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HomeMy WebLinkAbout7/1/1995-6/30/1998 Y 1 I ' 1 AGREEMENT between the TOWN OF NORTH ANDOVER and the NORTH ANDOVER POLICE LIEUTENANTS Effective July 1, 1995 Expiration June 30,1998 f 1 - L _ - to TABLE OF CONTENTS SECTION 1 RECOGNITION PAGE 2 Item A Lieutenants recognition Item B Good faith clause Item C IBPO recognition Item D Bargaining unit discription Item E Anti-discrimination clause SECTION 2 EMPLOYEE RIGHTS PAGE 2 SECTION 3 PRESERVATION OF RIGHTS PAGE 2 Item A Rights.and privilages remain in effect SECTION 4 MANAGERIAL RIGHTS PAGE 3 Item A Regular and customary management SECTION 5 GRIEVANCE PROCEDURE PAGE 3 Item A Definition of grievance Item B Grievance steps Item C Establishment of Executive Board PAGE 4 SECTION 6 SALARY SCHEDULE PAGE 4 SECTION 7 WORK SCHEDULE PAGE 5 Item A 4 and 2 schedule Item B.8.5 hour day Item C Hourly rate computation Item D Administrative 5 and 2 schedule/ 17 days Item E Weekly pay computation, Item F Overtime computation Item G Retirement-pay included SECTION 8 STEP RATE INCREASE PAGE 5 Item A Step rate due date Item B Right of appeal PAGE 6 Item C Right to reconsideration s Item D Promotion increase must equal$100.00 Item E Step rate in 6 months from "D" Item F Entrance to higher rate SECTION 9 NIGHT DIFFERENTIAL PAGE 6 Item A Rates/percentages 1 i I } SECTION 10 LONGEVITY PAGE 7 1 Item A Payment schedule Item B Eligibility/pro-rating Item C Re-employment, 5 year clause Item D Interrupted service Item E Longevity as base pay SECTION 11 EDUCATIONAL INCENTIVE PAGE 7 Item A Quinn Bill Item B Tuition reimbursement SECTION 12.STATION OVERTIME PAGE 8 Item A Establishes time and one half rate Item B Mandatory call-in Item C No forced overtime Item D Compensation time Item E Assignment of station shifts SECTION 13 OUTSIDE DETAILS PAGE 8 Item A Rate of pay Item B Weekend,holiday rate of pay Item C Command of detail PAGE 9 Item D Distribution of outside details Item E Protection under 41-100 Item F Donation of time Item G Authority to set detail policy Item H No forced work SECTION 14 STRIKE DETAIL PAGE 9 Item A Strike rate SECTION 15 COURT APPEARANCES PAGE 9 Item A District court rate Item B Superior Court rate PAGE 10 Item C Six man jury rate Item D Civil proceedings rate Item E Witness fees Item F Continuous work Item G Non-criminal hearings Item H Effective date SECTION 16 HOLIDAYS PAGE 10 Item A Payed Holidays Item B Method of payment Item C Absent from work Item D Holiday during vacation PAGE 11 1 ii. r � SECTION 17 PERSONAL DAYS PAGE 11 Item A Number of days SECTION 18 VACATION LEAVE PAGE 11 Item A Vacation eligibility Item B Death benefit Item C Dismissal/retirement Item D Use as sick time Item E Holiday during vacation PAGE 12 Item F Credit date Item G Accumulated vacation SECTION 19 SICK LEAVE PAGE 12 Item A Rate of accumulation Item B Unused leave credited Item C Application for additional leave Item D Reporting Item E Physician's certificate Item F Medical exam ordered Item G Restriction on use Item H Clip 41 sec 100 (� SECTION 20 BEREAVEMENT LEAVE PAGE 13 Item A Conditions of use SECTION 21 ANNOUNCED RETIREMENT PAGE 13 Item A Lump sum.payments SECTION 22'TERMINAL LEAVE PAGE 13 Item A Computation of payment Item B.Treatment of compensation Item C Payment schedule Item D Continued health insurance PAGE 14 SECTION 23 INJURY LEAVE PAGE 14 .Item A Line of duty full pay Item B Medical expenses incurred Item C Accumulate sick leave Item D Accumulate vacation n iii. r � SECTION 24 UNIFORM ALLOWANCE PAGE 14 Item A required equipment Item B Receipt of allowance PAGE 15 Item C Schedule of allowance Item D Responsibility for department specifications Item E Change in uniform Item F Damaged articles/replacement SECTION 25 LIABILITY INSURANCE PAGE 15 Item A Limits of coverage SECTION 26 ADMINISTRATIVE ASSIGNMENTS ' PAGE 15 Item A Division commander/vehicle Item B Division commander/differential SECTION 27 PERFORMANCE EVALUATION PAGE 15 Item A Agreement to use Item B Document in use PAGE 16 Item C Training for raters Item D Frequency of evaluation Item E Non-punitive Item F Effective Date SECTION 28 DRUG TESTING PAGE 16 nItem A Agreement to testing Item B Document in use/conditions SECTION 29 WORKING CONDITIONS PAGE 17 Item A Mutual enforcement of safety rules Item B Vehicle.standards . Item C Vehicle insurance Item D Repair work Item E Professional training/conditions Item F Babson College Item J Health and medical insurance Item G Staff Meetings SECTION 30 LEAVE OF ABSENCE PAGE 17 -- Item A Granting and length of leave Item B How to request PAGE 18 Item C No break in service Item D Continuation of health insurance Item'E Return to work/pay Item F Denial SECTION 31 DURATION OF AGREEMENT PAGE 18 iv. SECTION 1 RECOGNITION: [A] The Town of North Andover recognizes the North Andover Police Lieutenants for the purpose of negotiating wages, hours of work and all other conditions of employment. [B] The Town of North Andover, through its agents) and the Police Lieutenants agree to negotiate and bargain in good faith as allowed.by Federal and State laws. . [C] The Town-of North Andover,also, recognizes the International Brotherhood of Police Officers, hereafter referred to as theJBPO;as the exclusive bargaining agent for the purpose of collective bargaining relative to wages, hours and other conditions