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HomeMy WebLinkAbout7/1/2024 - 6/30/2027 AGREEMENT BETWEEN THE TOWN OF NORTH ANDOVER AND NEW ENGLAND POLICE BENEVOLENT ASSOCIATION LOCAL2B POLICE SERGEANTS EFFECTIVE JULY I, 2024 through JUKE 30, 2027 TABLE OF CONTENTS AFTTICLE |: PREAMBLE.................. ........--..... ....... ....... -- ......... —4 ART|CLEU: RECOGNITION CLAUSE............ ... ..................... ..........--...........4 ARTICLE III: MANAGEMENT RIGHTS................... .......----.............................4 ARTICLE IV: UNION RIGHTS AND PR|V|LEDGES_--- ...... --...... ........_—. 5 ART|CLEV: NON-DISCRIMINATION................. —.... ....... ----------- 5 ARTICLE VI: SENIORITY ........................ ....... .......................................-----_ 5 SeDtion1: Seniority List .................. ....... ------ .......... ........... 5 Section2: Seniority Shift Bidding— .......----............. ...........—' 6 ART|CLEV1L PROMOTIONS ............. .......... ............... ...................................... ' 7 ART|CLEV1U: COMPENSATION................................................................. ............. 11 Seotion1: Salary Schedu|e ...................................................... ........ 12 Gection2: Step Rate Increase ............................................................ 14 Section 8: Night DiffeFential ..... ...... ....... ..........--- ............ — ... 15 Saotion4: Special Assignment Stipends............................................. 15 Section 5: Accreditation Stipend .... — ......... .... —......------- 1O SectionO: Supervisory Duty Stipend..... ........... ...............---- ... 15 Section 7: Longevity Increments .......................... ............................. 16 Section 8: Education Incentive Pay.... .............— .............. .......]7 Section 8: Overtime and Paid Details........ ..............................—.18 BecUon1O: Court Time ... .... ........................................... ................ 2O Section 11: Translation Pay.................................................... ........... 2D Section 12: Announced Retirement Pay....___...... .......................... 2U ARTICLE IX: WORK SCHEDULE...--......-------............------........- 21 ARTlCLEX: FRINGE BENEFITS......... ...........--------- .......... ........... ....22 Section 1: Holidays.............................................................................22 Section 2: Personal Days....................................... ...................23 Section 3: Time-Owed ......... ...... ----...—........ ......... ......... .......23 Section zk Vacation Leave .............. .................. .............................. 23 Section5: Sick Leave ......... ............ ..................................................25 Section G: Attendance Incentive......-----....... --.....___.......... 26 G8CbQn7: Sick Leave Bank .............................................. .................27 Section 8: Bereavement LeaVe ................... ....... ---------.. 28 Section S: Retiree Sick Leave Payout........................................... ..... 3S NEPBA Local 213Agreemen D7/O7/24 through O6/30/27 Page - Section 1O: Uniform Allowance ...—............ ........................................29 Section 11: Liability Insurance ............................................................ 3O Section 12: Leadership Training .....---....... ....................... .......... 30 Section T3: Volunteering.....................................................................3O ARTICLE XI: MILITARY LEAVE ... ..............-------- ................---.... -- 31 ARTICLE}O|: FAMILY AND MEDICAL LEAVE AND PARENTAL LEAVE................. 33 ART|CUE >QU: UNPAID LEAVE.................................................. ...—......--. 3O ART|CUEXK/ L|GHTDUTY-- .....— ...... ..................................................37 ART|CLEXV: LIMITED DUTY ASSIGNMENT— PREGNANCY............................ 39 ARTICLE X\/ : PERFORMANCE EVALUATIONS......................................................40 ARTICLE XV||: GRIEVANCE AND ARBITRATION PROCEDURE '-- ................ 4O ART|CLEX\/ U: DISCIPLINE AND DISCHARGE.............. ........ ....... ............... 42 ART|CLEXD(: STRIKES............... ............ ---- ................................... 42 ART|CLE>CX: UNION DUES...— ................ ........ ...................................... ..42 ARTICLE X{ : SHIFT SWAPS ............................... ..........---.... .............................43 ART]CLEXX||: INJURED {JN DUTY LEAVE.....................................---....— ...........43 ARTICLE XX|U: FIREARMS PERMITS ...---.............................................................44 ART|CLE >CXK/ WEAPONS PRQF|C|ENCY ..............................................................45 ART|CLEXX\/ DEFIBRILLATION PROFICIENCY......................................................45 ART|CLEXXVI: CANINE OFFICERS .............................................. ... ........... .......45 ARTICLE XX\/ |: STABILITY OF AGREEMENT ...................................................... .... 47 AFlT|CLEXXVU|: UNION BUSINESS LEAVE.................................................................47 ART|CLE )CX|)(: USE OFNAL{}XONE (NARCAN) .............. ...— ......... ......................4B ART|CLEX}CK: RESIDENCY................................................. ...... — ... —..................48 ART|CLEXXX|: DURATION (]F AGREEMENT..... ...................................................—48 ATTACHMENT .................................. ..... ........... ..............—...................................48 NEPBA Local 2B Agreement O701/24 through OB/ O/27 ARTICLE 1: PREAMBLE WHEREAS, the Union and the Town ascribe to, and recognize the mission and purpose and the Police Department is to provide quality law enforcement in an efficient manner; and WHEREAS, the individual members of the Union are to regard themselves as public employees, and are to be governed by the highest ideals of honor and integrity in all their public and personal conduct in order that they may merit the respect and confidence of the general public; and WHEREAS, the parties to this Agreement consider themselves mutually responsible to improve the public service through the creation of increased moral and efficiency; THEREFOR, the Agreement is entered into between the Town of North Andover, hereinafter referred to as the "The Town", and the NEPBA, Local 2, hereinafter referred to as the "Union". It is the intent and purpose of this Agreement to assure sound and mutually beneficial working conditions and to provide a means of resolving any misunderstanding or differences which may arise, and to set forth the basic and full agreement between the parties concerning rates of pay, wages, hours of employment and other conditions of employment. ARTICLE II: RECOGNITION CLAUSE The Town hereby recognizes the New England Police Benevolent Association, Local 2, as the exclusive representative of all permanent police officers and sergeants in the North Andover Police Department, for the purpose of bargaining with respect to wages, hours of work, and other conditions of employment. The bargaining unit shall exclude all ranks above that of sergeant and all employees who are not permanent members of the department. Members of the Police Department above the rank of Sergeant are specifically excluded from the bargaining unit. ARTICLE III: MANAGEMENT RIGHTS 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 which the Town has not specifically abridged, deleted, delegated, granted or modified by this Agreement are, and shall remain, exclusively those of the Town. Without limiting the generality of the foregoing, the Town retains the rights and responsibility: (1) to hire, discharge, transfer, suspend and discipline employees; NEPBA Local 213 Agreement 07/01/24 through 06/30/27 Page 4 (2) to determine the number of employees required to be employed, laid off or discharged; (3) to determine the qualifications of employees; (4) to determine the starting and quitting time; (5) to make any and all reasonable rules and regulations; (6) to determine the work assignments of its employees; (7) to determine the basis for selection, retention and promotion of employees; and (8) to determine the methods and means of operations including but not limited to type of equipment, facilities and work processes to be used. ARTICLE IV: UNION RIGHTS AND PRIVILEGES All job benefits heretofore enjoyed by the employees, either by State Statute, or Personnel Policy, which are not specifically provided for or abridged in this Agreement, are hereby protected by this Agreement. Where subject matter is covered by both this Agreement and the 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. The employer agrees to provide time off without loss of compensation or benefits for up to two (2) members of the union bargaining committee, who might otherwise be scheduled to work, for the purpose of meeting with the employer's bargaining committee in the course of negotiating a collective bargaining agreement. The employer agrees to provide time off without loss of compensation or benefits for one (1) union officer and one (1) employee for the purpose of meetings with the employer in order to process grievances. ARTICLE V: NON-DISCRIMINATION The Town and the Union agree that neither will interfere with, restrain or coerce employees in the exercise of their rights guaranteed by the General Laws and that neither will discriminate, nor cause the other to discriminate with respect to appointment, tenure or employment and any term or condition of employment based upon membership or non- membership in the union or based upon participation or non-participation in legal union activities. ARTICLE VI: SENIORITY Section 1: Seniority List A. The Town shall prepare and maintain, subject to examination and grievance by the Union, a seniority list to record the status of each member in the Unit. Seniority shall be determined by the date the employee is appointed as a permanent employee as Sergeant. In the event that two or more employees are appointed permanent on the same day, seniority shall be determined by the date the employee was appointed as NEPBA Local 213 Agreement 07/01/24 through 06130/27 Page 5 a reserve. If such employees were appointed as reserves on the same day, seniority shall be determined based upon their graded ranking on the civil service list from which they were appointed. Civil service only pertains to employees hired before July 1, 2021 in the rank the employee held as of June 30, 2021. Seniority for sergeants shall be determined by the date of appointment as a sergeant, The Town shall be responsible for posting the list in the station. The Union shall be provided with a copy of the seniority list and shall be notified of all changes. Any objections to the seniority list shall be subject to the grievance procedure, such grievance shall be filed within ten (10) days of notification or it shall stand approved. Section 2: Seniority Shift Bidding A. Seniority for the purposes of this section is defined as: Continuous service as a full- time Police Officer with the North Andover Police Department accruing from the first day of the most recent rank. B. Every first of February, full-time Patrol Officers and Sergeants shall indicate their first, second and third shift preferences for shift assignment. Within thirty (30) days of the bidding, the Police Chief will assign shifts according to the following process: The most senior Officer will receive his/her first choice of shift preference followed in turn by other Officers in descending order of their seniority. When shifts are filled, then Officers will be granted their second choice while available. C. The following positions are excluded from the shift bidding process: Detective Court Officer Safety Officer School Resource Officer Traffic Officer Professional Standards Officer (Accreditation) D. It is agreed that the Town shall have the right to assign newly hired police officers to any shift for evaluation and training purposes. Such officers shall not be eligible to participate in seniority shift bidding, under Section 2B above, until the annual shift bid following successful completion of the one-year probationary period. In order to avoid having too many recent academy graduates working on the same shift, the parties agree that for purposes of shift bidding there shall only be as many slots as there are police officers actively working at the time the shift bids are posted. Once a newly hired police officer has been working for a period of six months, or for a shorter period solely at the discretion of the Chief (whose decision is not subject to the grievance process), his/her shift assignment shall be open for a voluntary shift change by other officers, based on seniority, and the officer with six months' service shall be subject to reassignment. NEPBA Local 2B Agreement 07/01/24 through 06/30/27 Page 6 E. Shift reassignment is separate from the shift bidding process. Shift reassignment per Sergeant