HomeMy WebLinkAbout7/1/2025 - 6/30/2027 Memorandum of Agreement
Town of North Andover
And
IAFF Local 2035
FY2025 — FY2027
FY2028
1. Article VII Hours of Work and Overtime, Section 3, Call Back
Section 3a.
Replace Section a with the following language.
"There shall be one (1) Call Back list for Lieutenants and one (1) Call Back list for Fire
Fighters.
A Call Back notification shall be sent to all members of the bargaining unit at the same
time.
The Unit that is next scheduled for Call Backs has a five (5) minute period to respond to
the Call Back.
If after five (5) minutes have expired and no member of that Unit has responded, the
Call Back shall be filled on a first come, first served basis.
The Fire Prevention Lieutenant may be called only after notification of call back has
been sent to all Lieutenants and no Lieutenant has accepted after five (5) minutes.
After all other Lieutenants have been called, the EMS Coordinator is to be called back.
The parties shall meet to review the call back data at six (6) months and twelve (12)
months following the signing of this language in order to rectify and address any issues
created during the trial period. At the end of the contract this language shall be codified
with any agreed upon changes and shall be carried into the next contract.
2. Article XVII, Compensation, Section 3, Emergency Medical Technicians
Add a new letter d). "EMT pay shall be prorated for new hires and for members who
separate from the Town."
Bi-weekly pay is calculated by the following formula:
Biweekly pay = (EMT/26)
t
EMT pay is considered a stipend and is not included in the base when calculating
overtime."
3. Article XVI1, Compensation
For all articles, define the way in which the pay is calculated (i.e. formula).
• Annual Base Pay
Annual salary listed on the salary schedule.
For example, the annual base pay for a firefighter at the minimum step in FY24 is
$51,825.72.
• Biweekly Base Salary
(Employee's Annual Base Pay + Employee's Annual Longevity) /26
Example: ($66,000 annual base + $2025 annual longevity/26= Biweekly base
salary of$2,616.35
• Annual EMT Stipend (for all ranks)
(FF Max Step + (FF Max Step Shift Differential %) + (FF Max Step * Defibrillator
Compensation %)) *EMT%
Example: ($66,000 + ($66,000 * 2.5%) + ($66,000 * 3.75%)) * 10% =Annual EMT
Stipend of$7,012.50
• Defibrillator Compensation (Biweekly)
(Employee's Annual Base Pay + Employee's Annual Longevity/26) * Defibrillator %
Example: ($66,000 Base Pay + $2025 Longevity/26) * 2.5% = Biweekly defib
compensation of$65.41
• Night Differential (Biweekly)
(Employee's Annual Base Pay + Employee's Annual Longevity/26) * Night
Differential %
Example: ($66,000 Base Pay + $2025 Longevity/26) * 3.75% = Biweekly night
differential of$98.11
• Total Biweekly Salary
(Employee's Annual Base Pay + Employee's Annual Longevity/26) + biweekly defib
compensation + biweekly night differential
Example: ($66,000 + $2025/26) + $65.41 + $98.11 = Biweekly salary of$2,779.87
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® Holiday Pay (For employees who are off duty)
'/ of a week's pay (7 hours at time and one half of the employee's hourly rate)
calculated as follows:
(Total Biweekly salary/84) *1.5 * 7
Example: ($2,779.87 biweekly pay/84 * 1.5 * 7 = $347.48
• Holiday Pay (For employees who work on the holiday and those on Injury
Leave)
(Total Biweekly Salary/84) * 1.5 * 24 = $1,191.37
4. Article XVI1, Compensation, Section 1, Salary Schedule
Cost of Living Adjustment (COLA)
Fiscal Year 2025 —July 1, 2024—June 30, 2025 2.0%
Fiscal Year 2026 —July 1, 2025—June 30, 2026 3.0%
Fiscal Year 2027—July 1, 2026 —June 30, 2027 3.0%
Fiscal Year 2028—July 1, 2027—June 30, 2028 3.0%
See attached salary schedule.
5. Article XVIII, Fringe Benefits, Section 3, Sick Leave
Section a). Change the last sentence from "Three of these days..." to "Eight (8) of
these days..."
6. Article XVIII, Fringe Benefits, Section 8, Uniform Allowance
Effective July 1, 2025, the uniform allowance will be paid biweekly to all employees
immediately upon start of employment.
