA,Local 102(Cornrnunications Officers)7/1/19 to 6/30122 Page 1.4 Length of Service Bonus will be pro-rated for regular part-time employees. b, An employee will become eligible for the Length of Service Bonus increments on the 5th, 1 Oth, 15th,and 25th anniversary date of his or her employment. a An employee who qualifies for the Length of Service Bonus compensation and then leaves the employ of the Town shall not be entitled to such compensation if re-employed until a new five-year period of continuous full-time employment has been served. d. If the service of an employee is interrupted by lay-off, military service, or other reason from.the employee's own action,total service will be considered continuous service. e. Longevity shall be paid bi-weeldy as part of base pay and included in the calculation of overtime or other purposes and shall be treated as part of compensation for pension and retirement purposes only. ARTICLE XXIV-UNIFORM ALLOWANCE Employees will receive an annual fiscal year uniform allowance of$ 600.00. Payment will be included in the first bi-weekly paycheck issued in August of each year. As of July 1, 2017, the annual uniform allowance shall increase to $625 and as of July 1, 2018 increase to $650. Any expenses arising from any change in the prescribed uniform shall be borne by the Town and shall not be attributable to the clothing allowance. Employees shall be neatly dressed at all times while on duty,in uniforms which comply with the DepartmWal specifications. Expenditure of full uniform allowance shall not excuse a Communications Officer from maintaining his/her uniform in compliance with Departmental specifications. Employees out on injury leave or sick leave shall receive an extended pro-rated allowance. ARTICLE XXV-HOLIDAYS a. The following days shall be recognized as legal holidays: New Year's Day Labor Day Martin Luther Ding Day Columbus Day Presidents'Day Veterans' Day Patriots' Day Thanksgiving Day Memorial Day Christmas Day Independence Day When December 24th (Christmas Eve) falls on a regular scheduled workday, employees shall receive an additional half-day paid holiday. b. All full-time and regular part-time employees(one who works an average of at least twenty (2-0) hours per week) shall be entitled to holiday pay for the designated holidays. An NEPBA,Local 102(Communications Officers)711/19 to 6/30/22 Page 15 employee who is absent without authorization,on his/her regularly scheduled working shift before or after the holiday shall not be eligible for holiday pay. c. Eligible hourly employees shall receive the regular rate of pay based upon number of hours regularly scheduled for the day on which the designated holiday occurs. d. Notwithstanding any other provision of this Agreement, employees shall be compensated for holidays only in the manner set forth below. It does not matter whether the employee is scheduled to work the holiday or not, or whether the employee works the holiday or not. 1. Holiday Pay: For the listed holidays of New Year's Day, President's Day, Memorial Day, Labor Day, Veteran's Day, and Christmas Day, employees shall receive, in addition to his/her regular weekly pay, eight (8) hours of their regular rate of pay as holiday pay. 2. Time Off. Employees will be entitled to five (5) days off,with pay,to be requested and approved in accordance with other tune-off requests. The days off must be taken during the calendar year earned and may not be carried over into a subsequent calendar year. 3. For employees hired on or after July 1,2013: i. For all the listed holidays,the employee shall receive, in addition to his/her regular weekly pay, eight (8) hours of their regular rate of pay as holiday pay. ii. If an employee works 2 (two) overtime shifts, he/she will receive three (3) days off to be taken in full eight (8) hour shifts Overtime shifts worked in order to receive compensatory time shall be worked in the Communication Center. Remainder of this page intentionally blank E NEPBA,Local 102(Communications Officers)7/1/19 to 6/30/22 Page 16 ARTICLE X M-VACATION LEAVE a, A continuous full-time employee or a regular pant-time employee shall be granted vacation with pay on the following terrns; Complete Years of Service Number of Weeks/Days Vacation One (1)* Two (2)wks/Ten(ld) days Five(5) Three (3) wks/Fifteen(15) days Ten(10) Four (4) wks/Twenty(20) days Eleven(11) Four(4) wks+One(1) day/Twenty-one days (21) Twelve (12) Four(4) wks+Two (2) days/Twenty-two days (22) Thirteen(13) Four(4) wks+Three (3) days/Twenty-three days (23) Fourteen(14) Four(4)wks+Four(4) days/Twenty-four days (24) Fifteen (15) or more Five wks/Twenty-five days An employee,after receiving a"Meets Expectations"rating at the earlier of either the six(6)month or nine(9)month probationary period may request five(5)days of his/her vacation in advance. If the employee does not complete their first year of service, any advance vacation pay taken will be deducted from their last paycheck. b, Employees will receive their full vacation entitlement, as provided by this Article, on the first(1st of the month in which their anniversary falls. Length of service for purposes of vacation eligibility shall be based upon the employee's anniversary date of employment. The amount of vacation time allowed in any anniversary year will be based on the number of months of active service during the preceding twelve (12)months, c. Absences on account of sioRness in excess of that authorized under the rules,or for personal reasons as provided for under other leave may, at the discretion of the Police Chief, be charged to vacation leave. d. Upon