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HomeMy WebLinkAbout7/1/2021 - 6/30/2024 AGREEMENT BETWEEN TOWN OF NORTH ANDOVER AND NORTH ANDOVER POLICE LIEUTENANTS REMOVAL FROM CIVIL SERVICE EFFECTIVE JULY 11 2021 to JUNE 30, 2024 TABLE OF CONTENTS ARTICLE 1: RECOGNITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 2: EMPLOYEE RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 3: PRESERVATION OF RIGHTS . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 4: MANAGEMENT RIGHTS. . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 5: GRIEVANCE PROCEDURE &ARBITRATION. . . . . . . . 4 ARTICLE 6: UNION BUSINESS LEAVE . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 7: SALARY SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 8: WORK SCHEDULE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 9: STEP RATE INCREASE . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE 10: NIGHT DIFFERENTIAL . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE 11: LONGEVITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE 12: ACCREDITATION STIPEND . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 13: EDUCATION INCENTIVE . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 14: OVERTIME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE 15: OUTSIDE DETAILS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE 16: STRIKE DETAILS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ARTICLE 17: COURT APPEARANCES. . . . . . . . . . . . . . . . . . . . . . . . . . 12 ARTICLE 18: HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE 19: PERSONAL DAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ARTICLE 20: VACATION LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ARTICLE 21: SICK LEAVE . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . 15 ARTICLE 22: BEREAVEMENT LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . 17 ARTICLE 23: TERMINAL LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 ARTICLE 24: INJURY LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 ARTICLE 25: UNIFORM ALLOWANCE . . . . . . . . . . . . . . . . . . . . . . . . . 19 ARTICLE 26: LIABILITY INSURANCE. . . . . . . . . . . . . . . . . . . . . . . . . . 19 ARTICLE 27: ADMINISTRATIVE ASSIGNMENTS . . . . . . . . . . . . . . . . 19 ARTICLE 28: WORKING CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . 20 ARTICLE 29: LEAVE OF ABSENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 ARTICLE 30: FIREARMS PERMITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 ARTICLE 31: WEAPONS PROFICIENCY . . . . . . . . . . . . . . . . . . . . . . . . 21 ARTICLE 32: DEFIBRILLATION PROFICIENCY. . . . . . . . . . . . . . . . . . 21 ARTICLE 33: SUPPLEMENTAL LONGEVITY INCENTIVE . . . . . . . . .22 ARTICLE 34: MILITARY LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 ARTICLE 35: LIMITED DUTY ASSIGNMENT - MATERNITY. . . . . . .23 ARTICLE 36: UNION DUES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 ARTICLE 37: SHIFT SWAPS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 ARTICLE 38: FAMILY AND MEDICAL LEAVE ACT. . . . . . . . . . . . . . 24 ARTICLE 39: RESIDENCY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 ARTICLE 40: DURATION OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . 26 APPENDIX 1: NOTICE OF ELECTION TO PARTICIPATE IN THE SUPPLEMENTAL LONGEVITY INCENTIVE. . . . . . . . . 27 Police Lieutenants Agreement 7/l/21 to 6/30/24 Page 2 ARTICLE 1: RECOGNITION Section A. Lieutenants Recognition 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. Section B. Good Faith Clause 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. Section C. Union Recognition The Town of North Andover recognizes the North Andover Police Lieutenants, hereafter referred to as the Union, 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 Union agree not to discriminate against employees covered by this agreement due to membership or non-membership in the Union. Section D. Bargaining Unit Description The unit to which this agreement is applicable consists of all full time sworn police officers with rank of Lieutenant and specifically excludes patrol officers, sergeants, chief, executive officer, special police officers, reserve police officers, auxiliary officers, community service officer and all civilian employees of the police department. Section E. Anti-discrimination Clause The Municipal employer, Police Chief and the Union agree not to discriminate in any way against employees covered by this agreement because of race, religion, creed, color, national origin, sex or age. ARTICLE 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. ARTICLE 3: PRESERVATION OF RIGHTS The Town of North Andover agrees that all rights and privileges previously and currently enjoyed by the Lieutenants will remain in effect unless specifically abridged or modified by the contract agreement. ARTICLE 4: MANAGEMENT RIGHTS Except as expressly limited by provision of this Agreement or by statute, the Union recognizes that all of the functions, rights, powers,responsibilities and authority of the Town in regard to the operation of its work and business and the direction of its work force are, and shall remain, exclusively of the Town. Police Lieutenants Agreement 7/1/21 to 6/30/24 Page 3 ARTICLE 5: GRIEVANCE PROCEDURE AND ARBITRATION Section A: Definition Any complaint, dispute or controversy of any kind which arises between one or more employees and the Town of North Andover or its agents shall be processed at 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. Section B: Grievance Steps 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 Article. Time limits may be waived or extended by agreement in writing by both parties. An aggrieved employee(s) may have a union representative at and participating in any level of the following procedures: Step 1. The employee shall submit his/her grievance in writing to the Union who shall determine justification for the complaint. In making such determination, the Union may discuss the grievance with the employee's immediate supervisor. Step 2. If the grievance is unresolved, the Union shall submit the grievance in writing to the Chief setting forth the nature of the grievance. The Chief shall have fifteen (15) days, exclusive of Saturday and Sunday, to answer the grievance. Step 3. If the Union is not satisfied with the Chief s decision the grievance shall be appealed in writing within ten (10) days to the Town Manager. Step 4. If the grievance is not resolved at step 3,the Union and only the Union,may within fifteen(15) calendar days after the reply of the Town manager is due, submit the grievance to arbitration by sending a letter to the American Arbitration Association with a letter to the Town Manager. The arbitrator shall be selected and the arbitration shall be conducted in accordance with the rules of the American Arbitration Association. Expenses for the arbitrator's services shall be shared equally by both parties. The arbitrator shall be without power to alter, amend, add to or subtract from the express language of the agreement. The decision of the arbitrator shall be final and binding on the parties. Money awards resulting from a decision of the arbitrator shall in no case be retroactive prior to the date of submission of the grievance in writing to the Union. A grievance shall be deemed waived unless presented to the next higher step within the time limits so provided unless such time limits for