for disciplinary purposes for a period not to exceed thirty (30) days, during which time the most junior Officer assigned to the affected shift will be reassigned. A written description of the reason for this disciplinary action will be immediately placed on file with the Union President. and placed in the employee's permanent personnel record. F. Full-time patrol officers and sergeants with bidding rights under Section 2B above shall also have the right to bid their group preferences and be assigned to groups by seniority. ARTICLE VII: PROMOTIONS Section 1. Promotion Process The purpose of this process is to identify the best qualified individual for promotion without regard to personal preference, prejudice or unsubstantiated opinions. a. The Chief of Police is responsible for overseeing the promotions of sworn personnel. Their duties shall include: (1) Posting written announcements of any scheduled promotional opportunities-, (2) Coordinating with any companies or consultants contracted to participate in the promotion process; (3) Protecting the integrity of the promotional process by ensuring that all promotional materials, documents, scores, and completed evaluations are kept in a secure location; and will remain confidential to the extent provided through this agreement; and (4) Maintaining copies of active promotion lists. b. Regardless of the number of candidates, the promotional process shall consist of an assessment center without a written exam component. The assessment center process will be provided for eligible employees at no cost. c. The goal of the assessment center is to evaluate the candidate's knowledge, skills, abilities and personal characteristics that are directly related to the essential functions of the position to be filled. Consultants retained by the Town to administer the assessment center will be responsible for the scoring system and for establishing the passing score for the assessment center. The Department shall notify eligible candidates of the date, time, and location of the assessment center in writing at least thirty (30) calendar days in advance. d. Assessment Center materials shall not be left unattended for any period of time. Materials not under the immediate and direct control of the Chief of Police shall be kept in a secure area approved by the Chief of Police. Promotional materials shall be retained by the Chief NEPBA Local 2B Agreement 07/01/24 through 06/30/27 Page 7 of Police for the officer's duration of employment. These include assessment Center questions, exercises, and other related materials. e. A candidate may appeal any component of the assessment center. Such appeal must be made in writing to the Town Manager or his/her designee and the Chief of Police within seven (7) business days of the completion of the assessment center. The candidate shall be notified of the result of the appeal within ten (10) business days of the Town's receipt of an appeal, which decision shall be final. Business days are Monday through Friday excluding Town holidays. f. To be eligible to participate in a promotional process to the rank of Lieutenant, candidates must have at least two (2) years of actual full-time service as a Sergeant and at least seven (7) years of full-time service in the North Andover Police Department as of the date of the Assessment Center. For purposes of this section, full-time service includes the probationary period, but excludes any applicable reserve time. g. The second component of the promotional process shall consist of proof of education and experience as follows: (Max of 100 points) (1) Education - maximum of 25 points i. Associates Degree-1 0 points Bachelor's Degree-20 points Master's Degree/Law Degree-25 points ii. Degrees are not cumulative; Candidate receives points for highest degree earned and cannot received multiple points for multiple degrees. iii. Candidate must provide a sealed, certified copy of their academic record. (2) Experience - maximum of 45 points i. I point per 6 months of full-time service with the North Andover Police Department (20 years= 40 points)(25 years= 45 points). (3) Acting time out of grade - maximum of 30 points i. 2 points per full month (4 weeks) of a temporary promotion to the position to be filled. Points shall be given for time acting out-of-grade in the rank in the North Andover Police Department. (7 months= 14 points) (15 months= 30 points) h. The third component of the promotional process shall be an interview. The Town Manager shall convene an interview panel comprised of panelists of their choosing to interview the candidates and make recommendations regarding the applicants. This process shall take place after the assessment center component is completed. NEPBA Local 213 Agreement 07/01/24 through 06/30/27 Page 8 Candidates will be given notice of the date, time, and location of their interview at least seven (7) business days in advance. During this time, candidates may submit materials relating to the criteria in paragraph k. below for the Chief of Police and Town Manager's review. The Town Manager, in consultation with the Chief of Police, shall consider a candidate's interview performance when determining the final selection of a candidate for promotion. i. The promotional list shall be established based on the following weighted components: (1) Education and Experience - 20% (2) Score on the assessment center- 70% (3) Interview- 10% The promotional list shall be established no later than thirty (30) business days following the completion of the final component of the promotional process. Each candidate at that time shall be emailed their final scores and ranking. The promotional list shall be active for at least (1) year but no longer than two (2) years as determined by the Town Manager in consultation with the Chief of Police. If the list of candidates for promotion has been exhausted the Town shall have the option of conducting another promotional process. If the Town chooses to expire an exhausted list, the Union president shall be given notice at least thirty (30) calendar days in advance of the commencement of the promotional process. j. The Town Manager, in consultation with the Chief of Police, shall select for promotion from the highest candidates on the list using the 2n + 1 rule, with n being the number of vacancies to be filled. In the event candidates have the exact same score after applying the weighted criteria as outlined above, within the top three scores, such tied candidates shall be considered as one candidate for purposes of selecting from the top two candidates eligible for promotion. For example, if candidates A and B tied with a score of 90, and candidates C and D had scores of 88 and 86, respectively, all four candidates would be eligible for promotion. The same standard would apply for candidates tied with the second highest and third highest scores. k. The Town Manager and Chief of Police shall evaluate each candidate's record of service considering factors including: on the job performance; veteran status; formal education and training; leadership qualities; involvement in Department-sponsored extracurricular activities; attendance record; personnel file; and disciplinary record. The parties agree that any factor used by the Town Manager and Chief of Police will be applied across the board to each candidate. The Town shall provide a reasonable justification, supported by credible evidence, for the bypass of a candidate for a lower ranked candidate. The Town Manager shall provide written reason for bypass in all such cases. In all such cases, and in the event NEPBA Local 2B Agreement 07/01/24 through 06/30/27 Page 9 of any appeal the Town shall be prohibited from relying upon any reason not included in its bypass letter. 1. The Town Manager is the appointing authority and shall determine the final selection of a candidate for promotion. m. After the Town Manager makes a final decision as to which candidate to appoint, the Chief of Police will notify all eligible candidates of the person selected for promotion. n. Candidates not recommended for promotion may, at their discretion, arrange a meeting with the Chief of Police to review the candidate's performance within the promotional process to identify how the candidate may be more successful in future promotional efforts. Section 2. Selection Process Appeals a. Bypass Appeals. Candidates bypassed for promotion who wish to appeal the Town Manager's selection process may do so on an individual basis. The Union shall neither be a party to such individual appeals, nor shall it have duty to represent, provide resources or support individuals pursuing such individual bypass appeals. Individual bypass appeals shall follow a process similar in nature to bypass appeals adjudicated by the Massachusetts Civil Service Commission under G.L. c. 31, but shall be processed in accordance with the contractual grievance procedure, commencing at Step 4 and proceeding directly to arbitration. The parties to such arbitration shall be the individual, appealing officer and the Town. b. Process Appeals. The parties agree that except as specified in Section 2(a), grievances and arbitration shall be limited to alleged violations of certain sections of the Promotion Process [sub-sections (a) through (1)] provided that any grievance filed by the individual involving, but not limited to, sub-sections 0) and (k) of Section 1 cannot involve the content of the assessment center or the evaluation of the candidate's service record, only the procedures by which they are administered. c. Individual grievances shall be filed in accordance with Step 4, Article XIII of the Collective Bargaining Agreement within 15 calendar days of after the individual bypassed for promotion receives the written reason(s) for bypass. Submission to arbitration shall be by letter to the American Arbitration Association with a copy to the Town Manager and Chief of Police. d. The promotional process will not be delayed or held in abeyance pending any individual employee appeal. Section 3. Arbitrator Authority Consistent with the authority of the Civil Service Commission in its adjudication of promotional bypasses, the arbitrator shall have the authority to place the grievant at the top of any current and all future promotional lists for the position the grievant was bypassed for until such time as NEPBA Local 2B Agreement 07/01/24 through 06/30/27 Page 10 they are promoted or bypassed. Additionally, the arbitrator may put in place other protections to ensure that future considerations are not impaired by the same political motivations or biases that resulted in the underlying improper bypass. Under no circumstances, however, will an arbitrator have the right to order or compel the Town to promote a particular candidate. Section 4. Promotional Process Timetable The below date range (TBD) will be established at notification of the assessment center: Assessment Center TBD Assessment Center Orientation Session TBD Appeal of Assessment Center Within seven (7) business days of compl tion of the assessment center. Response to Appeal Within ten (10) business days of the Town's receipt of an appeal. Establishment of the final Eligibility List Within thirty (30) business days of the completion of the final component of the promotional process. ARTICLE Vill: COMPENSATION Section 1. Salary Schedule Employees covered by this Agreement shall receive bi-weekly compensation in accordance with the salary schedule on pages 12 and 13, which reflects the adjustments listed below. Effective July 1, 2024: 2.0% COLA Effective January 1, 2025: 1.0% Market Adjustment Effective July 1, 2025: 3.0% COLA Effective July 1, 2025: 1.0% Market Adjustment Effective July 1, 2026: 3.0% COLA NEPBA Local 2B Agreement 07/01/24 through 06/30/27 Page 11 July 1,2624(FY26) —1UP—T—P14-4 Step I stop 1 plus 10 yrs Stop I plus,15 yrs Stop 1 p!us 20,yrs, 26 ym 1.02 COLA 2%over FW4 $68,702.19 $70,419.75 $72,180.24 $73,984.75 $75,83436 1.025 L2NwvityStep 2.5%ine 2.5%irte 25%inc 2.5%inc Step 2 plus Stop 2 Slap 2 plus 10 yrs Stop 2 plus 16 yrs Stop 2;p!us 20 yrs, 26 yrs 2%over FY24 $73227.14 $75,057.81 $76,934.26 $78,857.62 $80,829.06 2.5%ine 2.5%ine 2.5%ine 2.5%inc ftp 3 plus Step 3 Stop 3 plus 10 yrs Stop 3 plus,15 yrs Stop 3 plus 20 0 26 ym 2%over FY24 $77,769.25 $79,713AS $81,706. 2,. $83,148-97 $85,84210 2.5%ine 2.5%inc 2.5%inc 2.5%it MOP 4 PHIS Stop 4 Stop 4 plus 10 yrs Step 4 plus 15 yn; Step 4 us 20 yrs 26 ym 2%ever $80,000 $81,60D.00 $83,6401.001 $85,731.001 $87,87428. $90,071A3 2.5%inc 2.594 inc l 2.5%inc. 2.5%inc January 1,2025(FY25) ��Wp plus tap Plus Stop 1 Stop 1 plus 10 yrs Stop 1 plus 16 yrs Step 1 plus 20 yrs 25 rs 1.01 Market Ad' 5 rs I%MarketAdj $69,389.21 $71,123.94 $72,90Z04 $74,724,59,q$76,592.71 1.025 LongeiAty Ste p 2,5%inc 2.5%inc 2,5%inc 1 2.5�%I.�in c Stop 2 plus Stop 2 Stop 2 plus 10 yrs Stop 2 plus 16 y rs Step 2 plus 20 yrs 25 yrs I%Market Ad` $73,959.41 $75,808,39 $77,703.60 $79,646.19 $81,631735 2.5%inc 2,5%inc 2.5%inc 2Z%inc u Step 3 plus Stop 3 Stop 3 plus 10 yrs Stop 3 plus 15 yrs Stop 3 plus 20 yrs 25 rs -1%Market Ad` $78,546,94. $80,510.61 $82,523.38 $84,586A6 $86,701A2 2,6%inc 2.5%inc 2,5%inc 2.5%inc Step 4 plus Stop 4 Stop 4 plus 10 yrs Stop 4 plus 15 yrs Stop 4 plus 20 yrs 25 yrs I%Market Adj $82,416.00 $84,476,40 $86,588.31 $88,753.02 $90,971.84 in . ........ 