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HomeMy WebLinkAbout7/1/2024 - 6/30/2027 Employment Contract Between The Town of North Andover and John Weir, Fire Chief This AGREEMENT is made pursuant to M.G.L., chapter 41, Section 108(0) as of July 15, 2024, by and between the Select Board of the Town of North Andover, hereinafter referred to as the BOARD, Melissa Murphy-Rodrigues, hereinafter referred to as the TOWN MANAGER, or their successors, and John Weir, hereinafter referred to as Mr. Weir and/or the FIRE. CHIEF, WHEREAS the BOARD,by affirmative vote on May 24, 2021 appointed Mr. Weir as the Town's FIRE CHIEF, WHEREAS the BOARD and the FIRE CHIEF desire to enter into a successor employment contract, WHEREAS the BOARD and Mr. Weir recognize Massachusetts General Laws Chapter 41, Section 108 (0) as the basis for negotiating this Contract, WHEREAS Mr. Weir is willing to undertake and perform the duties of said position according to the terms and conditions of this Contract; NOW, THEREFORE, the parties agree as follows: Article I: Functions and Duties of the FIRE CHIEF The FIRE CHIEF shall perform faithfully, to the best of his ability, the functions and duties of the FIRE CHIEF pursuant to M.G. L, Chapter 48, Section 42, and the Town of North Andover Fire Chief Job Description as outlined in Addendum A, and keep the TOWN MANAGER fully informed of the affairs of the FIRE department, and such other duties as the TOWN MANAGER OR BOARD may assign,unless otherwise modified by the Town Charter or this agreement. Article II: Term This AGREEMENT shall commence on July 1, 2024 and shall end on June 30, 2027. The AGREEMENT shall be for a term of three years subject to the terms laid out in this document. A.zticle III: Town Personnel Policy Unless otherwise modified by this agreement all provisions of the Town's Personnel Policy as currently written or as may be amended in the future shall apply to the position of FIRE CHIEF. Article 1V: Evaluation Annually the TOWN MANAGER and the FIRE CHIEF shall define the goals and objectives which they determine necessary for the proper operation of the FIRE Department and the attainment of the BOARD's policy objectives, and shall further establish a general priority 1 among those various goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limits specified and within the annual operating and capital budgets and appropriations provided by the Town and the events that have occurred during the year. The TOWN MANAGER shall review and evaluate the FIRE CHIEF annually. Said review and evaluation shall be based, in part, on the goals and objectives developed jointly by the TOWN MANAGER and the FIRE CHIEF. The results of the FIRE CHIEF's evaluation shall be used to determine any adjustment to the compensation of the FIRE CHIEF, subject to sufficient fiends being appropriated by Town Meeting for this purpose. Failure of the TOWN MANAGER to evaluate the FIRE CHIEF'S performance shall in no way prejudice the TOWN. ,Article_V. Compensation A. Commencing on July 1,2024, the FIRE CHIEF shall be paid an annual salary of$159,120. After the initial year of this contract and on each succeeding year of this Contract, the FIRE CHIEF shall receive at least the same percentage cost of living increase reflected in the collective bargaining agreement with the Local 2035 AFL-CIO. The FIRE CHIEF shall receive such merit increases or salary adjustments as may be made at the discretion of the Town Manager based on the FIRE CHIEF'S annual performance evaluation and subject to appropriation. B.EMT Stipend: The Chief shall receive the same percentage EMT stipend as reflected in the Local 2035 AFL-CIO collective bargaining agreement. C. Education: The Chief shall receive$6,300 in an Education stipend. D. Professional Membership, Development, Conferences: The Board recognizes and encourages the FIRE CHIEF to join professional organizations that are typically affiliated with being a Fire Chief. The Town agrees to budget and pay for professional dues and subscriptions of the FIRE CHIEF for such organizations. The Board also agrees that the FIRE CHIEF will be allowed to attend conferences, courses, institutes, and seminars that are necessary for his professional development subject to the approval of the Town Manager in advance. At the discretion of the Town Manager,the FIRE CHIEF may be reimbursed for any reasonable and proper expenses incurred while attending