of employment of all employees covered by this Agreement and employed by the Police Department. The Municipal employer, the Chief of Police and the IBPO agree not to discriminate against employees covered by this agreement due to membership or non-membership in the IBPO. [D] The unit to which this agreement is applicable consists of all full time sworn police officers with rank of Lieutenant or higher and specifically excludes patrol officers, sergeants, chief, executive officer, special police officers, reserve police officers, auxiliary officers, community service officer and all civilian employees of the police department. [E] The Municipal employer, Police Chief and the IBPO agree not to discriminate in any way against ^ employees covered by this agreement because of race, religion, creed, color, national origin, sex . ` J or age. SECTION 2 EMPLOYEE RIGHTS: All job benefits heretofore:;enjoyed by the employees, either by State Statute, Personnel By-Law or Civil Service, which are not specifically provided for or abridged in the agreement are hereby protected by this agreement. Where subject matter is covered by both this agreement and Personnel By- law, the language of the agreement shall control. All other benefits which are enjoyed by the employees covered by this agreement are hereby protected by this agreement. SECTION 3 PRESERVATION OF RIGHTS: [A] The Town of North Andover agrees that all rights and privileges previously and currently enjoyed by the Lieutenants will remain in effect unless'specifically abridged or modified by the contract agreement. 2 r n SECTION 4 MANAGERIAL RIGHTS: [A] Except as expressly limited by provision of this agreement or by Statute, the Union recognizes and agrees that the Town shall continue to have the right to take action it deems appropriate in the regular and customary management of the Department. SECTION 5 GRIEVANCE PROCEDUREAND ARBITRATION:, [A] Any complaint, dispute or controversy of any kind which arises between one or more employees and the Town of North Andover or its agents shall be processed in step 1 and 2. For the purposes of a grievance processed beyond Step 2, a grievance shall be defined as a complaint between the Town and the Union and/or any employee involving only an interpretation of a specific provision of this Agreement. [B] A grievance must be presented within thirty [30] days of the time of occurrence of the alleged contract violation or within thirty [30] days of the time the :employee should reasonably,have acquired knowledge of the incident giving rise to the violation or within.thirty [30] days of the dispute or controversy and must be processed in accordance with the steps, time limits and conditions set forth below in this Section. Time limits may be waived or extended by agreement in writing by both parties. An aggrieved employee(s) may have a union representative at and participating in any level of the following procedures: Step 1. The employee shall submit his grievance in writing to the IBPO Local Grievance Executive Board who shall determine justification for the complaint. In making such determination, the.Board may discuss the grievance with the employee's immediate supervisor. Step 2. If the grievance is unresolved, the Union, through its Grievance Board, shall submit the grievance in writing to the Chief setting forth the nature of the grievance. The Chief shall have fifteen [15] days, exclusive of Saturday and Sunday,to answer the grievance. Step 3. If the Union is not satisfied with the Chief s decision the grievance shall be appealed in writing within ten [10] days to the Town.Manager. Step 4. If the grievance is not resolved at step 3, the Union and only the Union, may within 15 calendar days after the reply of the Town manager is-due, submit the grievance to arbitration by sending a letter to the American Arbitration Association with a letter to the Town Manager. The arbitrator shall be selected and the arbitration shall be conducted in accordance with the rules of the American Arbitration Association. Expenses for the arbitrator's services shall be shared equally by both parties. 3 n The arbitrator shall be without power to alter, amend add to or subtract from the express language of the agreement. The decision of the arbitrator shall be final and binding on the parties. Money awards resulting from a decision of the arbitrator shall in no case be retroactive prior to the date of submission of the grievance in writing to the Union. A grievance shall be deemed waived unless presented to the next higher step within the time limits so provided unless such time limits for.filing a grievance are extended by mutual agreement of the parties. "Calendar" days as used in this Article shall not include Saturday or Sunday for purposes of the time limits under the grievance procedure. The grievance committee shall be allowed access at all reasonable times to Town property and records relevant for the purposes of investigating a grievance. [C] The parties in this Agreement have agreed to set up an Executive Board to screen all grievance or complaints for the merit of the grievance. The board shall be made up by the members of the Bargaining unit and shall consist of four lieutenants. The current President of the local shall sit as the Chairman of the Board and vote in the event of a tie vote. SECTION 6 ,�+►� SALARY SCHEDULE: Based on 42 hours per work week. 52.143 week in a year. t 1 [A] Lieutenants shall receive compensation in accordance with the following salary schedule: Salary Schedule Effective July 1, 1995—. 