2.5%inc 2.5%inc I...............L--- --- July 1,2026 (FY26) Stop I plus Step I Stop 1 plus 10 YM Step,I ElU-s 15 xm Stop I plus 20 yrs 26 yrs 1.03 COLA 1.01 Market�Adj 3%over F'Y25 $72,185.60 $73,99024 $75,839,99 $77,735,99 $79,679.39 1.025 LongevilySteR 1%Market Ad' 2.5%ine 2.5%ine 2.5%ine 2.5%inc, Stop 2 plus - S!!R 2 Stop 2 plus 10 ym Stop 2 plus 16 ym Stop 2 plus 20 ym 26 yrs 3%overFY25 $76,93997 $78,863.47 $80,835.06 $82,855.93 $84,92733, 1%Market Adj 2.5%inc 2.516 ine 2.5%ine 2.5%inc Stop 3 plus Stop 3 Stop 3 plus 10 yrs Step 3 plus 15 yrs Stop 3 plus 20 yrs 26 yrs 3%over FY25 $81,71238 $83,755.19 $85,849W $87,q9530 $90,195A8 1%Market A51 2.5%inc 2.5%inc 2,5%inc 2.5%ine Stop 4 plus Stop 4 Stop 4 plus 10,ym Stop 4 plus 15 yrs "a 4 plus 20 yrs 26 yrs -3%over'FM $85,737,36 $87,880.801 $90,077A2 $92,329161 $914,638.01 I%Market Adj 2.5%inc,1 2.5%inc 2.5%inc l 2.5%inc NEPBA Local 26 Agreement 07/01/24 through 06/30/27 Page 12 July 1,20 6 (FY27) Step I plus Slop I Step I Plus 10 Ym Slop 1 plus 16 yrs Step I plus 20 yrs 26 yrs U3 COLA 3%overFY26 $74,351.17 $76209.95 $78,115.19 $80,068-07 $82,069.78 1.025 Longevity Step 2,5%inc 2,50,1,,inc 2.5%ine 2.5%inc Step 2 plus Stop 2 Siap2 plus lOym Step 2 plus 16 yrs Step 2 plus 20yrs 26 yrs 3%over FY26 $79,248.17 $81 a29.38 $83,260.11 $85,341.61 $87,475A5- 2.5%inc 2.5%inc 2.5%ine 2.5%inc Step 3 plui- S!tp 3 SUP 3 Plus 10 Ym Slop 3 Plus 16 yrs Stop 3 plus 20 yrs 26 yrs 3%over FY26 $84,163.75 $86,267.85 $88,424.54 $90,635.16 $92901.04. 2.5%inc 2.5%inc 2.5%ine 2.5%inc Step 4 plus Step 4 Step 4 plus 10 yrs Slop 4 plus 16 yrs Step 4 plus 20 yrs 26 yrs -W-overFY26 $88,309 49 $90,517.22 $92,780.15 $95,099.66 $97,477.15 23%ine 2.5%inc l 2.5%inc 2.5%inc A newly promoted Sergeant shall be placed at the step in the above salary schedule that is closest to but not less than the maximum step on the Patrol Officers' salary schedule and that reflects the Sergeant's longevity with the Town of North Andover. Example 1: If in FY25 the maximum step on the Patrol Officer's salary schedule, Step IX (25 yrs +), is an annual rate of$72,000, a newly promoted sergeant with no longevity will receive the rate of$73,227.14 (Step 2 on the FY25 salary schedule) upon promotion. Example 2: If in FY25 the maximum step on the Patrol Officer's salary schedule, Step IX (25 yrs +), has an annual rate of$72,000, a newly promoted sergeant with 15 yrs longevity will receive the rate of$76,934.26 (Step 2 Plus 15 on the FY25 salary schedule) upon promotion. A. Compensation Formulas Annual Salary: Annual Salary from the Salary Schedule Example: Annual Salary of a Sgt at Step IV in FY24 is $79,294.14 Annual Longevity: Annual Longevity from Longevity Schedule Example: Annual Longevity of a Sgt with over 5 but not over 10 years is $700 Duty Stipend: Annual Salary x Duty Stipend % Example: 3% Duty Stipend for a Sgt at Step IV in FY24 would be $2,378.83 ($79,294.14 x .03) Loaded Base Salary: Annual Salary + Annual Longevity +Annual Duty Stipend NEPBA Local 2B Agreement 07/01/24 through 06/30/27 Page 13 ........... Example: Sgt at Step IV in FY24 with 5 yrs. longevity has loaded annual base of $82,372.97 ($79,294.14 + $700 + $2,378.83) Education Incentive: Loaded Base Salary x Education % Example'- The Sgt above with a Masters has an education incentive of$20,593.25 (($79,294.14 +$700 + $2378.83)) x .25 Shift Differential: (Loaded Base Salary + Education) x Shift Diff % Example, The Sgt above who works early nights in FY24 has a shift diff of$7,207,64 (($82,372.97 + $20,593.25)) x 7% Total Biweekly Pay: (Loaded Base Salary + Education + Shift Differential)/ 26 pay periods Example: Total biweekly pay of Sgt. above is $4237.46 ($82,372.97 + $20,593.25 + $7,207,64)126 pay periods Holiday Pay (1/4 of a week's pay): (Loaded Base Salary + Education + Shift) / 52 x .25 Example: Sgt above would receive $529.69 in holiday pay ($82,372.97 + $20,593.25 + $7,207.64)152 x .25 Section 2, Step Rate Increase A. An employee in continuous, full-time employment shall receive the increment between their present rate and the next highest rate as follows: 1. After completion of six (6) months at the minimum or entrance rate. 2. Thereafter one year from the date of his previous increase until they attains the maximum rate of the range of the compensation grade to which their position class is assigned. 3. The increase in rate that this increment represents must be recommended by the employee's department head and approved by the Town Manager. 4. The increase shall be based on performance of the employee during the preceding six (6) month or twelve (12) month period and not solely on length of service. B. Any employee 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 NEPBA Local 2B Agreement 07/01124 through 06/30/27 Page 14 deny the appeal. The decision of the Town Manager shall be final. C. A new full-time employee denied an increment after six (6) months continuous employment shall be considered again for such increment following completion of an additional six (6) months continuous employment. D. An employee receiving a promotion to a vacant position or to a new position shall, upon assignment resulting from such promotion, receive the rate in compensation grade of the vacant or new position next above his existing rate. If the resulting adjustment does not equal $100.00 per year, the adjustment shall be to the second rate above the existing rate but within the compensation grade of the vacant or new position. E. The employee receiving a promotion and adjustment in rate pursuant to the provisions of the preceding subsection shall receive the next increment of his compensation grade effective following completion of six (6) months at the rate resulting from the promotion. F. The Town Manager may authorize an entrance rate higher than the minimum rate upon the recommendation of a department head supported by evidence in writing of special reasons and exceptional circumstances satisfactory to the Manager and such other variance in the classification and compensation plans as it may deem necessary for the proper functioning of the service of the Town. Section 3: Night Differential A. Employees regularly assigned to work the early night shift or the late night shift shall be paid a differential computed on their regular weekly salary, as follows: i. For the early night shift - 7.0% ii. For the late night shift - 8.0% B. Effective July 1, 2026, the night differential shall increase to the following: i. For the early night shift— 8.0% ii. For the late night shift— 9.0% C.Said night shift differentials shall be calculated separate and apart from the base pay but shall be included in the calculation of overtime pay. D.Said night shift differentials shall be paid to employees in sick leave or injured leave. Section 4: Special Assignment Stipends A. The following assignments are considered "Special Assignments" and shall be eligible to receive a lump sum stipend: NEPBA Local 2B Agreement 07/01/24 through 06/30127 Page 15 i. Training Officer ii. Professional Standards Officer(Accreditation) B. Officers assigned to work Special Assignments shall be paid a lump sum stipend of $1 ,500 in June, payable separate and apart from base pay, and pro-rated based on the number of months in the fiscal year the officer was assigned such work: Section 5: 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 bargaining unit members 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. Effective July 1, 2024, the accreditation stipend will be $1,400. Effective July 1, 2026, the accreditation stipend will be $1,500. Section 6: Supervisory Duty Stipend Effective July 1, 2025, the parties agree to eliminate all specialty stipends, except for the Training Officer and Professional Standards (Accreditation) Officer. In exchange, all Sergeants shall receive a 3% supervisory duty stipend calculated on each Sergeant's annual salary as set forth in the salary schedule, not including longevity, overtime, or educational incentive. This agreement is not to impact the accreditation stipend. The supervisory duty stipend shall be paid bi-weekly. The parties acknowledge that the Chief has the right to assign and re-assign all Sergeants' specialty work. This stipend is intended to compensate the Sergeants for this important contribution to the Department, and the Sergeants understand that the Chief may assign specialty work and assignments at their sole discretion, The Chief may assign one Sergeant with several specialty assignments and a different Sergeant with none. Those assignments could, and likely will change over time. Effective July 1 , 2026, the Supervisory Duty Stipend shall be increased to 4%. Section 7. Longevity Increments A. An employee of the Town who has been in continuous full-time employment shall be paid, in addition to the compensation received under the present plan, annual increment determined as follows: NEPBA Local 2B Agreement 07/01/24 through 06/30/27 Page 16 Length of Service Over 5 but not over 10 years $700 Over 10 but not over 15 years $1,000 Over 15 but not over 20 years $1,925 Over 20 but not over 25 years $2,025 Over 25 years $2,125 B. An employee will become eligible for longevity increments on the 5th, 1 Oth, 15th, 20th and 25th anniversary date of their employment, C. An employee who qualifies for longevity compensation and then leaves the employ of the Town shall not be entitled to such compensation if re-employed until a new ten-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 not resulting from the employee's own action, total service will be considered as continuous service. E. Longevity shall be paid weekly 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. Section 8. Education Incentive Pay A. All employees shall participate in the educational incentive program known as the Police Officer Education Incentive Program. Employees shall be entitled to an Education Incentive payment based on the educational degree attained as below: Associate's 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. B. 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, NEPBA Local 213 Agreement 07/01/24 through 06/30/27 Page 17 and programs delivering content primarily through on-line methods may be scrutinized to a greater extent, as will programs granting credits for"life experience." C. 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 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. Section 9. Overtime and Paid Details A. Overtime i. In the event that a need for overtime should occur in the department because of sickness, vacation, or other unforeseen conditions, overtime shall be administered by the Chief or his designee, and shall be paid at the rate of time and one-half of the regular rates of pay. ii. OIC Overtime. OIC overtime shall first be offered to Shift Lieutenants. If no shift Lieutenant accepts the overtime, it shall be offered to Command Lieutenants. If no Command Lieutenant accepts the overtime, it shall be offered to Sergeants. If no Sergeant accepts the overtime, it shall be filled from a combined pool of Shift Lieutenants and Sergeants. iii. Patrol officer mandatory overtime (MANDO) can be taken by a sergeant on Thursdays starting at 1600 hrs. and ending on Sundays at 0800 hrs. or at the Chiefs discretion. (i.e. Monday holiday, Halloween, sporting event, playoff etc.). iv. Sergeants are only eligible for patrol overtime when there is one supervisor working that shift. v. Patrol Supervisor Overtime, Patrol Supervisor overtime shall first be offered to Sergeants. If no Sergeant accepts the overtime, it shall be offered to Shift Lieutenants. If no Shift Lieutenant accepts the overtime, it shall be offered to Patrol Officers. If no Patrol Officer accepts the overtime, it shall be filled from a combined pool of Shift Lieutenants and Sergeants. vi. When the Chief or his designee determines that there is a need for overtime work to replace an absent Sergeant, the Department will first offer the vacant shift to Sergeants. If a Sergeant is unable to fill the vacancy, then the shift will be offered to Patrol Officers. If a Patrol Officer does not take the shift, then the forced overtime shall be from the list of available Sergeants. In the event that NEPBA Local 2B Agreement 07/01/24 through 06/30/27 Page 18 the OIC shift becomes vacant (both Sergeants off), then that shift will be filled through the normal overtime distribution, vii. All mandatory call-in shifts for all bargaining unit members will be paid at time and one half and a minimum shift of four (4) hours, viii. A Sergeant who is forced to work overtime for a Lieutenant will be paid according to the same step in the salary schedule as the Lieutenant they are working for. (Example: A sergeant at Step 4 at an annual rate of$77,739.35 will be paid at the Lieutenant Step 4 annual rate of$90,189.67, which is the 4th step on the Lieutenant's salary table.) ix. A Sergeant who is forced to work overtime for a Lieutenant on any of the holidays listed in Article X, Fringe Benefits, Section 1, Holidays shall receive an added vacation day. x. Sergeants who work an overtime shift for a Lieutenant will have that time count toward Acting Out of Grade as per Article VI 1, Promotions, Section 1, Promotional Process, Subsection g. (3) i. B. Outside Details i. All details shall be assigned by the Chief of Police or designee. All details shall be paid at the following rate: Public Detail Rate Weekday - $61/hr, Private Detail Rate Weekday- $65/hr. Town Meeting - $771hr. Private Detail Rate Weekends/Nights - $97.50 Private Detail Rate Holidays - $130.00 Public Detail Rate Weekends/Nights - $91.50 Public Detail Rate Holidays - $122.00 Strike/Labor/Work Stoppages - $130.00 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. 