such events, subject to appropriation_ The maximum amount of money that the Town will pay per year for the total expenses associated with this paragraph shall be three thousand dollars ($3,000.00). Time away for meetings and conferences unrelated to Town business shall not exceed ten,(10) days per year without the prior approval of the Town,Manager. E. Injured on Duty Benefits: The Chief shall be eligible for injured on duty benefits as provided by Massachusetts General Law Chapter 41 Section I IF. At the Town's request, the Chief will Z attend and cooperate fully with an evaluation by a Town Physician to determine his eligibility for benefits under MGL Ch. 41 Section 111F or to otherwise determine his fitness for duty. F Vacation Buy-Back: The Chief may at his sole discretion receive cash payment for up to ten days of accumulated, but unused vacation leave per year. Said cash payment, if so elected, shall be payable in the first pay period of the calendar year following when the vacation leave was earned. G. Holiday pay: The Chief shall receive $7,766 in holiday pay. Article VI: Disci line or Discharge for Just Cause It is agreed that the FIRE CHIEF may be disciplined, discharged or not reappointed only for just cause, upon proper notice and only after a hearing before the Select Board at which the FIRE CHIEF shall have the right to be represented by counsel of his choosing. The term"proper notice" as it appears in this section means that written notice of the hearing must be given to the FIRE CHIEF at least ten(10) business days prior to the date of the hearing and must set forth the following: (i) the date, time and location of the hearing; (ii) the reason for the hearing; (iii) the charges alleged; and(iv) the range of discipline considered. The FIRE CHIEF shall have the option of choosing whether or not any such hearing shall be closed to the public or be held as an open or public hearing. The principles of progressive discipline will apply and the Town recognizes its obligation to provide the FIRE CHIEF with periodic performance evaluations. The FIRE CHIEF may appeal any decision of the Board to: (i) the district court wherein the FIRE CHIEF resides; or(ii) any superior court having jurisdiction. Each of the aforementioned courts shall have jurisdiction of any petition for writ of mandamus for reinstatement of the FIRE CHIEF if he alleges that he has been improperly suspended or discharged. Article VII: Indemnification To the extent provided by law, the Town agrees to defend, save harmless and indemnify the FIRE CHIEF against any claim, demand, suit or judgment, whether groundless or otherwise arising by reason of any act or omission, except any intentional violation of civil rights of any person, if such act or omission takes place when the FIRE CHIEF was acting within the scope of his official duties or employment_ The Town may compromise and settle any claim or suit for which the FIRE CHIEF is indemnified, and pay the amount of any settlement or judgment rendered thereon. This provision shall survive any termination of this agreement with respect to acts or omissions while serving as the FIRE CHIEF. The FIRE CHIEF agrees to promptly notify the Town of any such claim and to cooperate fully with Counsel designated by the Town to handle such claim. This section shall not obligate the Town to provide a defense, save harmless or indemnify the FIRE CHIEF if he fails to provide the Town with prompt and timely notice of a claim for which he seeks coverage under this section. 3 For purposes of this section, the FIRE CHIEF shall provide"prompt and timely notice of a claim"to the Town within ten(10) days of his receipt of such claim. Notwithstanding the above,no indemnification is available for any potential disciplinary hearing or disciplinary action by the Board of Selectmen and/or Town Manager.Further, the Town shag not indemnify the FIRE CHIEF in connection with any claim, complaint, demand or other legal action brought by the FIRE CHEF against the Town or any Town official, board or employee. Article VIII: Professional Liability Insurance The Town agrees to furnish at its own expense,professional liability insurance for the FIRE CHIEF with liability limits of not less than ONE MILLION($1,000,000.00) DOLLARS. Article IX: Automobile The Town shall provide a vehicle for use by the FIRE CHIEF and pay for all attendant operating and maintenance expenses and