the death of an employee who is eligible for vacation under these rules, payment shall be made to the estate of the deceased in an amount equal to the vacation allowance, as accrued in the vacation year prior to the employee's death, but which has not been granted. In addition, payment shall be made for that portion of the vacation allowance earned in the vacation year during which the employee died up to the time of his or her separation from payroll. e, Absence for personal reasons may be charged to vacation leave upon application by the employee and approved by the Police Chief. Such absences,however,may not be charged NEPBA,Local 102(Communications Officers)7/1/19 to 6/30122 Page 17 i to vacation leave beyond that which the employee has earned at the time of such application. f. Employees called upon to serve during a State or National emergency will have vacation time accrued as mandated by Federal and State laws. g. Vacation allowances provided under the terms of this section shall not be permitted to accumulate in excess of four (4) weeks at any time. Notwithstanding the foregoing restriction on vacation accumulation, an employee in continuous service for ten (10) or more years and eligible for four(4) weeks' vacation shall be permitted to accumulate one additional week for a total accumulation of five (5) weeks. Effective January 1, 2017, employees may carry over from one benefit year to the next no more than five (5) days of vacation,regardless of the amount of vacation accrued during a specific year. Vacation shall be granted by the Police Chief at such time as in his/her opinion will cause the least interference with the performance of the regular work of the Town. h, Employees who are eligible for vacation under these rules and whose services are terminated by dismissal, or by retirement, or by entrance into the armed forces,or who are on leave as result of an injury sustained while on the job, shall be paid an amount equal to the vacation allowance as earned, and not granted, nor used, in the vacation year prior to such dismissal,retirement, or entrance into the armed forces. In addition, payment shall be made for that portion ofthe vacation allowance earned in the vacation year during which such dismissal,retirement,or entrance into the armed forces occurred up to the time of the employee's separation from the payroll, but no such payment shall be made to those personas on injury leave who have not been separated from the payroll. L There will be no accrual of vacation leave when an employee is in an unpaid status(unpaid leaves of absence,discipline, etc.). ARTICLE XXVH-SICK LEAVE a. A continuous, full-time or regular part-time employee who has received a "Meets Expectations" rating at the earlier six (6) months or nine (9) month probationary review shall be allowed six(6)days leave with pay and shall be allowed leave of one(1) and one- quarter(1 %)days for each consecutive month of service,provided such leave is caused by sickness or injury or by exposure to contagious disease. Regular,part-time employees shall be credited with sick leave on a pro-rated basis. b. An employee shall be credited with the unused portion of leave granted under paragraph a, c. If the amount of leave provided under paragraph A has been or is about to be exhausted, an employee may make application for additional allowance to the Town Manager. The Town Manager, who is authorized to grant such additional allowances, as he/she may determine to be equitable, after reviewing all circumstances including the employee's NEPBA,Local 102(Communications Officers)7/1119 to 6/30/22 Page 18 attendance and performance record prior to conditions supporting his/her request for the additional allowance. d. Sick leave must be authorized by the Police Chief or his designee and must be reported to the Officer in Charge who enters the sick leave into the Department's tracking software. e. A physician's certificate shall be submitted by the employee or his agent after three (3) consecutive work days absence to the Administrative Services D xector before leave is granted under the provisions of this section. The certificate shall be forwarded by the Police Chief. This note shall be submitted to the Administrative Services Director by the fourth(4111) consecutive workday. f. The Town Manager may require medical examination of any employee who reports his/her inability to report for duty because of illness. This examination shall be at the expense of the Town by a physician appointed by the Town Manager. g. Injury,illness or disability as a result of a self-imp osed act shall not be considered a proper claim for leave under this section. h. Employees may be granted sick leave if actively participating in a Town approved alcohol or substance abuse program. i. Up to five (5) days of accumulated sick leave in any fiscal year may be used for family illness. j. All Communications Officers hired after July 1, 1996 may accumulate sick leave of up to a maximum of 120 days. All other Communications Officers employed by the Town prior to July 1, 1996,shall be grandfathered to accumulate unlimited sick leave. k. An employee who retires shall be entitled to a portion of his or her accumulated sick leave, as stated in Article XX Terminal Leave. 