For example, (Annual Uniform Allowance /26 = $1,100/26).
This stipend is not included in the base pay for purposes of calculating overtime.
7. Article XVIII Fringe Benefits, Section 9, Academic Compensation
Section b) Add the following after Fire Science in three (3) places, "Fire Administration,
Emergency Management, Public Administration and Nursing effective July 1, 2025."
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8. Article XVIII Fringe Benefits, Section 11, Terminal Leave
Rename the article —"Retiree Sick Leave Payout".
Add the language to the opening paragraph, "Sick leave shifts are in 10 hour or 14 hour
increments, however, terminal leave payout is based on 10.5 hours (1/4 of a 42 hour
work week)."
9. Promotional Process, Section 2, Written Examination
2G.#3. Modify the language.
3. "The Town shall hire a vendor that has an established appeal process. The
examination shall be scored in accordance with the testing company's process."
10.Hiring Policy, Section 5, Elements of the Selection Process
Section 5, #5: At the end of the sentence "physical fitness test" add "or a
Commonwealth of Mass PAT exam".
11.NEW Article, Volunteering
Farmer's Market Volunteering. "The number of volunteers from the Union is capped at
twelve (12) volunteers 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 per the
Town's Personnel Policy."
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12.Appendix D, Family Medical Leave Act
Section 1. Family Medical Leave Act.
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.
Where the need for family medical leave is foreseeable, the employee must notify the
Human Resources Department and their Department Head or Division Director 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.
The employee shall 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 bond with a
newborn or newly placed adopted or foster child shall 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.
Family Medical Leave must be granted for the qualifying reasons set forth in the Family
Medical Leave Act, including:
• The birth of a child and to bond with the newborn child within one
year of birth;
• 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;
• 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;
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- 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);
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.
The term, "serious health condition," is defined in accordance with the Family Medical
Leave Act regulations (29 CFR Sections 825.113 to 825.121.)
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 by shift, up to a total of twelve
(12) weeks.
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.-
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.
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.
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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.
Employees are eligible for PLA leave for the purposes of:
giving birth; or
• adopting a child under the age of 18; or
adopting a child under the age of 23, if the child is mentally or
physically disabled.
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.
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.
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.
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.
Length of Leave and Pay
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.
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.
PLA leave may be consecutive or intermittent leave by shift as set forth in Section 1
(FMLA), paragraph e, for a total of 8 weeks.
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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."
13.NEW Article - Unpaid Leave
Section A. Granting/Length. The Town Manager or his/her designee may grant an
employee's request for a leave of absence without pay for medical or other reasons.
Such leave shall not exceed twelve (12) months without the express written permission
of the Fire Chief and the Town Manager.
Section B. Request. A written request seeking leave of absence will be submitted to
the Town Manager through the Fire Chief. 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. A
Firefighter/Lieutenant will not accrue other benefits like sick and vacation during his/her
absence. Seniority will not be changed as a result of an unpaid leave.
Section D. Continuation of Health Insurance. A Firefighter/Lieutenant will not be
entitled to any benefits except to continue group health insurance coverage by paying
the full monthly premium cost in advance on a monthly basis.
Section E. Return to Work/Pay. A Firefighter/Lieutenant 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.
14. NEW Article — Medical Presumptions
An employee who incurs ordinary out-of-pocket medical expenses (e.g., deductibles
and co-pays) as a result of cancer-related treatment that was submitted through the
employee's health insurance plan will be eligible for reimbursement of such expenses. A
written request for reimbursement must be made in writing to the Human Resources
Director within sixty (60) calendar days of the date the employee incurred the expense.
The request must also include the following supporting documentation:
-Documentation sufficient to demonstrate that the expense is related to a cancer
diagnosis, and
-Proof of payment by the employee.
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Approval may be given outside the sixty (60) day period for extenuating circumstance at
the discretion of the Human Resources Director.
15. NEW Article - 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.
1. PROCEDURES
1.1 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.
1.2 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.
1.3 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
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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.
1.4 Except for emergency situations, or unless precluded by military necessity or is
otherwise unreasonable, employees called for active duty must request a Military leave
of absence, verbally or in writing, for the period of the leave, or may choose to resign.
1.5 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.
1.6 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.
1.6.1 — 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.
1.7 When, according to the above policy, any leave overlaps, the time periods allowed
.for employees to be on leave will run concurrently.