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). ii. 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. iii. Weekend details (Saturday and Sunday), and details that start at or after 6:00 pm through 6:00 am will be paid at the rate of time and one-half the detail rate NEPBA Local 213 Agreement 07/01/24 through 06/30/27 Page 19 for all hours worked. iv. The rate for strike details is two times the private detail weekday rate. Also, the rate for public details on holidays is two times the public detail weekday rate and the rate for private details on holidays is two times the private detail weekday rate. v. Given the nature of outside details, rates of pay for outside details shall take effect as of the effective date of a collective bargaining agreement and shall not be paid retroactively prior to the effective date of the agreement. vi. Once the Chief determines the need for a paid detail assignment, said assignment will be offered first to regular police officers within the bargaining unit prior to being offered to persons outside the bargaining unit. vii. The Town and its Police Chief, along with the assistance of the police officers, shall seek to enforce those laws requiring contractors to notify the Police Chief of contemplated roadwork. viii. The Town Manager will request that all municipal departments notify the Police Chief of contemplated roadwork. ix. The Town will compensate officers for paid outside details in the pay period immediately following the workweek in which the outside detail was worked. x. The Police Department may approve requests to allow North Andover police officer to perform details in other communities. 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 filled, and all open Patrol and Sergeant shifts that are necessary to meet minimum manning standards have been filled. Exceptions to this will be made and are outlined in the Department's overtime distribution policy. xi. Unfilled Details. The parties agree to work with the Civilian Traffic Unitto increase the pool of eligible individuals to work details in North Andover. If 20% of the details are unfilled for a period of 3 months (not consecutive), the Town may exercise its right to conduct a competitive bid process for an outside firm to fill the unfilled details. Section 10. Court Time Employees assigned to court, or appearing in any court in their official capacity as North Andover police officers, 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 education incentive. Section 11. Translation Pay An employee who is required to come in from off-duty to translate in any language will be paid one and one-half times their regular hourly rate for each hour in attendance with a minimum of three (3) hours pay. Section 12. Announced Retirement Pay An employee of the Town, who is eligible for retirement and announces his retirement NEPBA Local 2B Agreement 07/01/24 through 06/30/27 Page 20 three years in advance of the actual date of retirement, shall be paid a $1,000.00 lump sum in June, per year for three years, payable separate and apart from base pay for overtime or other purpose. This section shall not apply to any officer hired on or after July 1, 2012. ARTICLE IX: WORK SCHEDULE Section 1. 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 2. The regular workday shall consist of eight and one-half (8 1/2) hours including fifteen (15) minutes before the scheduled shift starting time and fifteen (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. The existing meal break practice during the shift shall be maintained during the term of this Agreement. The regular work year shall consist of 244 days. Section 3. The hourly rate shall be computed by dividing the annual salary, as specified in Article Vill, Section 1, by 2074 hours (8.5 hours x 244 days). The overtime rate of pay shall be one and one-half times the hourly rate. Section 4. Notwithstanding the foregoing provisions to the contrary, the Town and its Police Chief reserve the right to assign employees in administrative and specialist positions to a five (5) consecutive day schedule where said schedule is determined by the Police Chief to best serve the Town. In such cases, the employees working the 5-day work schedule shall receive two (2) consecutive days off and, in addition, shall in each fiscal year, receive seventeen (17) compensatory days off. Section 5. In addition to those officers regularly assigned to work a 5 and 2 schedule under Section 4 of this Article, the Town reserves the right to assign employees to a training program for five (5) consecutive days in which case the employees shall receive compensation at the time and one-half rate of pay for those days spent in the training program which fall on their regularly scheduled days off under the 4 and 2 work schedule. Said time and one-half compensation shall be for a maximum of 8.5 hours for any such training day falling on a regularly scheduled day off. Notwithstanding the above language in this Section, an employee assigned to a training program which has a five (5) day per week schedule for a period in excess of four (4) consecutive weeks, shall be assigned to that workweek under Section 4. Such employee shall be eligible to receive the compensatory days as outlined in Section 4 on a pro-rated basis. NEPBA Local 2B Agreement 07/01/24 through 06/30/27 Page 21 Section 6. Officers attending basic training at an academy shall comply with whatever schedule is required for attendance, notwithstanding any contrary provision of this Article, and shall receive only their regular weekly compensation without overtime compensation irrespective of the hours required at the academy. It is understood and agreed that, under M.G.L. c41, §96B, student officers are not members of the bargaining unit and are not therefore covered by the collective bargaining agreement until they successfully complete the required academy training, and are sworn in to exercise police powers. Once an employee becomes sworn in as a regular, permanent police officer, it is understood that seniority shall be measured from the date of appointment as a full-time employee, consistent with the practice in effect prior to the negotiation of the current Agreement. ARTICLE X: FRINGE BENEFITS Section 1 . Holidays A. The following days shall be recognized as paid holidays: 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 B. 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 NEPBA Local 2B Agreement 07/01/24 through 06/30/27 Page 22 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. Section 2: Personal Days A. Employees will be allowed four (4) Personal Days per calendar year. Personal Days cannot be carried beyond the calendar year in which they were granted. B. Personal Days are not to be used on or immediately before holidays. The granting of Personal Days will be limited to one Officer per shift. These days are granted on a "first come, first served" basis. However, in cases of conflict, the senior Officer is granted preference. The above notice requirement will be waived in the event of a documented medical emergency of the Officer or an immediate family member. C. Personal Days may only be taken in full day increments. Section 3: Time-Owed Time Owed may be earned from teaching at the Academy; working to maintain the Department's Accreditation, or other like activities that bring value to the department. Accrual of Time Owed is at the discretion of the Chief and pre-approval is required. Time Owed may only be swapped for a previously scheduled vacation day, if the maximum allowable number of vacation days department-wide have not yet been reached. If a request for time owed has not created a fill 24 hours before the start of the shift or less, the request for time owed will be approved and not revoked if a fill is later created. Section 4: Vacation Leave A. A full time employee in continuous service shall be granted vacation with pay on the following terms: L An employee who has completed one year of service shall be entitled to two (2) weeks of vacation with pay per calendar year. A vacation week consists of five (5) days. After six months of employment, an employee shall be entitled to one week of vacation of his/her initial vacation allowance in advance, in which case he/she shall receive one week of vacation after his/her first year of service. ii. An employee who has completed five years of service shall be entitled to three weeks of vacation with pay. iii. An employee who has completed ten years of service shall be entitled to four weeks of vacation with pay. NEPBA Local 2B Agreement 07/01124 through 06/30/27 Page 23 ............ iv. Employees with more than twelve years, but less than twenty years' service, shall be entitled to an additional vacation over the four-week entitlement under sub-section iii. above, as follows: 1. After 12 years' service, one (1) day 2. After 14 years' service, two (2) days 3. After 16 years' service, three (3) days 4. After 18 years' service, four (4) days V. An employee who has completed twenty years of service shall be entitled to five weeks of vacation with pay. Also, any employee will be "grandfathered" who has"bought" back service as a reserve officer as full-time service, equaling 20 years, and would thus fall into this category during the term of the contract. vi. Vacation allowance shall be granted by the head of the respective department of the town at such time as, in his opinion, will cause the least interference with the performance of the regular work of the town. vii. Vacation carryover shall not exceed two (2) weeks from any one (1) calendar year to the next. viii. In each calendar year, officers with twenty or more years of service may buy- back one (1) weeks' vacation by submitting a written request no later than January 3rd of that calendar year. The vacation buy-back will be paid in the first payroll of December of that calendar year. ix. 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 year prior to the employee's death but which had 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 separation from the payroll. X. Employees 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. A. 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. xii. Absences on account of 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 department head, be charged to vacation leave, xiii. The vacation year shall be January 1 to December 31, One week of vacation shall consist of five (5) workdays. xiv. Employees may take vacation leave in increments of two (2) hours or more. NEPBA Local 2B Agreement 07/01/24 through 06/30/27 Page 24 xv. An employee's request for a full-day of vacation leave shall take precedence over an employee's request for a partial day of leave. Section 5: Sick Leave A. A full-time employee in continuous service 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%) days for each month of service, provided such leave is caused by sickness or injury or by exposure to contagious disease. Five (5) of these days, per calendar year, may be used for family illness. B. An employee shall be credited with the unused portion of leave granted under sub- section (A). C. If the amount of leave credited provided under sub-section (B) has been or is about to be exhausted, an employee may make application of additional allowance to that provided under sub-section (A). Such application shall be made to the Town Manager who is authorized to grant such additional allowance as it may determine to be equitable after reviewing all circumstances including the employee's attendance and performance record prior to conditions supporting his request for the additional allowance. D. Sick leave must be authorized by the Police Chief and must be reported, on blanks provided for the same, to the Town Manager. E. A physician's certificate of illness shall be submitted by the employee after three (3) consecutive days absence to the Police Chief before leave is granted under the provisions of this section. This certificate shall be forwarded by the department head to the Town Manager. F. Employees absent on sick leave for more than four (4) consecutive tours of duty shall be required to report to the Police Chiefs office upon leaving their residence, indicating the reason for leaving and the expected time of return. G. The Town Manager may, of his own motion, require a medical examination of any employee who reports his 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. H. Sick Leave Control -An employee with a history of excessive short-term sick leave usage or a pattern of absences suggesting abuse shall be counseled by the Police Chief or his designee. If the history or pattern continues, the employee may be required to submit a physician's certificate, at the employee's expense, which verifies that the employee was examined and found to be medically unfit for duty. NEPBA Local 2B Agreement 07/01/24 through 06/30/27 Page 25 L Injury, illness or disability, self-imposed, shall not be considered a proper claim for leave under this section. J. Payments made under the provisions of this Section will be limited in the case of an employee who is receiving Injury Leave Compensation and the employee's regular rate. K. In the event of payments made to an employee under the preceding sub-section, the Town may debit the employee's sick leave accrual by such amounts as it determines to be equitable in relation to such payments. L. Nothing in this section shall be construed to conflict with M.G.L. c41, §100. M. After an officer has exhausted all accrued leave with the exception of sick leave, the Chief shall have the discretion to require a doctor's note from an officer absent for two (2) or more consecutive shifts due to illness. N. Shift differential shall be included in the calculation of sick leave and Injured on Duty Leave. Section 6: Attendance Incentive A. There shall be an attendance incentive system under which sergeants 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. B. 