1. Upon the death of an employee,benefits shall be paid to the estate of the deceased as stated in Article XX Terminal Leave. in. There will be no accrual of sick leave when an employee is in an unpaid status (unpaid leaves of absence, discipline, etc.). ARTICLE XXVM-LIABILITY INSURANCE The Town shall purchase and maintain a professional liability insurance policy covering all the full-time employees and regular part-time employees of the Department. NEPBA,Local 102(Conununiaations Offioers)7/1/19 to 6/30/22 Page 19 i ARTICLE XXIX-CALL BACK Employees who are called back to work after having been dismissed by their supervisor shall receive three (3)hours minimum compensation at time and one-half( 1 '/2) hours worked. ARTICLE XXX-WORK SCHEDULE a. Employees shall work a so-called "4 and 2" work schedule consisting of four (4) consecutive days and/or nights on duty followed by two(2)consecutive days or nights(off duty)or a split shift consisting of four(4)shifts(days and/or nights)in three(3)consecutive days followed by three (3) consecutive days or nights off, under a six week rotating schedule. b. The regular workday shall consist of eight and one-quarter(81/a)hours including 15 minutes before the scheduled shift starting time. No overtime shall be incurred as a result of this 15 minute period before the scheduled shift,notwithstanding any provision to the contrary in this Agreement c, The employee shall be allowed a paid,thirty (30) minutes meal break after four (4)hours of work. In consideration of being paid for this meal break,the Communications Officer agrees to be available for duty at all times during the meal break in the event of any emergency. Employees may be permitted to leave the general vicinity of the Police Station and its grounds and thereby become temporarily unavailable for duty,when in the opinion of the officer in charge of the Dispatch Center at least one (1) Communications Officer is available to assume sole responsibility for fire service or emergency medical service related calls during the employee's absence. In addition to another Communications Officer being present, this condition shall be deemed to be satisfied, if a sworn police officer is specifically assigned to the Dispatch Center to handle police service calls during the employee's absence. f d. Due to staffing issues in the Dispatch Center,when only one (1)Communications Officer is working the 12:00 midnight to 8:00 a.m. shift and is unable to take a meal break, the Communications Officer will be allowed to leave work at 8.00 a.m,to compensate for the lack of a meal break. e. In the event that it is necessary for a Communications Officer to work alone, that Communications Officer shall receive an hourly stipend of$3.00 per hour for each hour he/she worked alone, ARTICLE XXXI-NIGHT DIFFERENTIAL Communications Officers who are regularly assigned to work the early night and late night shifts shall receive a differential of 7%of the base hourly wage for hours worked between 4:00 p.m. and 8;00 a.m. NEP13A,Local 102(Communications Officers)7/1/19 to 6/30122 Page 20 ARTICLE XXXII-SENIORITY Section 1. Definition Seniority is defined as the length of an employee's continuous, uninterrupted employment as a full-time Communications Officer classification with the Town of North Andover. Section 2. Seniority List The Administrative Services Director shall annually update and post a seniority list no later than January 31". Section 3. La offs In the event a layoff becomes necessary in the exclusive judgement of the Employer,the Employer will lay off on the basis of seniority within Dispatch. The employee with the least seniority in Dispatch will be laid off first. Employees will be recalled based on seniority in Dispatch with the most senior employee recalled first. The employer agrees to provide a minimum of(2)weeks' notice of any layoff. ARTICLE XXXM-OVERTIME Section 1. An employee shall be compensated at the rate of one and one half(lV2) tines their regular hourly rate of pay for work performed in excess of eight and one-half(8'/2.) hours per day or for any hours worked not consistent with the normally scheduled forty (40)hour workweek. Section 2, Scheduled overtime shall be distributed,by the Chief of Police or his/her designee, to all employees in a fair and equal basis, as follows: a. When the Department decides to fill a shift with unscheduled employees on an overtime basis,it shall do so by using a rotation list which includes all regular uniformed dispatching personnel. This provision is not intended to increase the occasions in which overtime is incurred, but only to provide for equitable distribution by having a continuous rotation list based on hours. Only overtime actually offered to an eligible employee whether actually declined or not accepted by reason of the employee's inability to be contacted shall be counted as a refusal. b. When there is an open shift to be filled,the list will be utilized by calling first the employee with the least amount of hours in ascending order to the employee with the most hours. An employee is not eligible for work and shall not be charged hours because they may already be working or they may already have worked a double shift. c. For a special operations event,the Police Department will be allowed to notify an employee ahead of time to ascertain if they would be available to fill the opening on short notice. This notification would not need to be made from the rotation list based on hours, but the overtime hours worked by the employee would be credited to the list after the hours have been worked. An example of a special operations event would be a CID or DEA undercover operation requiring a communications officer when warrants are being executed on a large scale. This is necessary to facilitate the public safety security issues that surround a special NEPBA,Local 102(Con naunications Officers)7/1/19 to 6/30/22 Page 21 operations event, The