filing a grievance are extended by mutual agreement of the parties. "Calendar" days as used in this Article shall not include Saturday or Sunday for purposes of the time limits under the grievance procedure. Police Lieutenants Agreement 7/1/21 to 6/30/24 Page 4 The Union shall be allowed access at all reasonable times to Town property and records relevant for the purposes of investigating a grievance. ARTICLE 6: UNION BUSINESS LEAVE The Employer agrees to provide time off,without loss of compensation or benefit, for up to a total of two (2) days (unit wide) for members of the Union to conduct legitimate Union business. Such leave shall be subject to reasonable notice and subject to operational requirements of the Department as determined by the Chief. ARTICLE 7: SALARY SCHEDULE Section A. Compensation Lieutenants shall receive compensation per the below schedule: Fiscal Year 2022 1.5% Fiscal Year 2023 1.5% Fiscal Year 2024 2.0% July 1,2021 FY2022 COLA Min IStep II Step III I Max 1.015 Annual $73,682.42 1 $78,539.11 $84,144.09 1 $88,856.81 July 1,2022 FY2023 COLA V VI VII VIII Min Step II Step III Max 10 yrs 15 yrs 20 yrs 25+yrs 1.015 Annual $74,787.66 $79,717.19 $85,406.25 $90,189.67 $92,444.41 $94,755.52 $ 97,124.41 $ 99,552.52 1.025 July 1,2023 FY2024 COLA V VI VII VIII Min Step II Step III Max 10 yrs 15 yrs 20 yrs 25+yrs 1.02 Annual $76,283.41 $81,311.54 $87,114.38 $92,444.41 $94,755.52 $97,124.41 $ 99,552.52 $102,041.33 1.025 ARTICLE 8: WORK SCHEDULE Section A. Work Weep Employees shall work a so-called "4 and 2" work schedule consisting of four(4) consecutive days (or nights), on duty followed by two (2) consecutive days (or nights), off duty under a six-week rotating schedule. Section B. Work Day The regular workday shall consist of eight and one-half (8.5) hours including fifteen (15)minutes before the scheduled shift starting time and(15) minutes following the scheduled shift ending time. No overtime shall be incurred as a result of these fifteen minute periods before and after the scheduled shift notwithstanding any provision to the contrary in this Agreement. Section C. Hourly Rate Computation The hourly rate shall be computed by dividing the annual salary, as specified in the Salary Schedule, by 2065.5 hours (8.5 hours x 243 days). Police Lieutenants Agreement 7/1/21 to 6/30/24 Page 5 Section D. Administrative Schedule Notwithstanding the foregoing provisions and to the contrary, the Police Chief reserves the right to assign employees in administrative and specialist positions to a five (5) consecutive day schedule where said schedule is determined by the Chief to best serve the Town. In such cases, the employees working the 5-day work schedule shall receive two (2) consecutive days off and, in addition, shall in each calendar year, receive eighteen (18) compensatory days off. These additional days will be credited based on 1'/2 days for each month of service on this schedule. Section E. Bi-Weekly Pay Bi-weekly pay will be computed by dividing the yearly salary by 26. In any event, Lieutenants' total base pay will be equal to the yearly rates established in the Salary Schedule of this contract. Section F. Overtime Computation In accordance with Federal and State Wage Laws,longevity, differentials and incentive pay will be computed into the overtime rate. The overtime rate of pay shall be one and one-half(1.5)times the hourly rate including longevity,differentials and incentive pay. Section G. Retirement Pay In accordance with all Federal, State and Essex Regional Retirement System regulations, rules, regulations and procedures, the following payments will be treated as base pay which will computed as compensation for pension and retirement purposes: straight time, education incentive, holiday pay, sick pay, vacation pay, longevity pay and differential pay. ARTICLE 9: STEP RATE INCREASE Section A. Step Rates Any Lieutenant with continuous full-time employment shall receive the increment between his/her present rate and the next highest rate as follows: 1. After completion of six (6) months at the minimum or entrance rate. 2. Thereafter one year from the date of his/her previous increase until he attains the maximum rate of the range of the compensation grade to which his/her position class is assigned. 3. The increase in rate which this increment represents must be recommended by the Chief of Police and approved by the Town Manager. 4. The increase shall be based on performance of the employee during the preceding six (6)month or twelve (12) month period and not solely on length of service. Section B. Right of Appeal 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. Police Lieutenants Agreement 7/1/21 to 6/30/24 Page 6 Section C. Right to Reconsideration 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. Section D. Promotion Increase 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/her existing rate. If the resulting adjustment does not equal $100.00 per year, the adjustment shall be to the second rate above the existing rate but within the compensation grade of the vacant or new position. Section E. Entrance to Higher Rate 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. ARTICLE 10: NIGHT DIFFERENTIAL Lieutenants regularly assigned to work the early night shift shall be paid a differential payable weekly and computed on their regular weekly salary. Employees regularly assigned to work the late night shift shall be paid a differential payable in the same manner. Said night shift differentials shall be payable separate and apart from the base pay but shall be included in overtime pay and shall not be paid to employees on sick leave or injured leave. Any lieutenant receiving night differential shall not be eligible to receive division commander differential. Effective July 1,2020, both the early night shift differential and the late night shift differential shall be 8.0%. ARTICLE 11: LONGEVITY Section A. Payment Schedule A Lieutenant who has been in continuous full-time employment shall be paid, in addition to the compensation received under the present plan, an annual increment determined as follows: Length of Service 7/1/21 7/1/22 7/1/23 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 Section B. Eligibility Lieutenants will become eligible for longevity increments on the 5th, 1 Oth, 15th, 20th and 25th anniversary date of his/her employment. Section C. Re-employment 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 Police Lieutenants Agreement 7/1/21 to 6/30/24 Page 7 new five year period of continuous full-time employment has been served, except for authorized leave of absence (see Article 31). Section D. Interrupted Service 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. Section E. Base Pay Inclusion 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. ARTICLE 12: ACCREDITATION STIPEND In consideration of the North Andover Police Department having and maintaining State Accreditation,the Town agrees to pay an annual stipend to all lieutenants of$1,000 payable in the first payroll of the respective fiscal year. It is understood that such payments are contingent on the Department maintaining accreditation in accordance with applicable state standards. ARTICLE 13: EDUCATION INCENTIVE Section A. Education Incentive Employee shall be entitled to an Education Incentive payment based on the educational degree attained as below: Associates Degree 10% Bachelor's Degree 20% Master's Degree 