2% increase over previous schedule at all steps. Lieutenants Step I Step II Step III Max Yearly 41,955.67 44,721.10 47,912.66 50,596.14 Hourly 20.18 21.51 23.04 24.33 Effective July 01, 1996-3% increase for all pay steps. Lieutenants Step I Step II Step III Max 43,214.34 46,062.74 49,350.03 52,114.02 20.78 22.15 23.73 25.06 Effective July 1, 1997-4% increase for all pay steps. Lieutenants Step I Step H Step III Max 44,942.91 47,905.24 51,324.04 54,198.58 21.61 23.04 24.68 26.06 n 4 SECTION 7 1\ 1 WORK SCHEDULE: [A] 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. [B] The regular workday shall consist of eight and one-half (8.5) hours including.fifteen (15) minutes before the scheduled-shift starting time and (15) minutes following the scheduled shift ending time:,No overtime shall be:incurred as,,a result of.thesefifteen minute periods before,and, after the scheduled shift notwithstanding any,provision to the contrary in this Agreement.. [C] The hourly rate shall be computed by dividing the annual salary, as specified in the Salary Schedule by 2074 hours (8.5 hours x 244 days). The overtime rate of pay shall be one and one- half(1.5)times the hourly rate. [D] Notwithstanding the foregoing provisions and to the contrary,the Police Chief reserves the right to assign employees in administrative and specialist positions to a five (5.) consecutive day schedule where said schedule is determined by the Chief to best serve-the Town. In such cases, the employees working the 5-day work schedule shall receive two (2) consecutive days off and, in addition, shall in each fiscal year, receive seventeen (17) compensatory days off. These additional.days will be credited on January 1st of each year and will be subject to prorating only in the event of separation from employment. [E] Weekly pay will be computed by dividing the yearly salary by 52.143. In any event,Lieutenants' total base pay will be equal to the yearly rates established in the Salary Schedule of this contract. The average weekly hours worked will equal 39.775 hours per week and will be computed by dividing the hourly rate into the:weekly base salary. [F] In accordance with,Federal and,State Wage Laws;.longevity, differentials and incentive pay will be computed into the overtime rate. [G] In accordance with all Federal, State and Essex County, laws, rules, regulations and procedures the following payments will be treated as base pay which will computed as compensation for pension and retirement purposes; straight time, holiday pay, sick pay, vacation pay, longevity pay and differential pay. SECTION 8 STEP RATE INCREASE: [A] Any Lieutenant with continuous full-time employment shall receive the increment between his 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 he attains the maximum rate.of the range of the compensation grade to which his position class is assigned. 5 1 3. The increase in rate which this increment represents must be recommended by the Chief of Police and approved by the Town Manager. 4. The increase shall be based on performance of the employee during the preceding six(6) month or twelve(12)month period and not solely on length of service. [B] Any Lieutenant who is not recommended to receive the increment shall have the right to appeal to the Town Manager. Upon receipt of such appeal,the Town Manager may initiate and approve the increment without the recommendation of the department head after hearing both the employee.and the:department head,.or may deny the appeal. The decision of the Town Manager shall be final. [C] A newly promoted Lieutenant denied an increment after six(6) months continuous employment shall be considered again for such increment following completion of an additional six (6) , months continuous employment. [D] An newly promoted Lieutenant receiving a promotion to a vacant position or to a new position, shall be upon assignment resulting from such promotion receive the rate in compensation grade of the vacant or new position next above his 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.the.Chief of Policesupported 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 9 NIGHT DIFFERENTIAL: [A] Lieutenants regularly assigned to work the early night shift.shall be paid a differential payable weekly and computed on their regular weekly.salary. Employees:regularly.assigned to,work the late night shift shall be paid a differential payable .in the same manner. Said night shift differentials shall be payable separate and apart from the base pay but shall be included in overtime pay and shall not be paid to employees in sick leave or injured leave. Differentials will be paid as follows: During the term of this contract- 5%Early night; 6%Late night. 