Communications Officer would become a member of this special operation for that specific event. Section 3. Time spent in connection with community functions such as marching in parades, memorial services, etc. shall be voluntary and shall not be compensated. Section 4. An employee requesting a vacation day may elect to work that specific shift in an overtime capacity. For the specific shift, the employee shall be charged with a vacation day in addition to being paid at their regular overtime rate. The employee may utilize up to five (5) vacation days in this manner per eligibility year. In the event the employee chooses such an option, this overtime assignment shall be exempt from the provisions of Section 2 above. ARTICLE XXXIV- SWAP POLICY At the discretion of the Administrative Services Director, or his designee, employees may be, permitted to exchange shifts provided it can be done without added costs to the Town. A request to exchange shifts must be submitted and approved, in writing, at least twenty-four (24)hours in advance of the shift to be swapped. A decision not to allow an exchange shall not be subject to the grievance or arbitration procedure. ARTICLE XXXV SAFETY AND HEALTH a. The employer agrees to provide a safe, clean and wholesome surrounding in all places of employment. At least once a week, the Employer shall inspect the premises to maintain good housekeeping. b. The Employee shall at all times be concerned with the safety and health of the employees of their respective departments. c. The Union will be allowed to appoint one (1)representative to sit on the Town-wide Safety committee, Said representative shall be given time off to attend safety committee meetings held during the employee's normal workday. d. When an employee-re-reports an condition which he/she believes to be injurious to his/her p Y J health or if a piece of equipment is defective, wom or dangerous to operate because of its condition to the Administrative Services Director,he/she shall correct the situation or have it corrected. e. This Article shall not be subject to the grievance and arbitration procedure. ARTICLE IXXVI-MISCELLANEOUS a. Employees using their own personal vehicle for Police Department business shall be reimbursed at the Town established reimbursement rate in effect at that time. b. The Union will be provided with three(3) original copies of this agreement. NEPBA,Local 102(Communications Officers)7/1/19 to 6130/22 Page 22 c. Stipends-There shall be one (1) employee designated as Emergency Medical Dispatcher Manager (EMD). Employees assigned as the EMD Manager and the Certified Training Officer shall be paid a $600 lump sum stipend in the second payroll of June, payable separate and apart from base pay,and pro-rated based on the number of months in the fiscal year the employee was assigned such work. ARTICLE XXXVII--COMPENSATION Section 1. Hourly Wages The base wage increases for the life of this bargaining agreement, shall be as follows; FY2020 2.0% FY2021 2.0% FY2022 1.5% July 1, 2019 2.O0°!oi - Fiscal Year 2020 ' MIN ' 11 111 ' IV V ' VI ' VIl Max Dis archer -- ; $ %85 ; 5 20,83 ' $ 21.84 ; $ 22.92 ; $ 23.81 ; $ 25.22 ' $ 25.34 Lead Dispatcher _-. --- -- --- ; $ 26.87 ; $ 28.19 ; $ 29.56_; -- July 1, 2D20 I 2.00%', Fiscal Year 2021 ' MI VII ' Max Dispatcher I --- ; $ 20.25 ' $ 21.25 ' $ 22,28 ' $ 23.38 ' $ 24.29 ' $ 25.72 ; $ 26.85 .�..:r.=..� _ Lead Dispatcher ' - E ' - --- ' $ 27.41 ' $ 28.75 ' $�30.16 j ... I E 1 1 1 E E I July 1, 2021 f 1,500E Fiscal Year 2022 E MIN E Il E III E IV V V1 E VIl Max Dispatcher ' -- ' $ 20.56 $ 21.67 ' $ 22.61 ' $ 23.73 , $ 24.65 ' $ 26.11 26.24 3,-���:.'T-n�,a.::^_�.:�.%���� 2«�:=:.�=�-'J,=.^.��"7-�,- ''�a;ts�J.�?=^ �.s�l..��'�e".`�-'x:�<�:� 5��v7E✓.�-W�=��r, 3�a," ':-=Y'�Y-: Lead Dispatcher 27.$2 $ 29.1$ $ 30_60 ' -- ARTICLE XXXVIII--PERFORMANCE EVALUATION A committee consisting of representatives of management and of the Union shall meet for the purpose of developing performance evaluation procedures and instrument. Such procedures will be reduced to writing and incorporated into the agreement by June 3 0,2022. ARTICLE XXXIX-DIRECT DEPOSIT As of July 1, 2019, all employees must have their biweekly pay direct deposited to the financial institution of their choosing. Existing employees who are currently not receiving direct deposit will be excluded from the above provision unless and until they request other wise. NEPBA,Local 102(Communications Officers)7/1/19 to 6/30/22 Page 23 New employees hired after July 1,2019 and those existing employees who request will have their payroll stubs sent to the electronic mail address of their choosing, Arrangements will be made for individuals without access to personal or Town of North Andover electronic mail. ARTICLE XXXX—SMALL NECESSITIES LEAVE ACT In accordance with M.G.L. c. 149, §52D, the Small Necessities Leave Act (the "SNLA") all employees will be permitted to take up to twenty-four (24) hours of unpaid leave in any twelve month period for the purpose of participating dnectly or indirectly in school activities of a son or daughter; to accompany an eligible child to routine medical and dental appointments; or to accompany an elderly relative to routine medical or dental appointments, The Town uses a calendar year. Although the leave is unpaid, employees may use available vacation or sick time to compensate for the absence. SNLA Leave may be taken all at once, intermittently, or on a reduced work schedule. Employees wishing to take SNLA Leave must provide seven days written notice to their supervisors, where possible, If seven (7) days' notice is not