2. CONSIDERATIONS
2.1 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.
2.2 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.
2.3 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.
2.4 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.
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2.5 The returning Town employee is entitled to retirement credit as if his/her
employment had continued without interruption.
3. ACCRUALS & BENEFIT PROCEDURES
3.1 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.
3.2 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.
3.3 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.
3.3 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).
3.4 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.
16.Remove Side Letter 3 and add a NEW Article XXII, Residency Requirement
(renumber current Article XXII)
"Effective upon the signing of the agreement, 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 the Commonwealth of
Massachusetts."
17.Rank of Captain
The Town shall have the authority to create a union Captain position pending
appropriation. The Union and Town will meet to discuss job descriptions.
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18.Labor Management Committee—Promotional Language
The Parties agree to the creation of a working group to work on promotional language.
In the case that new promotional language has not been agreed upon when the next
promotional exam is issued, the scoring process shall be calculated using both the
Local 2035 proposed method and the existing method and the score shall be averaged.
19.Labor Management Committee — Details
The Parties agree to the creation of a working group to discuss police details. This will
be memorialized via a side letter.
Financial Package:
FISCAL YEAR COLA Salary Schedule Increase Education
2025 2.0% No change No Change
07/01/2024-06/30/2025
2026 3.0% 2.5% No Change
07/01/2025-06/30/2026
2027 3.0% 2.0% 12/01/2026
07/01/2026-06/30/2027 Associates-$4,000
Bachelor's -$6,500
2028 3.0% 1.8% No Change
07/01/2027-06/30/2028
20. Manning
At the commencement of the day or night shifts, there shall be a minimum of nine (9)
full-time members who rotate shifts, on duty at all times, assigned to fire suppression
apparatus and equipment. In addition to these fire suppression personnel, the town will
staff a minimum of four (4) full-time members who rotate shifts and who are also
certified Emergency Medical Technicians to staff ambulance equipment.
In the event that this section of the agreement is violated due to inaction by the union
membership, no grievance shall be filed.
21. MULP-25-11221
The Parties agree with the signing of this agreement, the Town will withdraw MULP-25-
11221 between the Town of North Andover and North Andover Firefighters Local 2035.
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Salary Schedule FY2025-FY2028
FY2025
EMTStipend @
July 1,2024 2%Increase Min II III IV V VI 10% COLA/% Market EMT
1.02 0.0% 10.00%
refi hter $52,862.24 $56,339.40 $59,821.13 $ 63,723.85 $ 65,316.94 $ 67,320.00 0 .10
re Lieutenant at FF+22% $ 77,743.09 $ 79,686-67 $ 82,130.40 1.22
AS Coordinator FF+23% $ 82,803.60 $ 7,152.75 1.23
re Prevention Lieutenant LT+23% $101,020.39 1.23
dministrative Training Captain LT+23%(1) $101,020.39 1.23
i
FY2026
EMTStipend @
July 1,2025 3%Increase Min II III IV V VI 10% COLA/% MARKET EMT
1.03 2.50% 10.00%
refi hter $55,809.31 $59,480.32 $63,156.16 $ 67,276.45 $ 68,958.36 $ 71,073.09 1.025 .10
re Lieutenant at FF+22% $ 82,077.27 $ 84,129.20 $ 86,709.17 1.22
AS Coordinator FF+23% $ 87,419.90 $ 7,551.52 1.23
re Prevention Lieutenant LT+23% $106,652.28 1.23
dmi nistrative Training Captain LT+23%(1) $106,652.28 1.23
_
_ FY2027
EMTStipend @
july 1,2026 3%Increase Min II III IV V VI 10% COLA/% MARKET EMT
1.03 2.00% 10.00%
refi hter $58,633.26 $62,490.03 $66,351.86 $ 70,680.64 $ 72,447.65 $ 74,669.39 1.02 0.1
re Lieutenant atFF+22% $ 86,230.38 $ 88:386.14 $ 91,096.65 1.22
AS Coordinator FF+23% $ 91,843.35 $ 7,933.62 1.23
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re Prevention Lieutenant LT+23% $112,048.88 1.23
dministrative Training Captain LT+23%(1) $112,048.88 1.23
Plus a$10,000stipend until such time overtime compensation is available.