25% Educational Incentive Pay is added to the base pay as part of the base wage rate. A. The intent of the education incentive is to attract and reward employees who have attained a degree that emphasizes critical thinking skills, as well as oral and written communication. Accreditation for the purposes of the colleges and universities granting the degrees for which compensation will be paid shall mean accreditation by the New England Association of Schools and Colleges (NEASC) or an equivalent regional accrediting agency in another region. Programs granting degrees recognized for the purposes of this Article must be reasonably rigorous, and programs delivering content primarily through on-line methods may be scrutinized to a greater extent, as will programs granting credits for"life experience." B. The Town shall develop policy as necessary to implement this Article of the agreement in consultation with a committee of department members representing a cross section of the department in terms of rank and assignment, and including one or more members designated by the Union. The policy will guide the interpretation of this provision of the agreement as it relates to the type of degrees that are deemed to be related to law enforcement for the Police Lieutenants Agreement 7/1/21 to 6/30/24 Page 8 purpose of the Associates Degree, the types of degrees that can qualify for the Bachelor's Degree stipend, the colleges and programs that will be acceptable, and the procedure for notifying the Town of a degree and the proof required. In the event of a disagreement regarding the policy, the matter will be submitted to the Town Manager for final determination. The Town and Union recognize the following degrees as benchmark degrees that may qualify for the Education Incentive: • Criminal Justice/Criminology; • Emergency Management; • Public Administration; • Business Management/Administration; • Computer Science; • Political Science/Government; • Sociology; • Psychology; • Law; • Public Policy; • Biochemistry(forensic science); • Homeland Security; • International Relations/Foreign Policy; • Linguistics/English/Foreign Languages; • Communications; • Education; • Engineering; and • Health Sciences/Technology. Programs granting degrees recognized for the purposes of this Article must be reasonably rigorous, and programs delivering content primarily through on-line methods may be scrutinized to a greater extent, as will programs granting credits for"life experience." Employees who do not possess a degree listed above, but want to petition the Town Manager for consideration of Education Incentive must provide the following: 1. Transcripts from the accredited College(s) or University(ies); 2. Syllabi from the course(s) that are applicable to police work; and 3. Letter to the Town Manager explaining the relevance of the courses to police work. Section B. Tuition Reimbursement Any Lieutenant who has completed five (5) full years of service shall receive educational reimbursement for all courses, certifications, diplomas and degrees taken by the individual Lieutenant that will advance his/her administrative, management and police skills within the Department. Conditions for reimbursement will be as follows: 1. Reimbursement will be provided, in accordance with provisions of this Article, provided the employee receives an advanced favorable recommendation by the Police Lieutenants Agreement 7/1/21 to 6/30/24 Page 9 Chief of Police and approval by the Town Manager, subject to the appropriation of funds. 2. Course must be offered outside normal working hours. Hardship cases may be discussed with approving authority in paragraph 1. 3. Course contents must be job-related and approved. 4. Course cost must be approved in advance. 5. Educational reimbursement of 100% will be made for registration fees, books and tuition based on passing grade of C or better. 6. Grade and payment certification is required before reimbursement. 7. Employee will be obligated to remain in the Town employment for six months after completion of the course, or full reimbursement for the last courses will be deducted from final paycheck at time of termination. ARTICLE 14: OVERTIME Section A. Rate of Pay 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/her designee, and shall be paid at the rate of time and one-half of the regular rate of pay. 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. Section B. Mandatory Call-in All mandatory call-in shifts for all officers will be paid at time and one half for a minimum shift of four(4) hours. Section C. No Forced Overtime No Lieutenant shall be forced to work overtime except in the case of a declared emergency as determined by the Chief or his/her designee Section D. Assignment of Overtime The Chief of Police maintains the right to assign overtime in accordance with the needs of the Department,however,every effort should be made to distribute overtime evenly among all Lieutenants. Section E. Overtime for Lieutenants and Sergeants If an overtime shift is created due to a Lieutenant's absence, Lieutenants will be offered the overtime shift first. If no Lieutenant accepts the overtime assignment, it will be offered to Sergeants. If an overtime shift is created due to a Sergeant's absence, and no Sergeant accepts the overtime assignment, it will be offered to Lieutenants. The parties agree that this is contingent on reaching an agreement with NEPBA Local 213, since this would historically be their bargaining unit work. Police Lieutenants Agreement 7/1/21 to 6/30/24 Page 10 ARTICLE 15: OUTSIDE DETAILS Section A. Rate of Pay 1. All details shall be assigned by the Chief of Police or designee. All details shall be paid at the following rate: Effective with the signing of the agreement: Public Detail Rate Weekday- $56/hr. Private Detail Rate Weekday- $60/hr. Town Meeting- $72/hr. Private Detail Rate Weekends/Nights - $90/hr. Private Detail Rate Holidays - $120/hr. Public Detail Rate Weekends/Nights - $84/hr. Public Detail Rate Holidays - $112/hr. Strike/Labor/Work Stoppages - $120/hr. Merrimack College is considered a private detail and subject to the applicable rate. Alcohol Served Detail -No different from the Private Detail Rates. Details Beyond 8 hours - Paid at time and a half(1.5) of the applicable rate. Night details are those details that start at or after 6:00 pm through 6:00 am. Municipal Details are defined as those details that are paid directly by the Town of North Andover (or any of its departments) or are paid by a contractor/vendor who is paid by the Town of North Andover(or any of its departments). All details will be a four (4) hour minimum. Details in excess of four (4) hours in length will be paid for eight (8)hours. Details in excess of eight(8)hours will be paid at the rate of time and one-half the detail rate rounded up to the next hour. Section B. Command of Detail When a detail of four (4) 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 one and one-half times the detail rate. Section C. Details in Other Communities The Police Department may approve requests to allow North Andover police officer to perform details in other communities. The Chief of Police, in consultation with the Town Manager, shall retain the ultimate discretion to determine whether out of town details may be performed and to determine in which town(s) such details may be performed. Officers will not be allowed to accept and perform details in other