possible, notice must be provided as soon as practicable. Employees shall complete an Employee Certification form and give the original to Human Resources and a copy to the Division Director, SNLA Leave must be documented on the timesheet and the annual attendance calendar. SNLA Leave is in addition to leave under the Family Medical Leave Act. ARTICLE XXXM—FAMILY MEDICAL LEAVE ACT-- REQUESTING AND USAGE OF-LEAVE (Formerly Side Letter 1) An employee who has been employed for twelve(12)consecutive months or who has worked 1,250 hours in the last twelve months is entitled to up to a total of twelve weeks of family medical leave in one calendar year. The leave shall be unpaid unless the employee elects to use accumulated paid leave. An employee must notify the personnel department, in writing, of their request for family medical leave, with a control copy to the division director, at least 30 days in advance;of the intended date upon which leave will commence and terminate,unless prevented by an emergency situation from giving that length of notice. The employee may be requested to provide a written medical certificate, within the time required under the law,to document that the employee is unable to perform essential job functions or the nature of the family illness. However, subject to medical documentation, an employee can certify that he/she is needed to care for the family member. Family medical leave may be requested and must be granted for the birth of a child or to care for a newborn child,or adoption of a foster child or for a serious illness of the employee,his or her spouse,child,including adopted or foster child, or parent. Serious illness is defined in accordance with the Family Medical Leave Act,29 CFR Sec. 825,114. Except for caring for a newborn or adopted child,when necessary,leave may be consecutive,intermittent or on a reduced hour schedule. In the event of pregnancy, family medical leave will begin on the date of birth of the child unless the employee opts to begin her leave on the date she is deemed disabled by her physician. NEPBA,Local 102(Communications Officers)7/1/19 to 6130/22 Page 24 When requesting family medical leave,the employee should state which type of accrued leave to be utilized. An employee on maternity leave, or on leave for personal illness, shall be allowed to use accrued sick leave for the duration, and may use any accrued personal and vacation leave if sick leave is exhausted,for a total of twelve weeks. An employee requesting accrued leave to care for a family member shall be approved to utilize accrued sick leave for the first 30 days, or six weeks, and shall be pro-rated one day of vacation or personal leave for each additional week of leave requested, The other four days may continue to be deducted from accrued sick leave. Usage of leave under EM.L.A, excludes application to sick leave banks. The Town of North.Andover will continue the employee's health benefits coverage during leave. The employee will continue to accrue holiday, vacation and sick leave credits during paid leave. In the event that the employee exhausts all accrued leave,there will be no further accrual of holiday, sick or vacation leave, Seniority,however,will accrue during the term of the leave, An employee taking such leave is entitled to be restored to the position held by the employee when the leave commenced, and will be entitled to any other benefits the employee would have accrued had he/she not taken family leave, The Town may designate extended leave as Family Medical Leave, when appropriate. ADOPTED: North Andover Board of S'electnmen,.Tune 30, 1997. ARTICLE XXXXH— SOB DESCRIPTIONS (Formerly Side Letter 2) i 1. LEAD COMMUNICATIONS OFFICER The Lead Communications Officer position will perform the following duties: Ensure Open Shifts Are Filled—The approval of time off shall be the responsibility of the Lead Communications Officer,with oversight responsibility by the Administrative Services Director. Once time off has been approved,the Lead Communications Officer shall have the responsibility to ensure all open shifts are filled and appropriate entry made in the"On Duty" system. Ensure On-Line Programs Are Maintained—All informational updates for Blackboard Connect and Fire Department Burn Permit Log shall be submitted to the Lead Communications Officer, The Lead Communications Officer shall ensure the information is entered into the system. Ensure Documents Necessary For The Communications Center Are Maintained----All informational updates for the Communications Center must be maintained on a timely basis. The Lead Communications Officer shall ensure this information is updated in departmental records. These records are maintained in computer and paper systems and include, but are not limited to, such things as telephone numbers, dog licenses, listings, business contacts,pass down book,tow log,fire hydrant information, alarm panel information,fire department call back information,master cards,EMD Q&A reports, etc. NEPBA,Local 102(Communications Officers)7/1/19 to 6/30122 Page 25 Ensure Communications Officers Ke t Current On CJIS Information—The CJIS Representative and Backup Representative beep communications officers informed on what takes place during the CJIS Regional Working Group Meetings. Our CJIS Representative is the Lead Communications Officer and shall create meeting notes to update communications officers and Division Commanders/Director of the information contained in these meetings. The Lead Communications Officer shall ensure information fiom the CJIS system is reviewed on a daily basis and appropriate