FY2028
EMTStipend @
July 1,2027 3%Increase) Min II III IV V VI 10% COLA/% MARKET EMT
1.03 1.80% 10.00%
refi hter $61,479.32 $65,523.30 $69,572.58 $ 74,111.48 $ 75,964.26 $ 78,293.84 1.018 0.1
re Lieutenant at FF+22% $ 90,416.00 $ 92,676.40 $ 95,518.49 1.22 I
JIS Coordinator FF+23% $ 96,301.42 $ 8,318.72 1.23 j
re Prevention Lieutenant LT+23% $117,487.74 1.23
J mi nistrative Training Captain LT+23%(1) $117,487.74 1.23
Plus a$10,000stipend until such time overtime compensations available.
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Housekeeping Proposals:
1. Entire Agreement
The Town has identified multiple typographical, grammar, spelling and formatting errors
throughout the document. The Town recommends that when the Memorandum of
Agreement is integrated into the base Bargaining Agreement (in the physical presence
of the bargaining team) errors are corrected via mutual agreement.
2. Article IV, Union Rights and Privileges
Remove the words "Civil Service".
Add the following, "All other job benefits heretofore enjoyed by the employees, either by
State statute or Civil Service (for those employees who are grandfathered into Civil
Service in the rank at which they held when the Town vacated Civil Service effective
July 1, 2023), which are not specifically provided for or abridged in this Agreement, are
hereby protected by this Agreement. All other benefits which are enjoyed by the
employees covered by this contract are hereby protected by this agreement."
3. Article VII, Hours of Work and Overtime, Section 2, Overtime
Section 2c) Delete the words "Civil Service".
4. Article XVII, Compensation, Section 7, Defibrillator Compensation
Clarify that Defibrillation pay starts immediately on first day of employment.
5. NEW Appendix Promotional Process
Add the Promotional Process to the CBA. —This is not agreement on the substantive
proposals, only adding the document as an Appendix to the CBA.
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TOWN OF NORTH ANDOVER: lAFF Local 2035:
Melissa Murphy Rodrigues
Tow M n r CId YyMcAllister
� President
Denise Y. ey J .Jmes arino
Deputy Towle"Mana�j ' /ice President
SELECT BOARD: Tim McGuire
Treasurer
Brian Roache
Chairperson Richard O'Connor
Secretary
Rosemary Connelly Smedile
nice Phillips
Laura Bate
David Kres
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TOWN OF NORTH A DOVE FIR- D-PART E T
PROMOTIONAL POLICY
Section 1: Promotional Process
A. The purpose of the promotional process is to identify the most qualified individual for promotion without
regard to personal preference, prejudice or unsubstantiated opinions.
B. The Fire Chief, with assistance from the Town Manager's Office/Human Resources (HR), is responsible
for overseeing the promotional process of sworn personnel. His/her duties shall include:
1. Posting written announcements of any promotional opportunities.
2. Coordinating with any companies or consultants contracted to participate in the promotional
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.
4. Maintaining copies of active promotional lists.
C. The initial component of the promotional process shall be a written examination administered by a
professional testing firm hired by the Town. The written examination will cost participants $150.00. The
written examination will be proctored by a representative(s) of the Town Manager's Office/HR.
D. Testing and scoring materials shall not be left unattended for any period of time. Materials not under the
immediate and direct control of the Town Manager's OfiFce/HR shall be kept in a secure area.
Promotional Materials shall be retained by the Town Manager's Office/HR for the officer's duration of
Employment. These include:
1. Interview questions and score sheets
2. Assessment Center questions, exercises, and other related materials.
Section 2: Written Examination
A. A written examination for promotion to Lieutenant will be offered on the first Monday in November on
odd years (i.e. 2023, 2025) or if the list is exhausted
1. The written exam will consist of 100 multiple choice questions developed from the posted reading
list.
2. The passing score on the written examination is seventy percent (70%).
3. Only candidates who pass the written examination will be eligible for subsequent phases of the
promotional process.
4. An examination will be considered valid if at least one (1) applicant passes the exam with a score
of seventy (70) or higher.
5: If nobody passes the examination, the examination will be offered again V7e-fcflewf ear.
B. To be eligible to sit for the.examination, a candidate must be a permanent member of the North
Andover Fire Department and meet the following criteria as of the date of the examination:
1. Lieutenant: A candidate must have a minimum of five (5) years of service in the rank of firefighter
with the North Andover Fire Department.