communities unless and until all details available within the Town of North Andover have been assigned. Section D. Distribution of Details The Lieutenants seek fair and equitable distribution of all outside details to every full-time sworn member of the Police Department. To this end, the Lieutenants recognize and accept the North Andover Police Union/Association's vote in June of Police Lieutenants Agreement 7/1/21 to 6/30/24 Page l 1 1991 to establish a seniority list that integrates Lieutenants for the purpose of distributing detail overtime based on length of full time service. Section E. MGL c41, §100 Any Lieutenant who performs a detail described in this Article shall be protected by MGL c41 §100, as amended. Section F. Donation of Time The Lieutenants reserve the right to donate their time to certain non-profit Town sponsored functions on a case by case basis. This section does not reduce or negate the provisions of MGL c41 §111F. Section G. Authority With the exception of the conditions of this Article, the Chief of Police or his/her designee maintains the authority to set outside detail policy,procedures and regulations. Section H. No Forced Work Except in emergencies declared by the Chief of Police, no Lieutenant will be forced to work details. ARTICLE 16: STRIKE DETAIL Lieutenants assigned to strike details will be compensated at the rate of$120/per hour, with a four hour minimum; over four hours to equal eight hours; over eight hours to equal twelve hours. ARTICLE 17: COURT APPEARANCES Section A. Court-time Compensation A Lieutenant who is in an off duty status or on vacation, or on a day off,who attends as a witness or in any capacity for, or on behalf of the Commonwealth, or the Town, in a criminal or other matter including civil, pending in any court of the Commonwealth, or before a Grand July proceeding, or in conference with a District Attorney, or Assistant District Attorney, or at any pre-trial court conference or any other related hearing or proceeding; or who is required or requested by any City, County, Town, State, or the Federal Government or subdivision or Agency, Board, Commission, Division, Authority, Tribunal or Official of the State or Federal Government or subdivision or agency of either such government, or in any other capacity for or on behalf of the government of the United States or the Commonwealth or town in a criminal or other matter including civil, pending in a federal district court or before a federal grand jury proceeding or a United States commissioner or in conference with the United States attorney or any federal court proceeding shall be entitled to and shall receive court-time compensation. Section B. Amount of Compensation Lieutenants assigned to appear in court shall be paid time and one-half for the amount of time in attendance with a minimum of four (4) hours. Overtime for this purpose shall be calculated to include payments under the education incentive. Section C. Witness Fees All witness fees received by a Lieutenant will be turned into the Chiefs office. Section D. Continuous Work If a Lieutenant is required to remain in court or at any proceeding, as outlined in Section A above, after 1:00 P.M. and who has worked a late night shift continuous Police Lieutenants Agreement 7/1/21 to 6/30/24 Page 12 to the aforementioned proceeding and is scheduled to work the early night shift within the same 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. Section E. Non-Criminal Hearings 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. ARTICLE 18: HOLIDAYS Section A. Paid Holidays The following days shall be recognized as paid holidays above and beyond the payment stated in the salary schedule of this contract: New Year's Day Independence Day Martin Luther King Day Labor Day Washington's Birthday Columbus Day Patriot's Day Veteran's Day Memorial Day Thanksgiving Day Juneteenth Christmas Day Section B. Holiday Compensation Options Employees may elect between the options by November 30th to be in effect for all holidays during the entire following calendar year. In the case of either option, it does not matter whether the employee is scheduled to work the holiday or not, and it does not matter whether the employee works the holiday or not. i. Holiday Pay: For each of the above listed holidays, the employee who selects this option shall receive, in addition to regular pay, 1/4 of his/her base weekly pay as holiday pay. ii. Time Off: The employee who selects this option will be entitled to twelve (12) days off, with pay, to be requested and approved in accordance with other time-off requests. Six(6) days off will be granted in the first six months of the calendar year, and six (6) days off will be granted in the second six months of the calendar year. The days off must be taken during the six-month period in which they were granted, and may not be carried over into a subsequent six-month period, or a subsequent calendar year. iii. Mixed Pay/Time Off. The employee may elect to be paid for six (6) holidays and receive six (6) days off, such days off to be requested and approved with other holiday requests. Payments shall be made as follows: three(3)holidays in the first bi-weekly payroll in June and three (3) holidays in the first bi-weekly payroll in December. The six (6) days' time off will be credited on January 1 and must be used during that calendar year. Police Lieutenants Agreement 7/1/21 to 6/30/24 Page l3 ARTICLE 19: PERSONAL DAYS Lieutenants shall be entitled to four (4) personal days per year, not deducted from sick time, and credited on January I st of each year. ARTICLE 20: VACATION LEAVE Section A. Vacation Eligibility A Lieutenant in continuous service for the Town of North Andover shall be granted vacation with pay on the following terms: 1. Any Lieutenant who has completed one year of service shall be entitled to two weeks of vacation with pay. 2. Any Lieutenant who has completed five years of service shall be entitled to three weeks of vacation with pay. 3. A Lieutenant who has completed ten years of service shall be entitled to four weeks of vacation with pay. 4. A Lieutenant who has completed fifteen years of service shall be entitled to five weeks vacation with pay. Effective January 1, 2023, the vacation year shall be January 1 to December 31. One week of vacation shall consist of five (5) workdays. An employee who is in a no-pay status shall cease accruing vacation leave. Section B. Death Benefit Upon the death of a Lieutenant who is eligible for vacation under these rules,payment shall be made to the estate of the deceased in the amount equal to the vacation year prior to the employee's death but which had not been granted. In addition,payment shall be made for that vacation allowance earned or would have been earned in the vacation year during which the employee died. Section C. Dismissal/Retirement Lieutenants who are eligible for vacation under these rules and whose services are terminated by dismissal through no fault or delinquency of their own, or by retirement, or by entrance into the armed forces, shall be paid an amount equal to the vacation year prior to such dismissal, retirement, or entrance into the armed forces. In addition, payment shall be made for that portion of the vacation allowances earned in the vacation year during which such dismissal,retirement, or entrance into the armed forces occurred up to the time of employee's separation from the