items are passed on to communications officers and Division Commanders/Director. Ensure Equipment Repairs—The Lead Communications Officer shall ensure the Communications Center is maintained in working order. All problems shall be reported to the Administrative Services Director who will advise how to proceed in making arrangements for repairs. Ensure Cleanliness Of The Communications Center—The Lead Communications Officer shall ensure the Communications Center is kept in a neat and orderly fashion at all times,to include cleaning of surfaces and equipment. Ensure Recording Tapes Are Made—The Department receives requests for copies of radio transmissions and telephone conversations from the court, attorneys and private citizens, The Lead Communications Officer shall ensure these tapes are made and provided on a timely basis as directed by the Administrative Services Director. The Director shall be kept informed of all requests, so appropriate billing can be initiate if required. Ensure Proper Daily Operation-The Lead Communications Officer shall oversee the daily operation of the communications center and performance of Communications Officers to insure complete compliance to departmental policies and procedures. Ensure Operational Proficiencies—The Lead Communications Officer shall ensure proper direction,training, scheduling, and monitoring of work flow to provide quality, efficiency and speed of emergency dispatching. Ensure Policies Are Up To Date—The Lead Communications Officer shall aid in the development of new policy and procedures and assist with the modifying of existing policies when required for ensure maximum efficiency and effectiveness within the Dispatch Center. Ensure Communications Center Computer Software Updated--The Lead Communications Officer shall ensure all communications center software is current and up to date by serving as a liaison to Town IT Department Representatives. Other Duties And Responsibilities As Assigned--From time to time the Administrative Services Director will have special projects and need assistance with DispatchCenter issues. The Lead Communications Officer shall have the responsibility to assist with these projects and issues as needed. NEPBA,Local 102(Communications Officers)7/l/19 to 6/30/22 Page 26 2. COMMUNICATIONS OFFICER SUMMARY Communications Officers are responsible for coordinating a prompt and efficient response to requests for police services by the efficient and diligent manner in which they dispatch messages to field units. The Communications Officer has primary responsibility for the initial deployment of personnel and equipment,subject to the provisions of the applicable written directives. By following established procedures and employing common sense,he/she provides aid and support to the personnel of the Police Department by ensuring that messages are relayed in a clear, concise and timely manner, He/she shall maintain accurate and uniform documentation of all dispatched activity through proper utilization of the Computer Aided Dispatch(CAD)system,and shall be fully familiar with the procedures for all other data recording and entry responsibilities assigned to the Communications Section. The Communications Officer maintains and retrieves records,files, and information for prompt dissemination to patrol units and departmental personnel. Communications Officers work under the direct supervision of the Officer-in-Charge of the shift and under the general supervision and control of the Director of Administrative Services Division. Comrunications Officers shall successfully complete a background investigation and CiIS training,testing, and certification, in accordance with CHSB regulations. DUTIES AND RESPONSIBILITIES 1. Be thoroughly familiar with the department's procedures relating to the use of the telephone,radio and other communications equipment. 2. Answer all incoming telephone calls promptly and appropriately and assist all callers in a calm, courteous,and professional manner. When multiple telephone calls are received, service them using a priority based on the nature and severity of the requested service. 3, Receive and process all Emergency 9-1-1 telephone calls; dispatch appropriate response units; and transfer to other appropriate agencies those calls that fall more appropriately within their jurisdiction or the services they provide. 4. Obtain all necessary information from telephone callers,identify the caller, and obtain call back telephone numbers whenever possible. If necessary and possible,keep callers on the line when their continued assistance would be beneficial to personnel responding to an incident or call for service. 5, Be familiar with emergency procedures that relate to matters requiting urgent police and fire attention so as to be capable of activating them immediately. 6. Dispatch all police personnel to calls for service, as needed. Conduct all radio transmissions according to the rules of the Federal Communications Commission and the established procedures of the Police Department. Dispatch all necessary personnel and equipment according to the nature and severity of the calls for service, N,EPBA,Local 102(Communications Officers)7/1/19 to 6/30/22 Page 27 i 7. Acquire a thorough knowledge of the location and layout of streets,buildings, parks, housing areas and any other significant areas of the community so as to maximize the accuracy and speed of dispatch, 8. Maintain constant and diligent monitoring of the communications and CAD system and immediately respond to all requests for assistance or service from field units. 