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Section I:'" gi; Recbgn ti�drl�`, '
Secti6W-RIX i}r�'f� =fir S$lary Sohehine k° D !
,� �` Ste r'Rate Increase
Section.DLII. ,
K
Sectibn't IU: t Night Differential
>F r {
Section,-1 v
noT<`-p-�Qngevity
Se
ctibnV'I i °a � '�ylnceve Pay ,
Section; Station overtim
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SectioriIX :� ,� � L StgkDetail t r r ,
Sectii§riX:� " , �� =& �ourteyAppearancesh t `
Sectbnt �:W r "\ liiinnouncad, Retirement - r
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Sect'ibnr; Ilr
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Sectiont Iw, 6 Personal=j Days N f , r
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Section?XV 'Er\ � ;Uacatibn Leave ti 3
Se
on, iF Xli hs
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Sectior��j?�'II�������"Y� Bereavement, �.teave
Sectlon XII : _ 'E Terminal`Leaver
Section:�Xlk: ury-Z, ave
Section `XX: , ` � � Uniform Allowance
Sectio ;fXXt l�f; r ti Lidbilitpi,Insurance r
SeCt16 XXYI� icrisiorial Commander
Section X I I s ms's �D' r Performaiicej' vat ai tion"x
Y a t >ti
S
ection XI _, Drug: Testing;
Section`XXV''�` �` �#' }Duratit�n of` Agreement, 4
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^ SECTION I
RECOGNITION'
The Town of North.Andover recognizes the North Andover Police
Lieutenants for the purpose of negotiating wages, hours of work and:;
all other conditions of employment.
The Town of North Andover, through its agent(s)- and the Police
Lieutenants agree to negotiate and bargain in-.good faith as allowed_.
by Federal and State laws.
SECTION II
SALARY SCHEDULE•
Lieutenants shall receive compensation in accordance with the
following salary schedule and will, - at a minimum, be equivalent. to
1.6 of the maximum patrolmen's salary.
Salary Schedule
Effective July 1, 1990
(� P-Lt I II III MAX
36,198 38,584 41,338 43 ,653
Salary Schedule
Effective July 1, 1991
P-Lt I II III MAX
37,646 40,127 42,991 45,399
Salary Schedule
Effective January 1, 1992
P-Lt I II III MAX
38,399 40,930 43 ,851 46,307
1
SECTION III
STEP 'RATE INCREASE: ;
A. Any Lieutenant continuous fill-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.
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.
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F. The Town Manager may authorize an entrance rate higher
f than the minimum rate upon the recommendation of the Chief :�of
Police supported by evidence in writing of special reasons and
exceptional circumstances satisfactory to the Manager and . such
other variance in° the classification and compensation plans as it
may deem necessary .for the proper functioning of the service of the
Town.
SECTION IV
NIGHT DIFFERENTIAL:
Lieutenants regularly assigned to work the, early night shift
shall be paid a 5% differential payable weekly and computed on
'~ their regular weekly salary. Employees regularly assigned to work
the late night shift shall be paid a 6%.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.
SECTION V
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:
Amount Amount
Length of Service July 1,1990 July 1, 1991
Over 5 but not over 10 years $250.00 $300.00
Over 10 but not over 15 years 600.00 650.00
Over 15 but not over 20 years 650.00 700.00
Over 20 but not over 25 years 700.00 750.00
Over 25 years 750.00 800.00
B. Lieutenants will become eligible for longevity increments
on the 5th, 10th, 15th 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.
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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.
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 be treated as part
of compensation for pension and retirement purposes.
SECTION VI
INCENTIVE PAY:
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. Payment of this stipend shall be made
annually upon receipt of the list of qualified employees.
SECTION VII
STATION OVERTIME:
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. All mandatory call-in shifts for all officers
will be paid at time and one half and a minimum shift of 3 hours.
SECTION VIII
OUTSIDE DETAILS'
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.
Saturday, Sunday and holiday details shall be at 1 and 1/2
n times the detail rate.
4
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.
The salary increase effective July 1, ' -1990 , and implemented
retroactive to that date, shall not cause an increase in the paid
detail rate prior to the date of execution of this Agreement.
Once the Chief has determined the need for a paid detail
assignment, said assignmentwill be offered to Lieutenants prior to
being offered to persons outside of this bargaining unit, but will
yield to any other agreement, that the Town has entered into
preceding the effective date of this contract.
SECTION :.IX
STRIKE DETAIL:
A. Lieutenants will be assigned to command strike details,
consisting of four (4) or more men, at the discretion of the Chief
of Police 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.
B. In any circumstance other than as described in "A. " of
this section, Lieutenants will be compensated at a rate of $40.00
per hour, with a four hour minimum; over four hours to equal eight;
over eight hours to equal twelve hours.