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. Officers shall submit a written request to the Chiefs Office no later than December 31st to express their intent to participate in the Attendance Incentive. The attendance and buy back amounts shall be as follows: i. For zero (0) sick days used, five (5) sick days can be bought back; or ii. For one (1) sick day used, four (4) sick days can be bought back; or iii. For two (2) sick days used, three (3) sick days can be bought back. NEPBA Local 2B Agreement 07/01/24 through 06/30/27 Page 26 C. 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. D. Buy back payments under this section will be made in July of the year following the calendar year. Section 7: Sick Leave Bank A. The following rules and regulations are promulgated for the purpose of administering a sick leave bank for members of NEPBA, Local 2. B. There is hereby established a sick leave bank from which employees that have exhausted their sick leave can make application to draw additional sick leave benefits. Employees contribute to this bank on a voluntary basis, from their accumulated, unused sick leave credits. Procedures and standards for contribution shall be as follows: i. The bank shall be administered by the Police Chief or designee. ii. Each application for sick leave from the bank will be made on a form to be supplied by the Town and shall be considered separately by the Police Chief or designee. The employee act of contributing to the bank does not guarantee the right to draw from the bank. Decisions made by the Police Chief or designee shall be subject to the grievance and arbitration provisions of the Collective Bargaining Agreement. The Union hereby waives its rights to grieve a decision made by the Police Chief or designee permitting an employee to draw from the bank over the objection of the Union. iii, The Police Chief or designee may require an employee, who applies to draw from the bank, to provide a medical certificate as to illness. The Police Chief or designee may re-evaluate each case at one-month intervals, and, in that regard, the Police Chief or designee may require that the employee furnish further medical certification of illness, at no expense to the Town. iv. The employee, while on the bank, shall not earn or accumulate sick leave. v. The employee who is drawing from the bank for a period of more than thirty (30) consecutive calendar days shall forfeit a portion of his vacation leave. The portion so forfeited shall be determined by dividing the number of calendar days on which the employee is utilizing the bank by 365. Fractions shall be rounded off to the nearest whole day. In the event that said employee shall have remaining vacation leave, the Police Chief or designee shall determine how much of the leave will be credited as vacation and how much will be credited to the employee as sick leave. In the event that the employee shall have exhausted NEPBA Local 2B Agreement 07/01/24 through 06/30/27 Page 27 his vacation leave prior to drawing from the bank, adjustments shall be made from the employee's vacation leave for the following calendar year. In the event that an employee drawing from the bank has accumulated unused vacation leave, which he is unable to use during the calendar year due to his sick leave status, the unused vacation leave will be credited as sick leave upon his return to active duty in the next calendar year, after the deduction of vacation leave, as provided in this section. vi. Employees who are on their one-year probationary period have the option to join the sick leave bank after six months, but may wait until three months after their one-year probationary period has been lifted. Employees must contribute two (2) of their personal sick leave days to join the sick leave bank. It is the responsibility of the Union to remind members of their contribution responsibility to join the sick bank. vii. In the event that the number of days remaining in the bank reaches thirty (30), the Police Chief or designee shall notify the Union of this fact and shall assess each participating employee one (1) additional day of sick leave to be added to the bank. Any participating employee who does not wish to contribute the additional day shall so notify the Police Chief or designee within ten (10) days of the posting of the Police Chiefs or designee's intention to make the assessment. In that event, the employee shall forfeit any further consideration for eligibility to draw from the sick leave bank and shall forfeit the use of days already contributed. The days so forfeited will remain in the bank for use by participating members. Each member will be assessed one (1) day each time additional contributions are needed. viii. Employee entitlement to draw from the said bank shall be determined by the Police Chief or designee on the basis of, among other considerations, inf9rmation and data supplied by the Union, information and data supplied by the Town, attendance and performance, provided, however, that an employee must contribute to the bank in order to be eligible to draw from the bank. Upon receipt of an application for use of the bank, the Police Chief or designee shall notify the Union and the Town, who shall supply information and data in writing, as they see fit, within seven (7) days of notification. However, the Police Chief or designee, in his discretion, may temporarily allow an employee to draw from the bank pending the receipt of this information and data. ix. The maximum time an employee may remain on the bank is one (1) year. The Police Chief or designee may allow up to one (1) additional year if he/she feels it is necessary and justified. The Police Chief or designee may require, as a condition of granting benefits beyond one year, that the employee be examined by a physician chosen by the Town at the expense of the Town. It is the intent of this Article that an employee not return to active duty at the end of one year's drawing on the bank for the purpose of reinstating his eligibility to draw from the bank without the necessity of an examination by a physician chosen by the Town. x. If the Police Chief or designee rejects an employee's application for use of the NEPBA Local 2B Agreement 07/01/24 through 06130/27 Page 28 bank, such rejection shall be in writing and shall state the specific reasons for the rejection. Section 8. 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. The Town Manager may, upon recommendation of the Police Chief, grant funeral leave to an employee in the event of the death of an individual not defined in this article or for extenuating travel requirements. Employees with extenuating circumstance shall reduce their request to writing stating the circumstances that should be considered for granting Bereavement Leave. Section 9. Retiree Sick Leave Payout A. An employee whose service is terminated by retirement or death shall be allowed a portion of his accumulated sick leave as retiree sick leave payout. The following formula shall be used in computing the amount of retiree sick leave payout to be allowed a retiring or deceased employee. i. Twenty-five (25) whole years of continuous full-time service shall be considered 100% service. ii. An employee who qualifies for retiree sick leave payout 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 60 days accumulated sick leave, or twelve work weeks, whichever is less. iii. In addition to the 60 days accumulated sick leave, or twelve work weeks as provided above, an employee who has accumulated sick leave beyond 60 days shall receive 50% of such additional accumulated sick leave to a maximum of an additional 60 days. For example, an eligible retires with an accumulation of 180 sick days could receive 120 days: 60 days at 100% plus 120 days at 50%. iv. Notwithstanding any other provision of this section, new officers hired on or after July 1, 2013 shall not receive more than 25 days' pay as retiree sick leave payout. Section 10. Uniform Allowance A. Employees will receive a yearly uniform allowance of$1,000 for the purchase and replacement of uniforms, necessary work clothes and standard equipment. 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. This amount shall NEPBA Local 213 Agreement 07/01/24 through 06/30/27 Page 29 increase to $1,150 as of July 1, 2019 and to $1,300 as of July 1, 2020. B. Payment of uniform allowance will be included in the first bi-weekly paycheck issued in August of each fiscal year. C. Employees shall be neatly dressed at all times while on duty, in uniforms that comply with the departmental specifications. Only regular and reserve sworn officers of the North Andover Police Department will be allowed to wear the North Andover Police Department shoulder patch. D. Expenditure of full uniform allowance shall not excuse an officer from maintaining his uniform in compliance with departmental specifications. E. Employees out on injury leave or sick leave for a year or more shall not be eligible for the uniform allowance. F. Officers will be allowed to wear turtleneck shirts, subject to the conditions set-forth below. The type of turtleneck, the color, its insignia (if any) and the period when they can be worn will be at the discretion of the Police Chief. If the Police Chief decides that the wearing of a turtleneck during the designated period is optional with the individual officer, the turtleneck will be purchased by the officer and chargeable to the annual clothing allowance. If the Police Chief decides that all officers will wear a turtleneck during the designated period, the purchase of one (1) turtleneck per officer will be borne by the Town. This provision shall not detract from the Police Chiefs authority to determine and enforce uniform regulations in all other respects. Section 11. Liability Insurance The Town shall purchase and maintain a police professional liability insurance policy covering all the full-time employees of the department. Section 12, Leadership Training The Town will offer leadership training to members of the bargaining unit at least every two (2) years. Section 13. Volunteering Farmer's Market Volunteering. The number of volunteers from the Union is capped at three (3) on a first come-first served basis. The list of volunteers shall rotate on an annual basis giving all members access to this benefit. Members of the Union are not eligible to participate in the Volunteer Policy as set forth in the Town's Personnel Policy. NEPBA Local 28 Agreement 07J01/24 through 06/30/27 Page 30 ARTICLE XI: MILITARY LEAVE It is the policy of the Town of North Andover to comply with the Uniformed Services Employment and Reemployment Act (USERRA), as well as the provisions of M.G.L. c. 33, s. 59. Members called to active duty by the State shall be considered on federal active duty for purposes of this policy. For the purposes of this section, the Town will follow the federal fiscal year of October 1 to September 30. Section 1. Procedures A. A Town employee in the service of the armed forces of the commonwealth under sections 38, 40 or 41 (of M.G.L. Chapter 33) shall be entitled to receive pay without loss of ordinary remuneration as a public employee and shall not lose any seniority or any accrued vacation leave, sick leave, personal leave, compensation time or earned overtime during the first 