payroll. Section D. Lieu of Sick Time Absences caused by sickness in excess of that authorized under the rules therefore, or for personal reasons as provided for under other leave may, at the discretion of the Chief of Police,be charged to vacation leave. Police Lieutenants Agreement 7/1/21 to 6/30/24 Page 14 Section E. Credit Date 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. Section F. Vacation Carryover Lieutenants may carry over into the next anniversary year no more than two (2) weeks of vacation, regardless of the amount of vacation accrued during a specific year. Section G. Granting Authority Vacation leave shall be granted at the discretion of the Town at times that best meet the operational requirements of the Department. Previously approved and scheduled vacation leave will not be changed in an arbitrary or capricious manner. Section H. Vacation Buyback In each eligible year, lieutenants with twenty or more years of service may buy-back one (1) week vacation by submitting a written request in the thirty (30) day period prior to the start of the respective eligible year. The vacation buy-back will be paid in the first payroll of the subsequent month. ARTICLE 21: SICK LEAVE Section A. Accumulation A Lieutenant in continuous service for the Town of North Andover who has completed six months of service shall be allowed six(6)days leave with pay and thereafter shall be allowed leave of one and one-quarter(1.25) days for each month of service, provided such leave is caused by sickness or injury or by exposure to contagious disease. An employee who is in a no-pay status, shall cease accruing sick leave. Section B. Unused Leave Lieutenants shall be credited with the unused portion of leave granted under Section A above. Section C. Additional Leave If the amount of leave credited provided under Sections A and B above has been or is about to be exhausted, a Lieutenant may make application of additional allowance to that provided in Section A. Such application shall be made to the Town Manager who is authorized to grant such additional allowance as he may determine to be equitable after reviewing all circumstances including the employee's attendance and performance record prior to conditions supporting his/her request for the additional allowance. Section D. Sick Time Use Sick leave must be authorized by the Chief of Police and must be reported, electronically on the department's software . Five (5) sick days, per calendar year, may be used for family illness. Section E. Physician's Certificate A physician's certificate of illness shall be submitted by the employee after four (4) days absence to the Chief of Police before leave is granted under the provisions of this Article. This certificate shall be forwarded by the Chief of Police to the Town Manager. Section F. Medical Examination The Town Manager may, of his/her own motion, require a medical examination of any Lieutenant who reports his/her inability to report for duty because of Police Lieutenants Agreement 7/1/21 to 6/30/24 Page 15 illness that has lasted longer than four days. This examination shall be at the expense of the Town by a physician appointed by the Town Manager. Section G. Restrictions Injury, illness or disability, self-imposed, shall not be considered a proper claim for leave under this section. Section H. Conflict Nothing in this section shall be construed to conflict with MGL c41, §100. Section L Attendance Incentive There shall be an attendance incentive system under which lieutenants with little or no sick leave used in a calendar year shall be granted additional days off, with pay. The attendance and number of days off granted shall be as follows: i. For zero (0) sick hours used, three (3) additional days off with pay; or ii. For eight(8) sick hours or less used, two (2) additional days off with pay; or iii. For more than eight(8) sick hours but for sixteen(16) sick hours or less used, one(1) additional day off with pay. Additional days off earned shall be taken in the following calendar year after which they are earned and shall not be carried over into a subsequent calendar year. Section J. Attendance Incentive There shall be an attendance incentive system under which officers with little or no sick leave in a calendar year can buy back sick days at their applicable daily rate under Article VIII, Section IA. Officers shall submit a written request to the Chief s Office no later than December 31 st to express their intent to participate in the Attendance Incentive. The attendance and buy back amounts shall be as follows: For zero (0) sick days used, five (5) sick days can be bought back; or For one (1) sick day used, four(4) sick days can be bought back; or For two (2) sick days used, three (3) sick days can be bought back. In calculating"sick days used",the following absences shall not count: (1)Up to two occurrences of sick leave of up to two days each, provided the employee submits a physician's note, with an original signature of the physician, certifying that the officer was examined and found to be ill, and the Chief approves this exception; and(2)for absences due to non-elective surgery of an injury compensable under this section 4 of this Article,provided the period of convalescence (beginning with the date of surgery) does not exceed six (6) weeks. Buy back payments under this section will be made in July of the year following the calendar year. Police Lieutenants Agreement 7/1/21 to 6/30/24 Page 16 ARTICLE 22: BEREAVEMENT LEAVE Paid bereavement 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 23: TERMINAL LEAVE Section A. A. An employee whose service is terminated by retirement or death 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 or deceased employee. i. Twenty-five(25)whole years of continuous full-time service shall be considered 100% service. H. An employee who qualifies for terminal leave shall be entitled to the same percentage that the number of years of service bears to the 100% service factor of 25 years, provided that in no case shall said leave be measured by more than 90 days accumulated sick leave, or eighteen work weeks, whichever is less. iii. In addition to the 90 days accumulated sick leave, or eighteen work weeks as provided above, an employee who has accumulated sick leave beyond 90 days shall receive 50% of such additional accumulated sick leave to a maximum of an additional 30 days. For example, an eligible retires with an accumulation of 150 sick days could receive 120 days: 90 days at 100%plus 60 days at 50%. iv. Notwithstanding any other provision of this section, new officers hired on or after July 1, 2012 shall not receive more than 25 days' pay as terminal leave. B. Eligible for retirement in accordance with the criteria, rules and regulations as set forward by the Essex Regional Retirement System. C. Employees promoted into the bargaining unit after January 1, 2006 shall be limited to a maximum terminal leave payment of 90 days of pay. Employees hired by the Town of North Andover after July 1, 2012 and subsequently promoted into the bargaining unit shall be limited to a maximum terminal leave payment of 25 days of pay. Section B. Treatment of Compensation Contrary to any other Section or subsection contained within this contract and in accordance with all Federal, State and Essex Regional Retirement System regulations, 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, education incentive, vacation