9. Completely and properly record all calls for service in the CAD system using proper codes. 10. Maintain and update the CAD system status screen, indicating the availability of police units. 11.Become and remain familiar with the procedures for computer operation, data entry,data retrieval, and data modification capabilities, for the in-house and.LEAPS computer systems. 12. Respond to police requests for information concerning warrants,missing persons, stolen motor vehicles,motor vehicle listing, stolen property, domestic 209A orders, and other information. 13. Disseminate police information concerning wanted persons,stolen vehicles,missing persons and other police information as may be received by the LEAPS computer system, I telephone,radio or other means. 14. Keep personnel who have been dispatched on calls fully informed of all facts affecting � their safety and efficiency of their response to the call. 15. Inform the Officer-in-Charge of any unusual or serious occurrences that may develop concerning police personnel, incidents,or calls for service. Dorm the Officer-in-Charge of any deployment of police officers beyond their regularly assigned route or area. 16. Be responsible for monitoring the CHS computer system for incoming messages and monitoring the closed circuit television system in order to insure station security. 17. Enter:records including, but not limited to, all stolen vehicles,missing persons,warrants, Board of Probation checks, administrative messages, and articles(weapons, stolen property,etc.)when requested or in accordance with department policy. 18. Maintain equipment, especially the emergency call lines,in working order and immediately report any malfunction or defect to the appropriate authority. 19.Record all significant communications as required by departmental procedures. Maintain the departmental daily log ensuring an accurate recording of calls received or other significant events. NEPBA,Local 102(Communications Officers)W1119 to 6/30/22 Page 28 20.Maintain a log of all vehicles authorized to be towed by the department according to established procedures. Enter the information into the CAD and LEAPS computer systems when appropriate, 21.Render assistance to members of the general public who mare inquiries at the Police Station. When necessary,take telephone reports which may include recovered stolen motor vehicle reports, general information reports and other minor incidents when so directed by a supei visor. 22. Make telephone notifications to citizens and business owners regarding such matters as open doors to their business and homes,vandalism to their premises or vehicles, and/or to ask other questions regarding police related incidents and/or suspicious conditions. 23, Transfer all calls for personnel by proper use of the telephone system.. Always attempt to take and relay messages for individuals who axe not available to answer their telephone. 24.Properly reroute calls for service where the offense/incident occurred in another jurisdiction. 25.Perform other duties as may be assigned or required. SKILLS AND KNOWLEDGE 1. Sufficient knowledge of the principles involved in the operation of radio,telephone and related communications equipment to allow for the proper operation of these systems. Working knowledge of the operation and functions of department computer equipment, as well as the skills and abilities to operate this equipment under emergency circumstances. Knowledge of the street system and the geography of the North Andover area as well as the ability to direct individuals to locations within the community. Ability to speak clearly and concisely and to provide detailed � information/instructions to personnel/citizens under stressful circumstances, Possess emotional stability and the ability to work in a stressful,highly responsible environment. Ability to think and act quickly,calmly and accurately in an emergency situation. Ability to type accurately at a reasonable rate of speed, 2. Ability to develop,within a reasonable period of time, skill and speed in the operations of the communication's equipment and to demonstrate a knowledge of public safety practices and procedures. Ability to understand and follow complex oral and written instructions, Ability to keyboard and utilize standard computer equipment. Ability to utilize standard telephone systems. Ability to view monitoring equipment within the communications center. Knowledge of warrants of arrest and related items sufficient to allow for confirmation of wanted persons. Ability to sit for lengthy periods of time. NEPBA,Local 102(Conununica#ions Officers)7/1/19 to 6/30/22 Page 29 3, Knowledge of department records system. Knowledge,skills and abilities sufficient to prepare police reports. Ability to project confidence to the public. The ability to quickly and accurately evaluate situations and provide for the proper response or course of action. QUALIFICATIONS High school diploma or an equivalency certificate issued by the Massachusetts Department of Education. Experience dealing with and speaking to the public is required. Computer shills are essential, The successful completion of a background investigation is required. Candidates must have, or be able to obtain.,the following certifications: LEAPS/CJIS Terminal Operator,E-911, and APCO Basic Telecommunications, ARTICLE XXXXIII—PART-TIME COAEMI TNiCATIONS OFFICER 1 (Formerly Side Letter 3) Section 1, Cam hment of Part-time Staff The Town and the Union agree that the Town will hire between two (2)to four(4)part-time communications officers. Section 2. _HirinpProcess The process to hire