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C. At least six (6) months prior to any written promotional exam, the Fire Chief or the HR Department wit,
provide written notice of the upcoming examination.
1. The examination notice will include:
- a. The title of the position
b. The eligibility requirements
c. Description of the duties of the position
d. The date that the examination will be given (The exact time and location will be announced
at least forty-five (45) calendar days in advance)
e. Instructions on how to register for the examination.
f. The reading list of resource and reference materials upon which the written examination will
be based upon.
2. The examination notice will be posted conspicuously in all fire stations and sent out via email to all
employees.
a. Eligible employees who are out of work due to illness, injury, active military leave or other
long-term absences shall be mailed and/or emailed a copy of the examination notice at their
last known address or email address on file with the Town of North Andover.
D. All exam study materials will be based on the qualifications for the specific position being tested. Study
materials may include the department's standard operating guidelines (SOG's) and a reading list with
current reference books.
1. The reading list will be selected by the Fire Chief in consultation with the employees of that rank.
2. A reference book list shall be maintained at all times.
3. No changes to the reading list will be made once the announcement has been made.
4. While there may be exam questions for positions which overlap, the written examination shall
contain questions specifically designed to measure qualifications for each rank.
E. All candidates must notify the Fire Chief and the Town Manager's Office/HR in writing of their interest in
taking the examination at least sixty (60) calendar days prior to the test date.
1. Candidates must provide documentation of qualifications for the Education and Experience scores
at this time.
F. The Town Manager's Office/HR and Fire Chief, will together select a professional third-party vendor to
administer the exam.
1. The Town will follow the most current state procurement laws.
2. The Town will make every effort to ensure that there is not a conflict of interest with vendors and
town employees.
3. The name of the vendor shall not be revealed to any department employees, except the Fire Chief
and Deputy Chief, until the day after the written examination has been administered.
4. A procedure will be established by the testing firm to mask the identity of those candidates taking
the written exam.
5. The written examination will be scored by the testing firm retained by the Town.
a. The Town will request that the release of the written scores occur within seven'(7) calendar
days after the exam.
G. A candidate may appeal a question from the written examination within two (2) business days (Monday
through Friday, excluding holidays) of the examination.
1. Such appeal must be made in writing to the Fire Chief and Town Manager's Office/HR.
a. The Fire Chief and/or Town Manager's Office/HR will then transmit the appeal to the
testing firm within two (2) business days.
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2. No questions shall be thrown out or eliminated from the process. The written test will be based
upon a one hundred percent(100%) being the top possible score.
3. If the testing company determines an appeal is valid, the following criteria will be applied.
a. No correct answer to the question, all candidates will receive credit.
b. If multiple answers are correct, only those candidates who answered either correct answer
will receive credit.
c. If a candidate chose neither correct answer, no credit will be allowed.
d. If the question was not on the reading list, all candidates will receive credit.
H. Candidates will receive a written breakdown of their score from the examination within five business (5)
days from the end of the appeal process.
I. Candidates shall be advised of the result of an appeal within ten (10) business days of the Town's
receiving notice from the testing firm. The decision of the appeal shall be final.
Section 3: Education and Experience
A. The third component of the promotional process shall consist of proof of education and experience as
follows: (Max of 100 points).
1. Education - maximum of 20 points
a. Point values:
Tier 1 Associates Degree 10 points Tier 2 Associate's Degree 2.5 points
Tier 1 Bachelor's Degree or higher 20 points Tier 2 Bachelor's Degree 5 points.
Tier 1 degree is a degree in Fire Science, Public Administration, Nursing or Emergency
Management.
Tier 2 degrees are all other degrees.
b. Degrees are not cumulative. Candidate receives points for the highest degree earned and
cannot receive multiple points for multiple degrees
c. Candidate must provide a sealed, certified copy of their academic record or an electronic
record(s) submitted from the educational institution will be accepted.
d. Candidates may appeal decisions regarding education points to the Town Manager.
2. Experience-maximum of 60 points
a. Zero (0) to Ten Years of Service
1. 0.25 points per month of service in the North Andover Fire Department
b. Ten (10) to Fifteen'(15) Years of Service
1. 0.5 points per month of service in the North Andover Fire Department
c. Experience points are calculated as of the official date of the written examination.
d. For example—A firefighter with 5 years of full-time service for the North Andover Fire
Department shall receive fifteen (15) points. A firefighter with 10 years of full-time service
for the North Andover Fire Department shall receive thirty (30) points_
3. Pro Board Certifications - maximum of 14 points'
a. 2 points per Pro Board Certification
b. Certifications must be provided in accordance with Section 2E.