pay, longevity pay and differential pay. Police Lieutenants Agreement 7/1/21 to 6/30/24 Page 17 Section C. Payment Schedule Terminal leave will be paid in accordance with the following formula: i. Terminal leave will be paid in full and prorated for the balance of the fiscal year in which a Lieutenant terminates his/her employment. ii. Payments will be made in increments equal to 1/12 of the total Terminal leave due. iii. Payments will be due on the first day of each month. In the event that a Lieutenant ends employment part way through the month,he will receive a full 1/12 increment upon his/her termination and will receive a successive 1/12 payment on the first day of the following month. iv. On July 1st of the next fiscal year, the full balance of terminal leave will be due and payable. v. If terminal leave is due to the death of a Lieutenant,his/her estate will have the option to waive the above formula and receive payment in full upon the date of death. Section D. Continued Health Insurance 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. ARTICLE 24: INJURY LEAVE Section A. Line of Duty Whenever a Lieutenant is incapacitated from duty because of an injury sustained in the performance of his/her duties, he shall be entitled to injury leave with full pay during the period in which he is unable to perform his/her duties or until such time as he has been accepted for retirement. Disputes concerning injury leave shall be resolved pursuant to MGL c41, §IIIF. Section B. Medical Expenses The Town shall provide and maintain insurance for the purpose of paying the hospital, medical, and surgical expenses incurred by an employee who is injured in the performance of his/her duties.Any uninsured expenses as previously outlined in Section A and within this item are the responsibility of the Town of North Andover. Section C. Sick Leave Accrual Lieutenants on I I IF leave shall continue to accumulate sick leave as described in Article 21: Sick Leave of this agreement. Credit and/or use of such accumulated sick leave shall be granted when the Lieutenant returns to full time duty. Section D. Vacation Accrual Lieutenants on I I IF leave shall accumulate vacation in accordance with the conditions outlined in Article 20: Vacation Leave. In addition,Lieutenants will be eligible to accrue and carry over vacation time in excess of the limit set the Vacation Leave Article. Credit and/or use of accumulated vacation time shall be granted upon return to full time duty. Police Lieutenants Agreement 7/1/21 to 6/30/24 Page 18 ARTICLE 25: UNIFORM ALLOWANCE Section A. Required Equipment 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. Section B. Allowance The Town of North Andover shall provide each Lieutenant a uniform allowance that will be available in full at the start of each new fiscal year. Each allotment must be spent by June 301h of the fiscal year that the allowance was granted. Payment will be included in the first bi-weekly paycheck issued in August of each year. Section C. Schedule The annual clothing allowance shall be $1,450. Section D. Departmental Specifications Expenditure of full uniform allowance shall not excuse any Lieutenant from maintaining his/her uniform in compliance with departmental specifications. Section E. Change in Uniform 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. Section F. Damaged Uniforms The Town of North Andover agrees to replace uniforms damaged or destroyed in the line of duty without cost to the employee. ARTICLE 26: LIABILITY INSURANCE The Town shall purchase and maintain a police professional liability insurance policy that will include all Lieutenants with limits established as follows: • $1,000,000 per person • $1,000,000 per occurrence • $1,000,000 in the aggregate for the year ARTICLE 27: ADMINISTRATIVE ASSIGNMENTS Section A. Division Commander Vehicle Lieutenants given the added responsibility of a division commander will be assigned a department vehicle at the discretion of the Chief of Police. Section B. Division Commander Differential Lieutenants given the added responsibility of a division commander will receive a differential of 9.0%based on the salary schedule of the contract. The differential will be computed and paid on a weekly basis and will be included as part of the computations for overtime and will also be treated as part of compensation for pension and retirement purposes. Effective July 1, 2022, the differential shall be 11.5%. Police Lieutenants Agreement 7/1/21 to 6/30/24 Page 19 ARTICLE 28: WORKING CONDITIONS Section A. Mutual Enforcement All parties to this agreement shall cooperate in the enforcement of safety rules and regulations. Complaints with respect to unsafe or unhealthy working conditions shall be brought to the attention of the Chief of Police and can become grounds for a grievance if left unacted upon. Section B. Vehicle Standards 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 manufacturers 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. Section C. Vehicle Insurance 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. Section D. Repair Work No Lieutenant will be compelled to do any emergency repairs on any vehicle or its equipment including the changing of flat tires. Section E. Professional Training Opportunities All Lieutenants will be offered command training courses, conferences, seminars, programs etc., as they become available through the Municipal Police Training Committee, Massachusetts Chiefs of Police, International Association of Chiefs of Police,United States 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. i. No out of state travel expense will be incurred by the Town. ii. Lieutenants will not suffer loss of vacation, compensation or personal time for the opportunity to attend said events. iii. 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/her 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. Section F. Command Training All newly appointed Lieutenants will be required to attend Command Training within six months of his/her appointment. Section G. Staff Meetings 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. Police Lieutenants Agreement 7/1/21 to 6/30/24 Page 20 ARTICLE 29: LEAVE OF ABSENCE Section A. Granting/Length The Town Manager or his/her designee may grant an employee's request for a leave of absence without pay for medical or other reasons. Such leave shall not exceed twelve (12) months without the express written permission of the Chief and the Town Manager. Section B. Request 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. Section C. Service Time 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. Section D. Continuation of Health Insurance 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. Section E. Return to Work/Pay 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. Section F. Denial Denial is not subject to grievance procedure. ARTICLE 30: FIREARMS PERMITS The Town shall pay for firearms permits issued and required under MGL c 140, §131. ARTICLE 31: WEAPONS PROFICIENCY Section A. Frequency In order to enhance the level of training and proficiency in the use of weapons,the parties agree that there shall be two weapons training sessions,lasting approximately four (4)hours, every year. One of the two training sessions shall also include a qualification test; the other session shall include such training as the Chief shall determine. Section B. Requirement Police Lieutenants