part„time communications officers will be the same hiring process that is utilized for full time communications officers. Section 3, Minimum Requirements Part-time communications officers will possess the following minimum training requirements: Commonwealth of Massachusetts 9-1-1 Certification; CPR/AED; 40 Basic Telecommunicator Training Course; and - EMD Certification(Pre-Requisite: CPR&40 Basic Telecommunicator course). I Section 4. Required Shifts Part-time communications officers will work a minimum.of thirty-two (32)hours of work per month in order for the employee to stay proficient with the job functions. Section 5. Rate of Pay The Rate of Pay shall be$19.00 per hour. Section 6. Utilization.of Part-Time Communications Qfficers The part-time communications officers should be scheduled to work a minimum of thirty-two (32)hours per month. Once they have completed training,they will be counted as part of the staffing level for their scheduled shift. The part-time communications officer will be called to fill an open shift if no full-time communications officer takes the shift on overtime basis and it will be going to a mandatory shift. NEP13A,Local 102(Communications Officers)7/1/19 to 6/30/22 Page 30 If a full-time communications officer is out for four(4) consecutive shifts, a park time communications officer can be assigned to fill subsequent open shifts. If a full-time communications officer will be out for a long term scheduled sick,injury,FML, or extended period of time for any reason, a part time communications officer can be assigned to fill the vacant shims. ARTICLE XXXXIV—ACCREDITATION STIPEND In consideration of the North Andover Police Department and Communications Center having and maintaining State Accreditation,the Town agrees to pay an annual stipend in the first payroll in the respective fiscal year. It is understood that such payments are contingent on the Department maintaining accreditation in accordance with applicable State standards. Payments shall be made as follows: Fiscal Year Stipend Amount FY2020 $375.00 P Y2021 $750.00 FY2022 $750,00 ARTICLE XXXXV— EXTRA DUTY ROAD DETAILS 1. Extra Ditty Road Details through the North Andover Police Department. North Andover Communications Officers ("Dispatchers")shall be eligible to be assigned to work North Andover Police Department Road Work Details ("road details")that do not require an armed officer or police cruiser. 2. Assignment,Pay and Scheduling Details. a. Road details for Dispatchers will be assigned and administered in accordance with the bargaining agreement between the Town of North Andover and the New England Police Benevolent Association(NEPBA) Local 2, Article ViII Compensation, Section 8. b. Dispatchers accepting road details shall be compensated at a rate equal to that paid detail rate and under the same terns and conditions as set forth in Section 8 of the NEPBA Local 2 contract. c. Communication Officers will not be eligible to work and/or shall not work a road detail in the following circumstances; i.Until he/she has completed 8 hours of work on their regular shift per North Andover Police policy section D chapter 31 pant 1.6 or were on unpaid leave, I If doing so prevents them from being held over to meet staffing requirements; and/or iii. If all open shifts are not filled inside the communication center; and NEPBA,Local 102(Communications Officers)7/l/19 to 6/30/22 Page 31 iv.No two communications officers that woriz the same scheduled shift will be allowed to take a detailed together on the same day. d. Communication center assignments,including mandatory shifts, shift overtime or other required Manning assignments take precedence over road details. e. The Police Chief or his designee shall determine whether a Dispatcher meets the above requirements for a road detail assignment. 3. Road Detail Uniform. Dispatchers shall wear road detail uniforms that are compliant with the North Andover Police Uniform Policy for road details, 4. Road Detail Training. Prior to being eligible for a road detail, all Dispatchers shall complete a Training Program at their own expense and without any compensation fronn the Town and at a time that does not cause any overtime expense to the Police Department. The curriculum will be based on the Uniform.Traffic Control Devices Regulations. Said Training Program will not exceed four(4) hours in length and shall be offered within the borders of North Andover. The initial Training Program will be offered twice within the first thirty(30) days of the execution of this Side Letter of Agreement and once per quarter thereafter as needed. Remainder of this page intentionally blank NEP13A,Local 102(Communications Of eers)7/1/19 to 6/30/22 Page 32 ARTICLE XXXXVI--DURATION OF AGREEMENT Section 1, Effective Date This Agreement shall be effective July 1, 2019 and shall remain in full force and effect until June 20, 2022. If funds are needed to implement any provision of this Agreement, then the Agreement shall be of no force or effect unless or until said funds are duly appropriated by the Town Meeting. Section 2. Continuation Clause In the event a new contract is not signed by June 30, 2022, the present contract shall continue in full force and effect until a new one is signed. Executed this day of July,2019. TO OF NORTH ANDOVER: NE FBA al Lyne Ayvage atthew Breeden Acting Town Manager Pres` NEPBA Denise Y. Case Marc o Deputy Town Lager Vice Presiden EPBA BOARD OF SELECTMEN: Ch aff- -- P e of gero 'stophex No �le .►-Pit. sema onnelly S dile Richard M. Vaillancourt NEPBA,Local 102(Communications Officers)7/1/19 to 6/30122 Page 33