insurance. Said vehicle is to be used by the FIRE CLEF in connection with the performance of his/her duties as FIRE CHIEF, and for his/her professional growth and development. The vehicle may be used by the FIRE CHIEF for personal reasons, since the FIRE CHIEF is "on call"in the event of an emergency. The vehicle will not, however, be used for out-of-state vacations without the permission of the employer. Article X: Hours of Work A. The FIRE CHIEF shall devote that amount of time and energy reasonably necessary to faitbfally perform the duties of the FIRE CHIEF under this Contract. It is recognized that the FIRE CHIEF must devote a great deal of time outside normal office hours to conduct the business of the Town. The FIRE CHIEF,therefore, shall be allowed to alter his schedule as he deems appropriate during said normal office hours, and at such times that will least adversely impact Department operations provided that the FIRE CHIEF shall first give notice to the Town Manager. For the purposes of the Fair Labor and Standards Act, the FIRE CHIEF shall be an exempt employee. B. The Chief may accept teaching and other consulting engagements of a professional nature as he sees fit,provided that they do not interfere with the performance and discharge of his abilities. Any such engagements, activities or work shall be approved in advance by the Town Manager, whose approval shall not be reasonably delayed or withheld, and shall not be in violation of MGL. CH. 268A. C. The Chief shall be entitled to up to 18 paid days per year to be used for professional development or other educational opportunities, including but not limited to opportunities to instruct. The 18 paid days per year shall not be carried forward and shall not have any value upon separation or retirement. Article XI: Outside Employment 4 The FIRE CHIEF agrees that he will not engage in outside employment without the knowledge of and prior express approval of the Town Manager. The Fire Chief shall be entitled to Article XU. Resignation/Termination of Au eernent The FIRE CHIEF, may, at his option and by a minimum sixty(60) days written notice to the BOARD unilaterally terminate this agreement. The BOARD may, at its discretion, shorten or waive such requirement_ The FIRE CHIEF shall be eligible for payment of all accumulated vacation pay and terminal leave as provided for in the Personnel Policy. In the event the FIRE CHIEF is not reappointed or is otherwise terminated by the Town for any reason other than for just cause, or in the event the FIRE CHIEF resigns following a formal suggestion by the Town that he resign before the expiration of the then applicable term of employment, the Town agrees to pay the FIRE CHIEF a lump sum severance payment equal to the balance of any term of appointment but in no event less than.twelve (12)months' salary and benefits. Article=. No Reduction of Benefits The Town agrees that the Town shall not at any time during this Contract reduce the salary, compensation or other benefits of the FIRE CHIEF, except to the extent that such reduction is evenly applied across-the-board for all non-union department heads in the Town. Article XIIII, Death during EmRlloyment In the event that the Chief dies under the term of his employment, the Town shall pay to the Chief's estate all the compensation which would otherwise be payable to the Chief up to the date of the death, including but not limited to unused vacation days. Article XIIII: General Provisions A. Performance. The FIRE CHIEF shall fulfill all aspects of this AGREEMENT. Any exceptions thereto shall be by mutual agreement between the parties, in writing. B. Entire Agreement: This AGREEMENT embodies the whole agreement between the parties and there are no inducements,promises, terms, conditions, or obligations made or entered into by the parties other than those contained herein. The AGREEMENT may not be changed except by writing signed by the parties. C_ Invalidity: If any paragraph or part of this AGREEMENT is judged to be invalid, it shall not affect the remainder of said AGREEMENT,but said remainder shall be binding and effective against all parties. D. This AGREEMENT shall be governed by the laws of the Commonwealth of Massachusetts_ 5 Agreed to by: elect Board Fire Chief Bn che, Ch ' 3orlyweir Town Counsel: David Kres .I-Z-61, ' aps6mary elly Smedile ce Phillips Jib Laura Bate lvlelissa' urph -Rodrigues, Town Manager Date: 6