shall also be subject to the enhanced weapons training requirements set forth in Section A above, but such lieutenants shall continue to receive overtime outside scheduled work hours. ARTICLE 32: DEFIBRILLATION PROFICIENCY Tn order to enhance the level of services provided to the public by police lieutenants as first responders, it is agreed that unit personnel will be required, as a condition of employment, to undergo and successfully complete training in the use of defibrillators, and thereafter maintain Police Lieutenants Agreement 7/1/21 to 6/30/24 Page 21 certification for such use in the course of their regular duties. The initial training shall be conducted outside scheduled work hours and compensated under Article 14. Subsequent training for re-certification shall be conducted during scheduled work hours, without additional compensation. ARTICLE 33: SUPPLEMENTAL LONGEVITY INCENTIVE Section A. An employee who has attained twenty-five(25)years of service as an employee of the Town of North Andover shall be eligible for the Supplemental Longevity Incentive ("SLI"). In order to be eligible to receive the SLI benefit, an employee must submit a completed and executed form, as set forth in Appendix 3 to this Agreement, on or before the last day of December immediately preceding the July 1st start of the fiscal year in which the employee intends to commence receipt of the SLI. Section B. An employee who satisfies both of the foregoing eligibility and notice requirements, shall commence receipt of the SLI as of the date in the next fiscal year specified in the election form (Appendix 3), and the employee thereafter shall remain a recipient of SLI for up to a consecutive three (3) year period, ending on the earlier of either the end of the consecutive three- year period or the separation date of the employee's employment with the North Andover Police Department. During this consecutive three-year period, the employee will continue to receive any regular longevity payment as specified in the collective bargaining agreement(Article 11, Section A). Section C. An employee who participates in the SLI shall be compensated in accordance with the following schedule: First Year SLI $1,000 Second Year SLI $1,000 Third Year SLI $1,000 The parties agree that these amounts are not cumulative. Section D. A decision to participate in the SLI is non-revocable and once an employee has completed participation in the SLI program, the employee shall no longer be eligible to receive any longevity payment pursuant to the collective bargaining agreement. The allowance paid under these provisions will be paid weekly and added to base pay; however such increase shall not be included in the overtime rate. ARTICLE 34: MILITARY LEAVE In accordance with MGL c33, §59(adopted by North Andover Special Town Meeting on April 27, 1955), an officer in the service of the armed forces of the commonwealth or a reserve component of the armed forces of the United States shall be entitled to receive pay during annual training under §60 or drills and parades under §61, up to thirty-four (34) days in any fiscal year and shall not lose any seniority or any accrued leave. Any officer scheduled to attend military training shall submit a copy of their military orders, if applicable, when they are issued prior to being approved for military leave. Police Lieutenants Agreement 7/1/21 to 6/30/24 Page 22 ARTICLE 35: LIMITED DUTY ASSIGNMENT -MATERNITY Section A. The purpose of this Article is to ensure that female officers who are pregnant will be fully utilized in a capacity that will not endanger the officer,the fetus, other officers, or the general public. This language is intended to extend to the officer the opportunity to have her assignment modified during the term of her pregnancy. The Department and the Union recognize that pregnancy is not a disability. Each pregnancy is different and pregnant officers have a right to be treated as individuals with decision about their ability to work based upon their individual pregnancy and their respective assignment. The parties further recognize that both state and federal law prohibit discrimination on the basis of pregnancy. Accordingly, the fact that an officer is pregnant shall not be cause for any involuntary change in her assignment. However, if it is determined that the officer is unable to perform the essential functions of the current assignment or is placing herself, or other officer's, or the public's safety in jeopardy, then the officer may be reassigned to a modified administrative duty assignment as outlined below. The parties further recognize that pregnancy is a personal and confidential matter. No officer shall be required to disclose she is pregnant. Any officer who does disclose her pregnancy shall be entitled to have all information relating to the pregnancy be confidential. Section B. The Department and the Union recognize that an officer may desire a change in duty assignment during their pregnancy due to concern for their safety and/or health. In addition, a pregnant officer may become medically unable to perform the essential functions of their assignment. Therefore,the Department will honor the request of any pregnant officer to be placed in a modified administrative duty assignment. The officer shall submit such a request in writing to the Police Chief, along with a written notification of pregnancy from a medical doctor, physician's assistant, or nurse practitioner. The officer will not be required to submit any further documentation to be moved to a modified administrative duty assignment. After a written request is received, the Department shall immediately assign the officer to a modified administrative duty assignment. Section C. The modified administrative duty assignment shall be the Police Chiefs decision and the workday shall be a Monday through Friday, 7:45 a.m. to 4:15 p.m. shift. The officer can continue to receive the same incentive(s) she was receiving prior to the reassignment or she can opt not to receive the incentive(s) and instead receive compensatory days in the same manner as other officers assigned to a 5 and 2 schedule. Section D. During the modified administrative duty assignment, the officer shall not wear the Department issued uniform nor shall she carry a weapon. The officer shall not be eligible for any overtime and/or details. The officer shall be exempted from qualification with her weapon and shall not be required to requalify until she resumes her full duty assignment. Section E. A pregnant officer shall be eligible to take accrued leave during her pregnancy and post-delivery. The officer shall be entitled to all benefits and rights under the Family Medical Leave Act(FMLA). Police Lieutenants Agreement 7/1/21 to 6/30/24 Page 23 ARTICLE 36: UNION DUES All employees covered by this Agreement who are not members of the Union may pay to the Union monthly an Agency Fee equal to, but not to exceed, monthly union dues. This provision shall be effective within (30) days after the date of execution of this Agreement. The treasurer of the Town of North Andover shall remit the aggregate amount to the treasurer of the Union along with a list of employees who have said agency fee deducted. ARTICLE 37: SHIFT SWAPS Shift swaps will be requested electronically via the Department's attendance software, signed by both officers, and submitted to the Chief or designee for approval. Once approved, the