6 1 SECTION 10 LONGEVITY: [A] A Lieutenant who has been in continuous full-time employment shall be paid, in addition to the compensation received under the present plan, an annual increment determined as follows: Length of Service Over 5 but not over 10 years $325.00 Over 10 but.not over 15 years 675.00 Over 15-but not over 20.years 725.00 Over 20 but not over 25 years 775.00 Over 25 years 825.00 [B] Lieutenants will become eligible for longevity increments on the 5th, 10th, 15th, 20th and 25th anniversary date of his employment; and the amount of increment to which he or she is entitled for the then current fiscal year will be determined by pro-rating the annual increment or increase in that fiscal year in two payments of equal amounts. [C] Any Lieutenant who qualifies for longevity compensation and then leaves the employ of the Town shall not be entitled to such compensation if re-employed until a new five year period of continuous full-time employment has been served, except for authorized leave of absence.[see section 27] [D] If the service of a Lieutenant is interrupted by lay-off, military service, or other reason not resulting from the employee's own action,total service will be considered as continuous service. [E] Longevity payment shall be included,as-part of base.pay for overtime and other purposes, and shall also belreated as part of compensation for pension and retirement purposes. SECTION 11 EDUCATIONAL INCENTIVE: [A] A stipend shall.be paid to all employees who qualify and who are approved by the Board of Higher Education in the amount approved by said Board under the "Quinn Bill"Act, accepted by the Town Meeting of March, 1973. Beginning 07-01-94 this stipend shall be paid weekly to qualified employees. By 12-31-94 the town agrees to pay 50% of the stipend owed from the previous year. The town further agrees to pay the.remaining 50% of the stipend owed in three equal payments no later than December 31, 1995, 1.996 and 1997. These payments shall be based on the rate of pay at the time the payment is made. [B] Any Lieutenant that has completed five [5] full years of service shall receive educational reimbursement for all courses, certifications, diplomas and degrees taken by the individual Lieutenant that will advance his/her administrative, management and police skills within the n Department. Conditions for reimbursement will be effective 07-01-95 and will be as follows: 7 r r 1. Reimbursement will be provided, in accordance with provisions of this section, provided the employee receives an advanced favorable recommendation by the Chief of Police and approval by the Town Manager,subject to the appropriation of funds. 2. Course must be offered outside normal working hours. Hardship cases may be discussed with approving authority in section 1. 3. Course contents must be job-related and approved. 4. Course cost must be approved in advance. 5. Educational reimbursement of 100%will be made for registration fees, books and tuition based on passing grade of C or better. 6. Grade and payment certification is required before reimbursement. 7. Employee will be obligated-to remain in the Town employment for six months after completion.of the course, or full.reimbursement for the last courses will be deducted from final paycheck at time of termination. SECTION 12 STATION OVERTIME: [A] 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 rate.of pay. 1. Time worked in excess of the normal tour of duty on any work day shall be considered overtime and shall be paid at the time and one half rate. [B] All mandatory call-in shifts for all officers will be paid at time and one half and a minimum shift .of 3 hours. [C] No Lieutenant shall be forced to.work overtime except in the case of a declared emergency. [D] In the event.that the'Lieutenant chooses time off,in lieu of payment he/she-.shall be granted time off at a rate of time and one half under the following conditions. 1. Compensation time will be taken under the same guidelines as vacation time. [E]- The Chief of Police maintains the right to assign station overtime in accordance with the needs of the Department, however, every effort should be made to distribute station overtime evenly among all Lieutenants. SECTION 13 OUTSIDE DETAILS: [A] All outside occasional details exclusive of strike detail shall be paid at the rate of$25.00 per hour with a four hour minimum; over four hours paid for eight hours, over eight hours paid for a minimum of twelve hours;and shall be assigned by the Chief,or his designee. [B] Saturday, Sunday and holiday details shall be at 1 and 1/2 times the detail rate or $37.50 per hour. 8 n [C] When a detail of four or more officers below the rank of Lieutenant is established for non-town related functions, a Lieutenant shall be assigned to command that detail at 1 and 1/2 times the detail rate. [D] The Lieutenants seek fair and equitable distribution of all outside details to every full-time sworn member of the Police Department. To this end the Lieutenants recognize and accept the North Andover Police Union/Association's vote of June 199.1 to establish a seniority list that integrates Lieutenants for the purpose of distributing detail overtime based on length of full time service. [E] Any Lieutenant.who-performs a detail.described in:this .section shall be protected-by.M.G.L. Chapter 41 section 100, as amended. [F] The Lieutenants reserve the right to donate their time to certain non-profit Town sponsored functions on a case by case basis. This section does not reduce or negate the provisions of M.G.L. 41 section 111F. [G] With the exception of the conditions of this section the Chief of Police or his designee maintains the authority to set outside detail policy,procedures and