30 consecutive days of any mission in any federal fiscal year. Thereafter, any such ordinary remuneration shall be reduced by any amount received either from the United States or the commonwealth as base pay for military service performed during the same pay period, and there shall be no loss of any seniority or any accrued vacation leave, sick leave, personal leave, compensation time or earned overtime. National guard duty performed under Title 32 of the United States Code shall not be deemed service in the armed forces of the commonwealth under sections 38, 40 or 41 for the purposes of this section. B. A Town employee of the commonwealth in the armed forces of the commonwealth performing duty under Titles 10 or 32 of the United States Code or in a reserve component of the armed forces of the United States who is ordered to service for more than 30 consecutive days (in any federal fiscal year) shall be paid the regular base salary as a public employee for each pay period of such military leave of absence, reduced by any amount received either from the United States or the commonwealth as base pay for military service performed during the same pay period, and shall not lose any seniority or any accrued vacation leave, sick leave, personal leave, compensation time or earned overtime. C. A Town employee in the service of the armed forces of the commonwealth or a reserve component of the armed forces of the United State shall be entitled to receive pay without loss of ordinary remuneration as a public employee during service in the uniformed services, annual training under section 60 or drills and parades under section 61, not to exceed 40 days in any federal fiscal year. Employees shall not lose any seniority or any accrued vacation, sick, or personal leave. D. Except for emergency situations, or unless precluded by military necessity or is otherwise unreasonable, employees called for active duty must request a Military NEPBA Local 2B Agreement 07/01/24 through 06/30/27 Page 31 leave of absence, verbally or in writing, for the period of the leave, or may choose to resign. E. A Town employee who request a Military leave of absence will be required to provide orders as proof of active-duty service as soon as is practicable. F. When, according to the above policy, the Town is required to pay the employee during their military service, the Town of North Andover will make up any difference between an employee's municipal base pay and military pay as defined by the Defense Finance and Accounting Service. Example: An employee's weekly salary is $1,000. If the employee receives $700 per week in military pay, the Town will supplement the remaining $300 to make weekly remuneration whole. G. When, according to the above policy, any leave overlaps, the time periods allowed for employees to be on leave will run concurrently. Section 2. Considerations A. Leave of absence for military service, when such service is required to meet the current national or state needs or requirements for minimum training of citizens, shall not break the continuity of service and the time of such leave shall be included in computing years of service for vacation purposes. B. Employees will not receive any military leave compensation for overtime pay, shift differential or other premium pay that an employee could have worked/received if he/she was at their employment rather than on deployment. C. A Town employee returning from military service is generally entitled to the position that would have been attained if for not the leave taken for military service. The exact position of reemployment is determined by federal or state law and, where applicable, and may depend on relevant collective bargaining agreements, personnel policies, and changes in the nature of the work environment. D. A returning Town employee is entitled to the pay-level that would have been attained if it had not been for military service. This includes cost of living adjustments and length of service increases (such as longevity), and step increases. E. The returning Town employee is entitled to retirement credit as if his/her employment had continued without interruption. Section 3. Accruals & Benefits Procedures A. Employees who are called to military service pursuant to this policy shall not lose any seniority, accrued vacation leave, sick leave, personal leave, compensatory time, or earned overtime while on leave. B. For the purposes of this section, "base pay for military service" shall not include any skills pay, allowance or other stipend or benefit paid to the employee for the employee's military service. NEPBA Local 2B Agreement 07/01/24 through 06/30/27 Page 32 C. Town employees on Military leave are entitled to continue under the Town's health insurance plan as provided under USERRA, 38 USC 4317 for up to 24 months or when the employee fails to report or reapply for the position after his military service, whichever time period is lesser. D. Employees granted an unpaid military leave of absences for more than 30 calendar days must pay the full cost (100%) of the premium directly to the Town, one month in advance of coverage, in accordance with M.G.L. Chapter 32(B). E. During periods of Military leave, the Town will deduct retirement contributions from any payments of salary made by the Town to the employee that would otherwise be considered "regular compensation," and the Town will make any other retirement contributions required by law on the employee's behalf. ARTICLE XII: FAMILY AND MEDICAL LEAVE AND PARENTAL LEAVE ACT Section 1. Family Medical Leave Act A. An employee who has been employed for twelve (12) months and who has worked 1,250 hours during the twelve (12) month period immediately before the leave is to start, is entitled to up to a total of twelve (12) weeks of family medical leave in any twelve (12) month period for a qualifying reason pursuant to the Family Medical Leave Act ("FMLA"). The Town of North Andover defines a twelve (12) month period as the twelve (12) month period measured forward from the date an employee's first FMLA leave begins. The leave shall be unpaid unless the employee elects to use their accrued time concurrently with FMLA (i.e., at the same time as FMLA). Eligible spouses who work for the same employer are limited to a combined total of twelve (12) workweeks in a twelve (12) month period for the birth of a child and bonding with the newborn child and for the placement of a son or daughter with the employee for adoption or foster care and for bonding with the newly placed adopted or foster child. B. Where the need for family medical leave is foreseeable, the employee must notify the Human Resources Department and the Chief of Police, in writing, at least 30 days in advance of their need for family medical leave, including when the leave is expected to begin and how much leave is needed. Where the need for leave is not foreseeable, the employee must provide such notice as soon as possible and practical. 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. C. The employee may be required to provide a complete and sufficient medical certification within the time required under the Family Medical Leave Act to document the employee's qualifying reason for the leave. Employees taking leave to NEPBA Local 2B Agreement 07/01/24 through 06/30/27 Page 33 bond with a newborn or newly placed adopted or foster child may be required to provide documentation to confirm the family relationship. Subject to medical documentation, an employee can certify that they are needed to care for an immediate family member with a serious health condition. D. Family Medical Leave must be granted for the qualifying reasons set forth in the Family Medical Leave Act, including: i. The birth of a child and to bond with the newborn child within one year of birth; ii. The placement with the employee of a child for adoption or foster care and to bond with the newly-placed child within one year of placement; iii. A serious health condition that makes the employee unable to perform the functions of their position, including incapacity due to pregnancy and for prenatal medical care; iv. To care for the employee's immediate family member who has a serious health condition, including incapacity due to pregnancy and for prenatal medical care. The term "immediate family member" is defined in accordance with FMLA regulations (section 825.122); v. Any qualifying exigency arising out of the fact that the employee's spouse son, daughter or parent is a military member on covered active duty or call to covered active-duty status. vi. The term, "serious health condition," is defined in accordance with the Family Medical Leave Act regulations (29 CFR Sections 825.113 to 825.121.) E. Leave that is due to an employee's serious health condition (including pregnancy and childbirth), or for the employee to care for an immediate family member with a serious health condition may be consecutive, intermittent, or on a reduced hour schedule subject to medical certification. Leave for a non-birthing parent that is due to the birth of a child and to bond with a newborn child or due to the placement with the employee of a child for adoption or foster care and to bond with the newly-placed child may be consecutive or, if approved by the Chief, intermittently in blocks of time as set forth in paragraphs i. through v. below, up to a total of twelve (12) weeks: i. 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 (2) week increments of either two (2), four (4), six (6), eight (8), or ten (10) week blocks. ii. Employees who take a block of FMLA leave must work the same number of weeks that they took for the block of time before taking a subsequent block of FMLA leave, For example, if an employee-takes a block of two (2) weeks, they need to work for two (2) weeks before taking any subsequent blocks of leave, NEPBA Local 2B Agreement 07101/24 through 06/30/27 Page 34 iii. Employees must submit a comprehensive FMLA leave schedule to the Department Head or Division Director at least one (1) month in advance of the leave, unless there are extenuating circumstances. iv. If an employee elects to terminate their FMLA leave early, and they return to work, their FMLA intermittent leave entitlement ends for that particular leave request. V. All blocks of intermittent FMLA leave must be taken within twelve (12) months following the birth of the child or the placement of the adopted or foster child with the employee. F. When requesting family medical leave, the employee should state which type of accrued leave is to be utilized. An employee on leave for their own serious health condition, or to care for an immediate family member with a serious health condition, or maternity leave, or for bonding with a newborn child or a child placed in adoption or foster care, shall be allowed to use accrued sick leave for the duration of leave and may use any accrued personal and vacation leave if sick leave is exhausted, for a total of twelve weeks. Usage of leave under FMLA 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. If the employee exhausts all accrued leave and enters an unpaid status, the employee will be responsible for payment of their portion of their health insurance premium. Seniority will accrue during the term of the leave. When an employee returns from FMLA leave, they shall be restored to the same job that they held when the leave began or to an equivalent job. Employees returning from FMLA leave will be entitled to the benefits the employee accrued prior to the period of FMLA leave and such benefits must be resumed in the same manner and at the same level as when the leave began. G. The Town and the Union recognize that Section 1 of this Article is not a complete recitation of the Family Medical Leave Act. Where the language of the contract is silent, the language of the respective statute and accompanying regulations shall control. Section 2. Massachusetts Parental Leave Act Pursuant to G. L. c.149, § 105D, the Massachusetts Parental Leave Act ("PLA"), parental leave is provided to eligible employees. Both the birthing and non-birthing parent are eligible for PLA leave. Both men and women are eligible for PLA leave. For those employees who are also eligible for FMLA leave, any leave taken pursuant to the PLA shall run concurrently with FMLA leave. NEPBA Local 213 Agreement 07/01/24 through 06/30/27 Page 35 A. Employees are eligible for PLA leave for the purposes of: a. giving birth; or b. adopting a child under the age of 18; or c. adopting a child under the age of 23, if the child is mentally or physically disabled. B. The PLA does not require paid leave. An employee may voluntarily elect to use their accrued paid leave concurrently with unpaid PLA up to a maximum of 8 weeks and in the same manner as in Section 1 (FMLA), paragraph f. However, if the employee has no accrued leave, the leave shall be unpaid. C. 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. 