swapped shift becomes the responsibility of the officer who has swapped on it. That officer must appear for the shift or he/she will be docked the equivalent amount of pay. Officers who swap off a shift may not work for the Department during those shift hours (not including details) without the prior consent of the Police Chief. Lieutenants are limited to fifteen (15) shift swaps per calendar year. Decisions made by the Chief or designee shall be subject solely to the Step 3 grievance provisions of this Agreement. Shift swaps are only available to Shift Lieutenants. Division Commanders are not eligible for swaps. ARTICLE 38: FAMILY AND MEDICAL LEAVE ACT Section 1. An employee who has been employed for twelve (12) months and who has worked 1250 hours in the twelve (12) month period preceding the leave is entitled to up to a total of twelve (12) weeks of family medical leave in a twelve (12)month period for any qualifying reason. The twelve (12) month period is calculated as the twelve (12) month period measured forward from the date of the employee's first FMLA leave usage. The leave shall be unpaid unless the employee elects to use their accumulated paid leave. Section 2. The employee must notify the Human Resources Department, in writing, of their request for family medical leave, with a copy to the Chief of Police, at least thirty(30) calendar days in advance of the intended date upon which the leave will commence unless the need for leave is unforeseeable. The employee may be requested to provide a written medical certificate or other supporting documentation, within the time required under the FMLA, to document that the employee has a serious health condition or another qualifying reason for the leave. The Town may designate extended leave as FMLA where appropriate. Section 3. FMLA may be requested and must be granted for the birth or adoption of a child or for bonding with a newborn child, or for serious illness of the employee, or to care for an immediate family member with a serious health condition. The term, "immediate family member" is defined in accordance with the Family Medical Leave Act. The term, "serious health condition" is defined in accordance with the Family Medical Leave Act. In the event of pregnancy, family medical Police Lieutenants Agreement 7/1/21 to 6/30/24 Page 24 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. Section 4. When requesting family medical leave, the employee should state which type of their accrued leave is to be utilized. An employee on maternity leave, or on parental leave for the birth or adoption of a child, or for bonding with a newborn child, or on leave for personal illness, shall be allowed to use sick leave for the duration, or may use any combination of paid leave to cover their FMLA leave (i.e., sick, vacation, administrative days, or personal leave), for a total of twelve (12) weeks. An employee requesting accrued leave to care for a seriously ill family member shall be approved to utilize accrued sick leave for the first thirty(30) days, or six (6) weeks. For each additional week of leave thereafter, the employee shall utilize one (1) day of either vacation or personal leave and the remaining four days may continue to be deducted from accrued sick leave. Section 5. When necessary, leave can be taken consecutively, intermittently, or on a reduced hour schedule, except in the case of leave for bonding with a newborn child. In the case of bonding with a newborn child, the leave must be taken within one year of the child's birth and the leave must be taken in "blocks" of time as provided below: (a) Unless the leave is taken in a single block of twelve(12) consecutive weeks, a"block" of FMLA leave for this purpose shall be measured in two-week periods of leave in increments of two (2), four (4), six (6), eight (8), or ten(10) week blocks. (b) Employees who take a block of FMLA in less than twelve (12) consecutive weeks, must work the same number of weeks that they took for the block of time before taping subsequent FMLA leave. For example, if an employee takes a block of two (2) weeks, they need to work for two weeks before taking any subsequent blocks of leave. (c) While on FMLA leave, an employee's ability to work overtime shall be consistent with Police Department Policy. (d) Employees must submit a comprehensive FMLA leave schedule to the Chief of Policy at least thirty(30) calendar days in advance of the leave, unless there are extenuating circumstances. If any employee elects to terminate their FMLA leave early and they return to work, their FMLA intermittent leave entitlement ends for that particular leave request. (e) All blocks of intermittent FMLA leave must be taken within twelve (12) months following the birth of the newborn child. ARTICLE 39: RESIDENCY Article Pursuant to M.G.L. Chapter 31, Civil Service, Section 58, the Town of North Andover and North Andover Police Lieutenants Association may increase the ten (10) mile residency limit under a collective bargaining agreement negotiated under Chapter 150E. The Parties agree Police Lieutenants Agreement 7/1/21 to 6/30/24 Page 25 to increase the residency limit to any City or Town within fifteen (15) miles of any boundary of the Town of North Andover, inside or outside of the Commonwealth of Massachusetts. ARTICLE 40: DURATION OF AGREEMENT This Agreement covers the three-year period from July 1, 2021 through June 30, 2024.and shall be subject to funding of economic items by Town Meeting. This agreement shall remain in full force and effect until a successor agreement has been negotiated and takes effect. Executed this day of July 2022 NORTH ANDOVERPOLICE LIEUTENANTS TOWN OF NORTH ANDOVER Lieutenant Eric Foulds Melissa Murphy Rodrigues, Town Manager Lieutenant Daniel Lanen Denise Y. Casey Deputy Town Manager SELECT BOARD Laura Bates, Chairman Rosemary Connelly Smedile Richard M. Vaillancourt Chris Nobile Janice Phillips Police Lieutenants Agreement 7/1/21 to 6/30/24 Page 26 APPENDIX 1 TOWN OF NORTH ANDOVER POLICE DEPARTMENT NOTICE OF ELECTION TO PARTICIPATE IN THE SUPPLEMENTAL LONGEVITY INCENTIVE TO: Police Chief DATE: FROM: SUBJECT: Supplemental Longevity Incentive In accordance with Article , I hereby give notice of my election to participate in the Supplemental Longevity Incentive (SLI) for a consecutive three-year period commencing on (insert date). I understand that this election is irrevocable once executed and submitted to the Department and that, upon the conclusion of the consecutive three- year period my base salary shall revert to that provided by the collective bargaining agreement then in effect for non-SLI annual base salary applicable to my rank or position. I also understand that at the conclusion of the consecutive three-year period, I will no longer be eligible to receive any longevity payment pursuant to the collective bargaining agreement. The amount of money that I will be entitled to receive bi-weekly will be calculated by dividing the $1,000 that I am eligible to receive by 26 (the number of pay periods in a 12-month period). Although this bi-weekly amount will be added to my base salary, it will be excluded for purposes of calculating my overtime rate. I fully understand the terms and conditions as outlined in Article and of this election form, and I agree to be bound by all such terms and conditions. Signature Print Name cc: Town Manager Police Lieutenants Agreement 7/l/21 to 6/30/24 Page 27