regulations. [H] No Lieutenant will be forced to work detail overtime. Except in emergencies declared by the Chief of Police. SECTION 14 STRIKE DETAIL: [A] Lieutenants assigned to strike details will be compensated at the rate of$60.00 per hour, with a four hour-minimum; over four hours to equal eight hours; over eight hours,to,equal twelve hours. SECTION 15 COURT APPEARANCES: A Lieutenant who is in an off duty status or on vacation, or on a day off,who attends as a witness or in any capacity for, or on behalf of the Commonwealth, or the Town, in a criminal or other matter including civil, pending in any court of the Commonwealth, or before a Grand Jury proceeding, or in conference with a District Attorney, or Assistant District Attorney, or at any pre-trial court conference or _:.. any other related hearing or proceeding; or who is required or requested by any City, County, Town, State, or the Federal Government or subdivision or.Agency, Board, Commission, Division, Authority, Tribunal or Official of the State or Federal Government or subdivision or agency of either such government, or in any other capacity for or on behalf of the government of the United States or the Commonwealth or town in a criminal or other matter including civil, pending in a federal district court or before a federal grand jury proceeding or a United States commissioner or in conference with the United States attorney or any federal court proceeding shall be entitled to and shall receive compensation as follows: [A] Lieutenants appearing in District Court, when assigned, will be paid one and one-half tunes their regular hourly rate for each hour in attendance with a minimum of three hours pay. 9 n [B] Lieutenants appearing in Superior court will be paid one and one half times their regular pay for each hour in attendance with a minimum of six hours pay. [C] Lieutenants appearing at six persons jury proceeding, when assigned, will be paid regular pay for each hour in attendance with a minimum of eight hours pay. [D] Lieutenants appearing in any court of law, when summoned or subpoenaed for actions taken in official capacity as'a North Andover Police Officer for civil proceedings will be paid one and one half times their regular pay-for each hour in attendance with a minimum of six hours pay. [E] All witness fees received by a Lieutenant will be turned into the Chief s office. [F] If a Lieutenant is required to remain in court or at any proceeding as outlined in item [A] of this section, after One P.M. [1:00 P.M.] and who has worked a late night shift continuous to the aforementioned proceeding and is scheduled to work the early night shift within the same twenty-four [24] hour period, shall have the option to work the scheduled shift or to have the night off in lieu of pay for the court appearance. [G] The Chief of Police shall maintain the right to assign the Court Officer or other individual to sign and process at non-criminal hearings for all traffic violations. [H] The effective date for court appearance pay shall be the date of the signing of this agreement. SECTION 16 HOLIDAYS: [A] The following days shall be recognized as paid holidays above and beyond the payments stated in the salary schedule of this contract. New Year's day Labor Day Martin Luther King Day Columbus Day Washington's Birthday Veteran's Day Patriot's Day Thanksgiving Day Memorial Day Christmas Day Independence Day [B] Method of Payment will be based on the hourly rate in the "Salary Schedule"; 1) Any Lieutenant who is scheduled and works any of the above holidays will receive his regular days pay equal to 8.5 hours and time and one half for 8.5 hours. 2) Any Lieutenant on a scheduled day off or requested day off during any of the above holidays will receive his regular day's pay and an additional day's pay equal to 8.5 hours. n [C] When a Lieutenant is absent from scheduled work due to a non- occupational illness or accident he shall be paid for the holiday as described in B-2 of this Section. 10 t n [D] An employee.shall be granted an additional day of vacation if, while on vacation leave, a designated holiday occurs which falls on a day of the work week.[See vacation leave] SECTION 17 PERSONAL DAYS: [A] Lieutenants shall be entitled to four (4) personal daysper year, not deducted from sick time and credited on January 1 st of each year. Two Personal days may be used to extend vacations with two weeks notice and approval. One day may be takenwithfour,hours notice;three days may be taken with 24 hours notice. This requirement will be waived in the event of a documented medical emergency of the Lieutenant or an immediate family member. SECTION 18 VACATION LEAVE: [A] A Lieutenant is continuous service shall be granted vacation with pay on the following terms: 1. Any Lieutenant who has completed six months of service shall be entitled to one week of vacation with pay. 2. Any Lieutenant who has completed one year of service shall be entitled to two weeks of vacation with pay. (� 3. Any Lieutenant who has completed five years of service shall be entitled to three weeks of vacation with pay. 4. A Lieutenant who has completed ten years of service shall be entitled to four weeks of vacation with pay. 5. A Lieutenant who has .completed fifteen years of service shall be entitled to five weeks vacation with pay. [B] Upon the death