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. D. For employees eligible for FMLA, PLA will run concurrently with the FMLA period. The total leave shall not exceed twelve (12) weeks and must be used within one year of the birth of a child or the placement of a newly adopted child with the employee. E. Under the provisions of PLA, an employee is required to provide two (2) weeks' notice of the anticipated start of the leave and to state their intention to return to work. If an employee is unable to provide two (2) weeks' notice due to reasons beyond their control, the employee shall provide notice as soon as practicable. F. Length of Leave and Pay i. 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. ii. An employee may use accrued sick, vacation, personal, and/or compensatory time concurrently with PLA leave up to a maximum of 8 weeks and in the same manner as in Section 1 (FMLA), paragraph f. iii, PLA leave may be consecutive or intermittent in blocks of time as set forth in Section I (FMLA), paragraph e, for a total of 8 weeks. G. The Town and the Union recognize Section 2 of this Article is not a complete recitation of the Massachusetts Parental Leave Act. Where the language of the contract is silent, the language of the respective statute and accompanying regulations shall control. ARTICLE XIII: UNPAID LEAVE Section A. Granting/Length. The Town Manager or his/her designee may grant an employee's request for a leave of NEPBA Local 2B Agreement 07/01/24 through 06/30/27 Page 36 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, an Officer will not accrue seniority or other benefits during his/her absence. Section D. Continuation of Health Insurance. An Officer 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, An Officer returning to work will be placed at that step of the salary schedule in which he/she left. Current pay rates will prevail for that step. Section F. Denial. Denial is not subject to grievance procedure. ARTICLE XIV: LIGHT DUTY A. The Chief of Police may offer limited/light duty to Sergeants who become injured, whether on or off duty, provided that in the Chiefs discretion there is an adequate amount of limited/light duty work available and provided that the limited/light duty assignment is consistent with the Sergeant's individual medical limitations. Examples of duties that may be assigned to Sergeants on limited/light Duty are described in paragraph 11 below. B. At the discretion of the Chief, a Sergeant on limited/light duty may be prohibited from wearing their uniform so as not to be called upon by the public to perform police duty that may jeopardize their injury. C. The Sergeant will be assigned by the Chief to a shift that in the opinion of the Chief will increase the effectiveness of the Police Department. If possible, the Sergeant will be assigned to his normal shift. D. While performing limited/light duty, Sergeants shall be paid at their regular hourly rate. NEPBA Local 2B Agreement 07/01/24 through 06/30/27 Page 37 . ......... E. A Sergeant on limited/light duty shall not be eligible for details or overtime. F. If a Sergeant whose injury was incurred on duty works less than a full week of limited duty, the Sergeant shall be considered to be on injured on duty status for that portion of the regular work week during which the Sergeant does not perform limited duty. The Sergeant shall be paid for such time in accordance with G. L. c, 41, Section 111 F. G. If a Sergeant whose injury was incurred off duty works less than a full week of limited/light duty, the Sergeant may use their individual sick time, if available, for that portion of the regular work week during which the Sergeant does not perform limited/light duty. If the Sergeant's sick time is exhausted, the Sergeant may use a combination of other forms of individual paid time off and/or unpaid time off. H. Limited/light duty shall be temporary. The duration of the limited/light duty assignment shall be determined by the Sergeant's individual prognosis. Reasonable extensions may be granted provided that the Chief determines there is an adequate amount of limited/light duty work available and there is sufficient medical documentation to support the extension. However, in no event shall limited/light duty be allowed for a period of more 180 calendar days. I. A review of the Sergeant's injury will be made periodically to determine the likelihood and the timetable for their return to full duty. The review shall consist of a review of the findings of the Sergeant's treating physician and may also consist of a functional capacity assessment and/or an examination by a physician chosen and paid for by the Town. If the two physicians' findings disagree, the Sergeant may be examined by a third physician selected by and paid for by the Town, whose findings shall be binding. If after 180 calendar days, the Sergeant is unable to return to full duty, the Chief reserves the right to return the Sergeant to injured-on-duty status or, if the injury is not work-related, the Sergeant may be permitted to use their individual sick leave or, if exhausted, other forms of individual paid time off or unpaid time off for their continued absences. J. Any Sergeant not complying with the limited/light duty provisions may forfeit compensation during the period of time they were in violation. K. Duties that may be assigned to a Sergeant on limited/light duty include, but are not limited to the following: i. Maintain and update police records, and be a report review Sergeant; ii. Update teletype information such as warrants, green sheets, etc,; iii. Assist the CID with school or neighborhood problems; iv. Transport drugs and evidence to the State lab; v. Attend and help coordinate training; vi. Assist Sergeants in writing reports; NEPBA Local 2B Agreement 07/01/24 through 06/30/27 Page 38 vii. Assist the CID with records and reports; viii. Assist the Dispatcher during peak hours or when needed; and ix. Any and all administrative, clerical or other duties that may be assigned by the Chief. L. A Sergeant who is on limited/light duty assignment may be afforded time off without loss of pay for medical examinations, treatment, and rehabilitation as needed, in connection with their injury. Such time off will be with the prior approval of the Chief (which approval shall not be unreasonably withheld), and upon the submission of satisfactory documentation detailing the necessity of such an examination, treatment, or rehabilitation, and the necessity of such to enable the Sergeant to return to full police duty as soon as possible. M. A Sergeant on limited/light duty will not replace a Sergeant on a regular schedule, N. Any dispute regarding the interpretation or application of this Article is subject to the grievance procedure up to Step 3 only. ARTICLE XV: LIMITED DUTY ASSSIGNMENT - PREGNANCY 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. 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 NEPBA Local 2B Agreement 07/01/24 through 06/30/27 Page 39 ............ . ..... 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. 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 (i.e., night shift differential) 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. 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. 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). ARTICLE XVI. PERFORMANCE EVALUATIONS A joint labor/management committee with be created for the purpose of creating a performance evaluation tool and agreement on the implementation of the performance tool before the end of this contract on 06/30/2027. ARTICLE XVII: GRIEVANCE AND ARBITRATION PROCEDURE A. Any grievance, defined as a dispute, which may arise over the application, meaning or interpretation of this Agreement, shall be settled in the following manner and shall be in writing. Step 1 :The Union representatives along with the aggrieved employee shall present the grievance to his immediate Supervisor within three (3) calendar days of the NEPBA Local 2B Agreement 07/01/24 through 06/30/27 Page 40 occurrence and every attempt shall be made to settle the grievance at this Step. If the Grievance has not been settled by the Supervisor within three (3) calendar days from the time it is presented to him, it shall proceed to Step 2. Step 2: The Union representatives, with or without the aggrieved employee, shall present the grievance in writing to the Chief within ten (110) calendar days after the response from the supervisor is due. The Chief has ten (10) calendar days from the time the grievance is presented to him to respond. Step 3: If the grievance is not adjusted in step 2, it shall be presented, in writing to the Town Manager or designee, with a copy to the Chief, within five (5) calendar days after the response from the Chief is due. The Town Manager or designee has ten (10) calendar days from the time the grievance is presented to them to arrange a meeting with Union representatives to resolve the grievance. Within four (4) calendar days of such meeting, the Town Manager or designee shall provide a written disposition. 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. Submission to arbitration shall be by letter to the American Arbitration Association with a copy to the Town Manager. B. 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 the parties. C. The arbitrator shall be without power to alter, amend, add to, or subtract from the express language of this 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. D. 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. E. The Union Grievance Committee shall be allowed access at all reasonable times to Town property and records relevant for the purposes of investigating a grievance. Employees who have not completed their twelve (12) month probationary period shall not have access to the grievance and arbitration procedure in cases of their NEPBA Local 2B Agreement 07/01/24 through 06/30127 Page 41 discipline or discharge. Only employees hired before July 1, 2021 may elect either arbitration or Civil Service Appeal procedures as their exclusive remedy in resolving issues of discipline or discharge. Employees hired after July 1, 2021 may elect only arbitration as the exclusive remedy in resolving issues of discipline or discharge. ARTICLE XVIII. DISCIPLINE AND DISCHARGE A. Employees covered by this Agreement, who have completed their twelve (12) month probationary period, shall not be disciplined or discharged except for just cause. B. Employees who have not completed their probationary period shall not have access to the grievance and arbitration procedures concerning their discipline or discharge. C. The parties have discussed and agreed that the Chief may add to the Department's Rules and Regulations the terms set forth in Attachment "A". ARTICLE XIX: STRIKES A. The Union agrees that during the term of this contract, neither the Union, its agents, nor its members, will authorize, aid or assist, instigate or engage in any work stoppage, slow- down, sick out, picketing, refusal to work or strike against the Town. B. In the event that any member of the Union violates this Article, the Town shall have the right to discipline the employee by way of discharge or otherwise and no such disciplinary action shall be subject to the grievance procedure provided for in this Agreement. Refusal to cross any picket line in the performance of duty shall be a violation of this Article. ARTICLE XX: UNION DUES The Union dues, as certified by the Union Treasurer to the Town Accountant, may be deducted on a bi-weekly basis from each employee who authorizes such deduction in writing in accordance with M.G.L. cl 80, §1 7A. The Town Accountant will transmit such payments along with an up- to-date payroll listing, to the Union Treasurer. 