4. Service Credits - maximum of 6 points
See Appendix A.
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a. 0.5 points per month (4 weeks) for acting out-of-grade in the rank of Fire Lieutenant in the
Forth Andover Fire Department.
b. Points shall be given for time acting out-of-grade in the rank of Fire Lieutenant.
c. If an employee has acted out of grade for four(4) or more tours in a month, they shall
receive credit for the month. If out of grade for less than four(4) tours, no credit will be
given. For the purpose of this section, a tour is defined as twenty-four(24) hours.
B. Candidates must submit documentation for education and experience to the Fire Chief and Director of
Human Resources at least sixty(60) days prior to the written examination date.
1. Points are calculated as of the application deadline for all categories except for experience in the
North Andover Fire Department. Experience will be calculated as of the date of the examination.
C. Education and experience scores will be calculated by the Fire Chief and Town Manager's Office/HR
and posted thirty (30) calendar days prior to the test date.
1. If any errors are discovered, candidates will have fifteen (15) calendar days to request an
individual review of their score.
D. The Town will release a preliminary list based on employees' education and experience scores prior to
the written exam.
Section 4: Assessment Center
A. For the rank of Lieutenant, the Town Manager's Office/HR and Fire Chief will together select a
professional third-party vendor to administer the assessment center. The Town will follow the most
current state procurement laws.
1. The Town will make every effort to ensure that there is not a conflict of interest with vendors and
town employees.
2. A procedure will be established by the assessment firm to mask the identity of those candidates
participating in the assessment center.
B. Candidates who have received a passing score of at least 70% (seventy percent) on the written
examination will be eligible to participate in the assessment center.
C. The goal of the assessment center is to evaluate the candidates' knowledge, skills, abilities, and
personal characteristics that are directly related to the essential functions of the position to be filled.
D. Consultants retained by the Fire Chief to administer the assessment center will be responsible for the
scoring system and for establishing the passing score for the assessment center.
E. Eligible candidates will be notified in writing of the date, time, and location of the assessment center by
the Fire Chief and/or Town Manager's Office/HR.
F. The Town will be responsible for the cost of the Assessment Center.
G. A candidate may appeal any component of the assessment center.
1. Such appeal must be made in writing to the Fire Chief and Town Manager's Office/HR within
seven (7) business days of the completion of the assessment center. The Fire Chief or Town
Manager's Office/HR will transmit the appeal to the company administering the assessment center
within two (2) business days.
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2. The candidate shall be notified of the result of the,appeal within ten (10) business days of the
Town's receipt of the appeal. The decision shall be final.
>ection 5: Scoring and Establishment of the Promotional List
A. The promotional list shall be established based on the following weighted components.
1. For the rank of Lieutenant:
a. Written Examination Score 60%
b. Education and Experience Score 20%
c. Assessment Center Score 20%
B. If a candidate has twenty (20) or more years of service with the North Andover Fire Department on the
date of the examination, one (1) additional point will be added to their overall score.
C. If a candidate is a Veteran, two (2) additional points will be added to their overall score.
1. Massachusetts General Law, Chapter 4, Section 7, clause 43 as amended by Chapter 116 of the
Acts of 2004 currently defines a veteran as a person who had one of the following:
a. 180 days of regular service and a last discharge or release under honorable conditions, or
b. 90 days of active-duty service, one (1) day of which is during "wartime", and a last
discharge or release under honorable conditions.
2. A candidate's DD214 should be submitted with the Education and Experience documentation
sixty (60) days prior to the written examination date.
D. The promotional list will be established after the assessment center appeal period has expired.
1. Each candidate shall be mailed and/or emailed their final scores and rankings.
2. Once established, the list shall remain valid for no more than two (2) years from the date it was
established.
3. Once the list is expired, no promotions will be made until a new list is established.
Section 6: Selection Process
A. The Fire Chief 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 filed.
1. . 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
the purposes of selecting from the top two candidates eligible for promotion.
2. 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.
3. The same standard would apply for candidates tied with the second highest and third highest
scores.