of a Lieutenant who is eligible for vacation under these rules, payment shall be made to the estate of the deceased in the amount equal to the vacation year prior to the employee's death but which had not been granted. In addition, payment shall be made for that vacation allowance earned or would have been earned as per [A-1 to 5] of this section in the vacation year during which the employee died. [C] Lieutenants who are eligible for vacation under these rules and whose services are.terminated by dismissal through no fault or delinquency of their own, or.by retirement, or by entrance into the armed forces, shall be paid an amountequal to the vacation year prior to such dismissal, retirement, or entrance into the armed forces. In addition, payment shall be made for that portion of the vacation allowances earned in the vacation year during which such dismissal, retirement, or entrance into the armed forces occurred up to the time of employee's separation from the payroll. . [D] Absences caused by sickness in excess of that authorized under the rules therefore, or for ' 1 personal reasons as provided for under other leave may, at the discretion of the Chief of Police, be charged to vacation leave. I1 n [E] An employee shall be granted an additional day of vacation if, while on vacation leave, a designated holiday occurs which falls on a day of the work week. [F] One week of vacation shall consist of five (5) work days. Vacation will be credited each year on the permanent appointment date of each Lieutenant. [G] Vacation time can be accumulated and carried into the.next fiscal year at a rate equal to twice the number of days allowed under item [A],#'s 1-5. [see injury leave for exception] SECTION 19 SICK LEAVE: [A] A Lieutenant in continuous service who has completed six months of service shall be allowed six (6) days leave with pay and there after shall be allowed leave of one and one-quarter(1.25) days for each month of service, provided such leave is caused by sickness or injury or by exposure to contagious disease. [B] Lieutenants 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, a Lieutenant may make application of additional allowance to that provided under n sub-section(A). Such application shall be made to the Town Manager who is authorized to grant such additional allowance as he may determine to be equitable after reviewing all circumstances including the employee's attendance and performance record prior to conditions supporting his request for the additional allowance. [D] Sick leave must be:authorized:by the Chief of Police 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 four days.absence to the Chief of Police before leave is granted under the provisions of this section. This certificate shall be forwarded by the Chief of Police to the Town Manager. [F] - The Town Manager may, of his own motion, require a medical examination of any Lieutenant who reports his inability to report for duty because of illness that has lasted longer than four days. This examination shall be at the expense of the Town by a,physician appointed by the Town Manager. [G] Injury, illness or disability, self-imposed, shall not be considered a proper claim for leave under this section. [H] Nothing in this section shall be construed to conflict with Section 100 of Chapter 41 of the General Laws. n 12 � t SECTION 20 1 BEREAVEMENT LEAVE: [A] Emergency leave up to five (5) working days will be granted for death in an employee's immediate family, to include wife, husband, child, parent of either spouse, brother, sister, brother-in-law, sister-in-law, grandparents, grandchildren and persons in the immediate household. SECTION 21 ANNOUNCED RETIREMENT:, [A] Any Lieutenant who is eligible for retirement and announces his retirement 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,which will be treated as part of compensation for pension and retirement purposes. SECTION 22 TERMINAL LEAVE: [A] Any Lieutenant whose service is terminated by retirement or death shall be allowed.a portion of his accumulated sick leave as terminal leave. The following formula shall be used in computing the amount of terminal leave to be allowed a retiring or deceased Lieutenant. . n 1. Eligible for retirement in accordance with the criteria, rules and regulations as set forward by the Essex County retirement Board. 2.. A Lieutenant who qualifies for terminal leave shall be entitled to compensation for accumulated sick leave for:up to 60 days of said sick leave. Accumulated sick leave will be paid at a rate equal to the Lieutenant's current days-pay, per "Salary Schedule" at the time of separation. [See Section 21-B] 3. In addition, any eligible Lieutenant can receive compensation for up to a total of 120 additional accumulated sick days and will be at 50% compensation based on 8.5 hour days as specified under Section 7 "Work Schedule". [B] Contrary to any other Section or subsection contained within this.contract and.in'accordance with all Federal, State and Essex County laws, rules,-regulations and .procedures the following payments will be treated as base pay and as part of compensation for pension-and retirement purposes; straight time, holiday pay, Quinn Bill, vacation pay, longevity pay and differential pay.[See Section 18-13] [C] Terminal leave will be paid in accordance with the following formula. 