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. NEPBA Local 2B Agreement 07/01/24 through 06/30/27 Page 42 ARTICLE XXI: SHIFT SWAPS Shift swaps will be requested on electronically via the Department's attendance software, signed by both supervisors, and submitted to the Chief or designee for approval. Shift swaps requested fourteen (14) or more calendar days in advance shall be acted upon by the Chief or his designee within seven (7) calendar days of receipt. Requests will be acted upon as soon as possible to ensure adequate staffing. Once approved, the swapped shift becomes the responsibility of the supervisor who has swapped on it. That supervisor must appear for the shift or he/she will be docked the equivalent amount of pay. Supervisors 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. Supervisors are not restricted in the number of shift swaps. Decisions made by the Chief or designee shall be subject solely to the Step 3 grievance provisions of this Agreement. ARTICLE XXII: INJURED ON DUTY LEAVE A. Employees who sustain an injury in the performance of their duty shall be eligible to receive injured leave in accordance with the provisions of M.G.L. c4 1, §111 F, the appellate cases interpreting said section, and analogous provisions of M.G.L. cl 52. Such determinations are made in the first instance by the appointing authority, subject to recourse under the grievance/arbitration procedure. B. Employees claiming paid injured leave (including a recurrence of a prior injury) under M.G.L. c41, §100, or related applicable sections, shall be required, as a condition of eligibility for such compensation or reimbursement, to do the following: i. Provide all requested information concerning the claimed injury and provide affirmative evidence of incapacity for duty because of injury sustained in the performance of his duty without fault of his own; ii. Provide all release to the Town and its agents all relevant medical evidence and documentation pertinent to the cause, diagnosis, and treatment of the injury for which compensation or reimbursement is claimed; iii. Undergo an examination by a physician or other medical specialist designated by the employer to determine diagnosis, prognosis and recommendations for treatment, and to advise the employer concerning issues of causation; iv. Promptly notify the Town of any material change in medical condition, including, but not limited to, any hospitalization or recommended surgery; and, v. Take all reasonable steps to hasten his/her return to duty status, including avoiding work or leisure activities which could foresee ably jeopardize or slow NEPBA Local 2B Agreement 07/01/24 through 06/30/27 Page 43 his/her recovery, and adhering to all prescribed treatments and therapies. C. An employee seeking or receiving injured leave may be denied such leave for any of the following reasons: i. Attempting to deceive or mislead a physician or medical specialist concerning his case; ii. Failing to cooperate with the Town in obtaining medical or other evidence relating to his injury, incapacity and treatment, in conjunction with initial and follow-up evaluations and monitoring by the Department-designated physicians and medical professionals; or iii. Failing to make diligent efforts to comply with treatment and rehabilitation recommendations of the employee's physician or engaging in activities that will interfere with his/her prompt return to duty. D. Employees receiving paid injured on duty leave are not eligible to accrue other forms of paid leave after 180 calendar days on such leave. E. Nothing in this Article shall affect in any way the Town's ability to initiate retirement proceedings for an employee who is medically incapacitated from resuming his usual duties. F. The Union acknowledges the Town's right to monitor the rehabilitation of employees who are unable to report to work due to incapacity, with the goal of returning the employee to work as soon as the incapacitating condition allows it. Employees are obligated to cooperate in this effort. Nothing in this Section or Article shall be deemed to impair or diminish the right of an employee to examination and treatment by a physician of his/her choice. G. The Town shall provide and maintain insurance for the purpose of paying the hospital, medical, and surgical expenses incurred by an employee who is injured in the performance of his duties. ARTICLE XXIII: FIREARMS PERMITS The Town shall pay for firearms permits issued and required under M.G.L. c140, §131. NEPBA Local 2B Agreement 07/01124 through 06130/27 Page 44 ARTICLE XXI: WEAPONS PROFICIENCY A. 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. B. For weapons training sessions conducted outside scheduled work hours, patrol officers and police sergeants shall be compensated in accordance with applicable provisions of this Agreement. ARTICLE XXV: DEFIBRILLATION PROFICIENCY A. In order to enhance the level of services provided to the public by police officers as first responders, it is agreed that employees will be required, as a condition of employment, to undergo and successfully complete training in the use of defibrillators, and thereafter maintain certification for such use in the course of the regular duties. B. The initial training shall be conducted outside scheduled work hours and compensated under Article VIII, Section 8A. Subsequent training for re-certification shall be conducted during scheduled work hours, without additional compensation. ARTICLE XXVI: CANINE OFFICERS A. Canine Officers are appointed by the Police Chief, subject to the Police Chiefs discretion as to the number of canine officers required and their qualifications. All Canine Officers so assigned shall be subject to the provisions of this Article. Notwithstanding any other provisions of this Agreement, Canine Officers may be assigned to such duties as the Chief directs and may be removed from the assignment at the Chiefs discretion, B. Canine Officers volunteer for canine officer assignment and the opportunity to work with a canine partner is privilege that carries with it many benefits for persons who would seek this type of assignment. Canine Officers have opportunities to reinforce the training of their canine partners in the course of their regular duties and they are encouraged to coordinate with their supervisors to do so. C. Canine Officers are expected to spend time away from work caring for their canine partners. The Town will compensate the Canine Officer for dog care time as follows: NEPBA Local 2B Agreement 07/01124 through 06/30127 Page 45 i. "Dog care time",for the purposes of this Agreement, refers to off-duty time spent by the Canine Officer with the dog engaged in feeding, bathing, exercising, grooming, training (other than training specified in Section 4 of this Article), medicating, taking the dog to the veterinarian, and similar duties, and (ii) with or without the dog, performing tasks associated with dog care, such as setting up runs, cleaning kennels, and purchasing supplies. ii. On days when the Canine Officer is working his/her regular duty shift, the Canine Officer will be allowed to leave the shift one (1) hour early but be compensated for the entire shift. iii. On days off, the Canine Officer will be compensated for one (1) hour each otherwise uncompensated non-duty day that the dog is with him/her. The time will be considered time worked for the purpose of the overtime requirements of the Fair Labor Standards Act, to the extent it applies. This amount will not be paid on days when the dog is kenneled or in the care of another person. The Canine Officer is required to log and report to the Police Chief, or his designee, all days off that he/she does not have the dog in his/her possession. iv. The Parties agree that the compensation set forth in this Article is sufficient to compensate the Canine Officer for all activities associated with the care of the dog. If additional time is required for dog care, the Canine Officer must request such time, in advance, from the appropriate supervisor. Any such additional time will be compensated at the federal minimum wage then in effect. D. Canine Officers will be responsible for obtaining the necessary formal training and, if applicable, certifications for themselves and their canine partners. Such training will be compensated by the Town as regular duty time. Canine Officers must request training in advance from the appropriate supervisor and will be reassigned during the period of training so that training will occur as part of the Canine Officer's regular duties, as opposed to overtime. Training may be accomplished on overtime only with the pre-approval of the Police Chief. The training specified in this Section refers to formal training by a qualified, Department approved, school for canine police officers, or at the Department's option, a qualified individual trainer. E. Canine Officers will be compensated in accordance with other applicable provisions of this Agreement when assigned to special events such as canine demonstrations and DARE events, or when called in during off-duty time to perform canine police services rendered by the Department. F. The Department will cover reasonable and verified expenses for veterinary care and food for the animal. Other expenses must be approved by the Department in advance of being incurred and may include training equipment, kenneling and other NEPBA Local 2B Agreement 07/01/24 through 06/30/27 Page 46 expenses reasonably related to the canine program. G. As a condition of being assigned as a Canine Officer, a prospective Canine Officer must sign an individual agreement incorporating the provisions of this Article. H. If the Canine Officer is assigned a department vehicle for transportation of the animal, such vehicle may not be used for private detail assignments or other non- work-related purposes without the advance permission of the Police Chief or his designee. I. Canine Officers may bid shifts in accordance with Article VI. The Police Chief shall have the discretion to veto a shift pick for specific written reasons which may be appealed, through the grievance procedure, by filing a grievance at Step 2, but shall not be subject to arbitration. In the event that the veto of the shift pick is based upon the Chiefs determination that there is a need for a canine on a particular shift, or because both canine officers have bid the same shift, then the junior Canine Officer shall be reassigned. Once the bids or assignments are made, they shall remain in effect until the next shift bid. ARTICLE XXVII: STABILITY OF AGREEMENT A. No agreement, understanding, alteration or variation of this Agreement shall bind the parties hereto unless made in writing and executed by the parties hereto. B. Notwithstanding any other provision of the Agreement, the failure of the Union or Town to insist, in any one or more incident, upon performance of any terms or conditions of this Agreement shall not be considered as a waiver or relinquishment of the right of the Town or of the Union to future performance of any such terms or conditions, and the obligations of the Union and the Town to such future performance shall continue in full force and effect. ARTICLE XXVIII: UNION BUSINESS LEAVE A bank of three (3) day shall be established for use by the Union for conducting union business. The Union shall request of the Chief, or his/her designee, twenty-four (24) hours prior to the use of this leave, and state reasons for the intended use. Failure to notify in this manner will negate the leave. The Chief may deny leave for more than one person at a time if it would incur excessive overtime. Annually, by June 30, the Secretary/Treasurer of the Union shall provide the Chief with a written statement of the days taken, dates, and reasons for leave. Failure to provide this information would disallow the bank until that data is received. NEPBA Local 2B Agreement 07/01/24 through 06/30/27 Page 47 ARTICLE XXIV. USE OF NALOXONE (NARCAN) This side letter confirms the Town's understanding with NEPBA, Local 2 that unit members will be required, after appropriate training, to administer Naloxone (Narcan) as part of their regular responsibilities, without additional compensation. The Town agrees to meet with the Union, upon request, to address any questions or concerns about the use of Naloxone (Narcan). ARTICLE XXX: RESIDENCY Effective 07/01/2024, the residency limit for members of the bargaining unit is any City or Town within twenty (20) miles of any boundary of the Town of North Andover (as the crow flies), inside or outside of the Commonwealth of Massachusetts. Employees hired before 07/01/2024 shall be grandfathered in their current residency for the duration of their employment. ARTICLE XXXI: DURATION OF AGREEMENT The Agreement covers the three-year period: July 1, 2024 to June 30, 2025 (FY25) July 1, 2025 to June 30, 2026 (FY26) July 1 , 2026 to June 30, 2027 (FY27) Economic items are subject to funding by the Town. The parties understand and acknowledge that all retroactive pay items are subject to appropriation/transfer by Town Meeting. Language items will be effective on mutual ratification, except as otherwise specified. This Agreement shall remain in full force and effect until a successor agreement has been negotiated and takes effect. NEPBA Local 2B Agreement 07/01/24 through 06/30/27 Page 48 ATTACHMENT A Employees who are required to submit reports about incidents or other matters under investigation shall do so promptly, completely, and truthfully. Employees shall also be required to state the facts fully and truthfully when appearing before any judicial, departmental or other official investigation, hearing, trial or proceeding, and in all other ways cooperate fully. This section is not intended to infringe upon an employee's privilege not to incriminate himself under the Federal and State constitutions. Upon request, the employee shall have the right to have a Union representative present during any questioning, and may have counsel present whenever the matter under investigation involves a serious offense. NEPBA Local 2B Agreement 07/01/24 through 06/30/27 Page 49 ' Executed this day o 20E. TOW , OF N0 DOVER NEPBA LOCAL 2B POLICE SERGEANTS o . M lissomurphy-Rodrigues Willi-am Enright, President Town Manager 4r�m. —MeisingerBr —nd o-nT-Ja-m Human Resources Director Fredy Aldnanzar-Thomas S LEtT'BOARD T, Roache, air Zosema, rielly 4mdile Laura Bate� .,--)411, 1141Z nice Phillips David Kre-s NEPBA Local 213 Agreement 07/01/24 through 06/30/27 Page 50