B. The Fire Chief reserves the right to convene an interview panel comprised of panelists of his/her
choosing to interview the candidates and make recommendations regarding the applicants.
1. This process shall take place after the assessment center component is completed.
2. The Fire Chief may consider a candidate's interview performance when determining the final
selection of a candidate for promotion.
3. At least seven (7) business days prior to the interview panel (if applicable) applicants will submit a
resume, any pertinent certifications, and/or educational degrees.
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C. The Fire Chief shall evaluate each candidate's record of service considering factors including:
1. On the job performance;
2. Training;
3. Leadership qualities;
4. Attendance record;
5. Personnel file;
6. Disciplinary record;
7. Work ethic, positive attitude, and personal initiative; and
8. The parties agree that any factor used by the Fire Chief will be applied equally across the board to
each candidate.
D. Candidates may submit materials related to the above criteria to the Fire Chief for their review to
supplement the department's personnel records.
E. The Fire Chief is the appointing authority and shall determine the final selection of a candidate for
promotion.
1. After the Fire Chief makes a final decision as to which candidate to appoint, he/she will notify all
eligible candidates of the person selected for promotion.
2. The Fire Chief shall provide a reasonable justification, supported by credible evidence, for bypass
of a candidate for a lower ranked candidate.
3. The Fire Chief shall provide written reason for bypass in all such cases.
4. In all such cases, and in the event of an appeal, the Fire Chief shall be prohibited from relying
upon any reason not included in the bypass letter.
5. Candidates not recommended for promotion may, at their discretion, arrange a meeting with the
- Fire Chief to review their performance within the promotional process to identify how they may be
more successful in future promotional efforts.
Section 7: Appeal Process
A. Bypass Appeals
1. Candidates bypassed for promotion who wish to appeal the Fire Chiefs selection process may do
so.on an individual basis.
2. 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 appeal.
3. Individual bypass appeals shall follow a process similar in nature to bypass appeals adjudicated
by the Massachusetts Civil Service Commission.under MGL c. 31, but shall be processed in
accordance with the contractual grievance procedure, commencing at step 3.
4. The parties agree that except as specified in section 7(A), grievances and arbitration shall be
limited to alleged violations of certain sections of the Promotion Process [Section 1-61 provided
that any grievance filed by the individual involving, but not limited to, Section 4 (G), 6 (B), (C), (D),
and (E—subsection 2,3,4) cannot involve the content of the written examination, assessment
center, or the evaluation of the candidate's service record, only the procedures by which they are
administered.
5. Individual grievances shall be filed in accordance.with Article XX, Arbitration Procedures of the
Collective Bargaining Agreement within fifteen (15) calendar days after the individual bypassed for
- promotion receives the written reason(s) for bypass. Submission to arbitration shall be by letter to
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the American Arbitration Association with a copy to the Fire Chief. The parties to such arbitration
shall be the individual, appealing officer and the Town.
6. The promotional process will not be delayed or held in abeyance pending any employee appeal or
Union grievance.
7. Consistent with the authority of the Civil Service Commission in its adjudication of promotional
bypasses, the arbitrator only shall have the authority to place the grievant at the top of any current
and all future promotional lists for the position he/she was bypassed for until such a time as they
are promoted or bypassed.
8. Under no circumstances, however, will an arbitrator have the right to order or compel the Town to
promote a particular candidate.
- Rernainer of Page Intentionally Blank
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APPENDIX A
National Board on Fire Service Professional Qualifications(Pro Board)
International Fire Service Accreditation Congress(IFSAC)
Massachusetts Fire Training Council
Massachusetts Credentialed Courses
Driver/Operator—Aerial
Driver/Operator—Pumper
Firefighter 1/II
Fire Instructor I
Fire Instructor II
Fire Officer I
Fire Officer 11
Fire Prevention Officer-Credentialed Level 1
'ire Prevention Officer—Credentialed Level 2
Hazardous Materials Operations Level.Responder(OLR)
Hazardous Materials Technician
Incident Safety Officer: Fire Suppression
Incident Safety Officer: Hazardous Materials Operations
Technical Rescuer: Confined Space Rescue 1/11
Technical Rescuer: Rope Rescue 1/I1
Technical Rescuer:Surface Water 1/11
Technical Rescuer:Swift Water 1/11
Technical Rescuer:Trench Rescue [/II
Created: April 10, 2023
Revised: May 02,2023
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