1) Terminal leave will be paid in full and prorated for the balance of the fiscal year in which a Lieutenant terminates his employment. 13 2) Payments will be made in increments equal to 1/12 of the total Terminal leave due. I 1 3) Payments will be due on the 1st of each month. In the event that a Lieutenant ends employment part way through the month, he will receive a full 1/12 increment upon his termination and will receive a successive 1/12 payment on the 1st of the following month. 4) On July 1st of the next fiscal year the full balance of terminal leave will be due and payable. 5) If terminal leave is due to the death of a Lieutenant, his estate will have the option to waive-the above formula and receive payment in full upon the date of termination. . [D] In the event that a Lieutenant dies on duty, the Town agrees to provide 100% of the cost for Health Insurance for the surviving spouse and children for a period of two [2] years from the death of the employee. SECTION 23 INJURY LEAVE: [A] Whenever a Lieutenant is incapacitated from duty because of an. injury sustained in the performance of his duties, he shall be entitled to injury leave with full pay during the period in n which he is unable to perform his duties or until such time as he has been accepted for retirement. Disputes concerning injury leave shall be resolved pursuant to .General Laws, Chapter 41, Section 111F. [B] 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. Any uninsured. expenses e.as. previously, outlined in item [A] and within this. item *are the responsibility.of the Towmof North Andover. [C] Lieutenants on IIIF leave shall continue to accumulate sick leave as described in "SICK LEAVE" of this agreement. Credit and/or use of such accumulated sick leave shall be granted when the Lieutenant returns to full time duty. [D] Lieutenants on 111F leave shall accumulate vacation in accordance with the conditions outlined within "VACATION LEAVE" and in addition will be eligible to accrue.and carry:over vacation time in excess of the limit set in "VACATION LEAVE" item [H]. Credit and/or use of accumulated vacation time shall be granted upon return to full time duty. SECTION 24 UNIFORM ALLOWANCE: [A] The Town of North Andover agrees to supply all issued equipment that it requires Lieutenants to carry and to replace said equipment when it becomes worn,damaged or otherwise unserviceable. 14 [B] The Town of North Andover shall provide each Lieutenant a clothing allowance that will be 1 available in full at the start of each new fiscal year.Each allotment must be spent by June 30th of the of the fiscal year that the allowance was granted. [C] Clothing allowance will be granted for the following amounts: $500.00 July 01 of each year for the duration of the contract. [D] Expenditure of full uniform allowance shall not excuse any Lieutenant from maintaining his uniform in compliance with departmental specifications. [E] If there is a change.the present uniform,the Town of North Andover agrees to assume the cost of such change and will not be deducted from the regular.uniform allowance. [F] The Town of North Andover agrees to replace articles damaged or destroyed in the line of duty without cost to the employee. SECTION 25 LIABILITY INSURANCE: [A] The Town shall purchase and maintain a police professional.liability .insurance policy that will include all Lieutenants with limits established as follows: 1. $1,000,000 per person f l 2. $1,000,000 per occurrence 3. $1,000,000 in the aggregate for the year SECTION 26 ADMINISTRATIVE ASSIGNMENTS:.: [A] Lieutenants given the added responsibility of Division Commander will be assigned an department vehicle at the discretion of the Chief of Police. [B] Lieutenants given the added responsibility of Division Commander will receive a differential based on the "Salary Schedule" of the contract. The differential will be computed and paid on a weekly bases and will be included as part of the computations for overtime and will also be treated as part of compensation for pension and retirement:purposes. The differential will be as follows: 6% for the duration of this contract. SECTION 27 PERFORMANCE EVALUATION: [A] The North.Andover Police Lieutenants recognize themselves as professional Police Officers and Managers. To enhance their abilities and status within the Department and the Town, the 15 T Lieutenants of the North Andover Police Department fully support the use of written "Performance Evaluation Standards"which will remain in effect for the duration of this contract. [B] The document found in Appendix 1 will be the document that will be in full effect and use for the purpose of the evaluating performance of each Lieutenant. [C] The Town will provide a professional training program .that will meet the approval of the Department of Personnel Administration for all individuals who will act as raters/evaluators. [D] Lieutenants:will. not be evaluated.more than bi-annually. Methods of resolving disagreements with any portion of an evaluation.will:be-provided•for within the attached document(Appendix l - Performance Evaluation) [E] It is also recognized that Performance Evaluations, in general, are designed to be a positive experience, stimulating professionalism,motivation and productivity. [F] The effective date of this section is 07-01-94. SECTION 28 DRUG TESTING: [A] Lieutenants of the North Andover Police Department are totally committed to a-drug free work place. n [B] To maintain the Lieutenants integrity and credibility within the department and the Town of North Andover the document in Appendix 2 - Drug Testing Procedure, will be in full effect and use for the duration of this contract when the contents have been finalized and found to be satisfactory to both the,Lieutenants and the Town of North Andover. Any attached document under this section will; 1) Maintain and insure confidentiality for the individual Lieutenant. 2) Provide for control and security of any sample taken. 3) Provide a testing facility mutually agreed to between the Town and the Lieutenants. 4) Provide for second test,with no prejudice, in the event of a positive test. 5) Provide for follow-up testing at a secondary facility at the Town's expense. 6) Provide treatment as the initial response to a confirmed-.positive>sample. All treatment will be paid by current individual Health care policies that are in effect with any outstanding balances paid in full by the Town of North Andover. 7) In the event that any Lieutenant either does not have a healthcare policy in effect or is not covered by such treatment, then the Town will ensure full payment of any health or rehabilitation costs associated with the.Lieutenant's treatment 8) No Lieutenant will be subjected to any drug or alcohol.testing without probable cause to require such test. n 16 v SECTION 29 n _ . WORKING CONDITIONS: [A] All parties to this agreement shall cooperate in the enforcement of safety rules and regulations. Complaints with respect to unsafe or unhealthy working conditions shall be brought to the attention of the Chief bf Police and can become grounds for a grievance if left unacted upon. [B] No Lieutenant shall be compelled to operate any motor vehicle that does not meet the requirements of the Registry of Motor Vehicle§or that has not been serviced to the manufactures specifications'for severe duty.use. This condition applies to all emergency as well as standard equipment added to the police vehicle that isnot normally supplied by the vehicle manufacturer. [C] All police vehicles that Lieutenants will operate will be properly insured by the Town of North Andover at the expense of the Town of North Andover. [D] No Lieutenant will be compelled to do any emergency repairs on any vehicle or its equipment including the changing of flat tires. [E] All Lieutenants will be offered command training courses; conferences, seminars, programs etc., as they become available through the Massachusetts Criminal .Justice Training Council, Massachusetts Chiefs of Police, International Association of.Chiefs of Police, Federal or.State Attorney General, District Attorney's Office or any other Federal, State or Municipal Law Enforcement Agency under the following conditions and subject to available funds and at the f J discretion of the police chief. 1. No out of state travel expense will be incurred by the Town. 2. Lieutenants will not suffer loss of vacation, compensation or personal time for the opportunity to attend said events. 3. Lieutenants whose, scheduled tour of duty does not coincide with the aforementioned training will not be compelled to attend an eight hour program and work his scheduled shift back to back. The Lieutenant will be reassigned off his/her shift to the training session at no additional cost to the Town. [F] All newly appointed Lieutenants will be required to attend Command Training at Babson College within six months of his/her appointment. [G] Lieutenants agree to attend staff meetings, not to exceed,four hours, everyother.month, when needed at the discretion of the police�chie£ Compensation will be.in.the form of straight time off in accordance with department guidelines. SECTION 30 LEAVE OF ABSENCE: [A] The Town Manager or his designee may grant an employee's request for a leave of absence . without pay for medical or other reasons. Such leave shall not generally exceed twelve [12] months. 17 [B] 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. [C] An approved leave will not constitute a break in service. However, except for'military service, a Lieutenant will not accrue seniority or other benefits during his/her absence. [D] A Lieutenant will not be entitled to any benefits except to continue group health insurance coverage by paying the full monthly premium cost in advance on a monthly basis. [E] A.Lieutenant.returning to work will be.placed'at that step of the salary schedule in which he left. Current pay rates will prevail for that step. [F] Denial is not subject to grievance procedure. SECTION 31 DURATION OF AGREEMENT: This.contract will remain in full force and effect through June 30, 1998. In any.event, regardless of the termination date the provisions of this contract will continue while=-negotiations;are.taking place between the Lieutenants the IBPO and the Town. Negotiations-will be construed to-mean 1any ongoing talks, meetings or any actions including courtintervention resulting from any talks, meetings or lack of f l such. �n The below parties have executed this agreement this day of I I , 1996. Town Andover North Andover Police Lieutenants b b ' s Town anager President of IBPO Local 454: Town of'North Andover by its Board of Selectman'Chairman 18