SECTION X
COURT APPEARANCES:
The Town court time practice with respect to appearance in the
District Court and Superior Court is as follows:
A. Lieutenants appearing in the District Court, when
assigned, will be paid one and one-half times their regular hourly
rate for each hour in attendance with a minimum of three hours pay.
B. Lieutenants appearing in Superior court will be paid
straight time' for each hour in attendance with a minimum of eight
hours pay.
C. Lieutenants appearing at six persons jury proceeding, when
assigned, will be paid straight time pay for each hour in
attendance with a minimum of eight hours pay.
5
D. Lieutenants appearing in any court of law, when summoned
n or subpoenaed for actions taken in official capacity as a North
Andover Police Officer for civil proceedings will be paid straight =
time pay for each hour in' attendance with a minimum of eight hours ,
Pay
SECTION XI
ANNOUNCED RETIREMENT•
Any Lieutenant whoiseligible 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 XII
WORK SCHEDULE•
A. Employees shall work a so-called 114 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 these
fifteen 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 . (165) times the hourly rate.
D. Notwithstanding the foregoing provisions and to the
contrary, the Town and its Police Chief reserve the right to assign
employees in administrative and specialist positions to a five (5)
consecutive day schedule where said schedule is determined by the
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.
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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 .(para. C)
into.-the weekly base salary.
F. In accordance with Federal and State Wage Laws; longevity,
differentials (sec. IV.. & XXII) and incentive pay ,(sec. VI) 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 part of compensation for pension and retirement
purposes.; straight time, holiday pay, sick pay, vacation pay,
longevity pay and differential pay. (Ref:Sec.XVII,B)
SECTION XIII
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
f l Washington's Birthday Veteran's Day
Patriot's Day Thanksgiving Day
Memorial Day Christmas Day
Independence Day
B) Method of Payment;
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.
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SECTION XIV
PERSONAL DAYS;
Lieutenants shall be entitled to four (4) personal days, per ,
year, not deducted from sick time and credited"on January, lst of
each year.
SECTION XV
VACATION LEAVE•
A. A Lieutenant is continuousservice 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
n 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 twenty years of
service shall be entitled to five. weeks of vacation
with pay. Also, Lieutenants will be grandfathered
who have "bought" back service as a reserve officer
as full time service, and would thus fall into the
appropriate category during the term of this
contract.
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 portion of the vacation allowance
earned in the vacation year during which the employee died, up to
the time of his separation from the payroll.
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 amount equal to the
8
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 on account of sickness in excess of" that<
authorized under the rules therefore, or for personal reasons as
provided for under other leave may, at the discretion of the Chief .
of Police, be charged to vacation .leave.
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.
Vacation allowance provided under the terms of this
section shall not be permitted to accumulate in excess of four
weeks and shall be granted by the Chief of Police at such time as,
in his opinion, will cause the least interference with the
performance of the regular work of the Town.
G. One week of vacation shall consist of five (5) work days.
Vacation will be credited each year on the permanent appointment
date of each Lieutenant.
SECTION XVI
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 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
n Manager.
9
E. A physician's certificate of illness shall be submitted by-
the employee after three 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. 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. Payments made under the provisions of this Section will be
limited in the case of an employee who is receiving Injury Leave
Compensation to the Lieutenant's regular rate.
I. In the event of payments made to an employee under the
preceding sub-section, the Board of Selectmen may debit the
Lieutenants sick leave accrual by such amounts as it determines to
be equitable in relation to such payments.
J. Nothing in this section shall be construed to conflict
with Section 100 of Chapter 41 of the General Laws.
SECTION XVII
BEREAVEMENT LEAVE:
Emergency leave up to four days may be allowed for death in an
employee's. immediate family, to include wife, husband, child,
parent of either spouse, brother or sister., persons in the
immediate household and in-laws of current spouses.
SECTION XVIII
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.
1. Eligible for retirement in accordance with . the
criteria, rules and regulations as set forward by
n the Essex County retirement Board.
10
2. A Lieutenant who qualifies for terminal leave shall
be entitled to compensation for accumulated sick
leave for up to 60days of said sick ; leave.
Accumulated sick leave will be paid at a rate equal
to the 'Lieutenant's current days pay, �per Sections
II_ and XII, for each of the 60 days at the time,:-of
separation from payroll
3. In addition to the 60 1days, -- of accumulated sick.
leave as provided above shall receive payment at
the rate of 50% of the Lieutenant,s current day's
pay for each sick day accumulated, beyond 60 days to
a maximum accumulation of 120 days. Any eligible
Lieutenant can receive compensation for a 'total of
180 accumulated sick days; the first 66 days will
be at 100% compensation, the balance will be at 50%
compensation to a maximum of:;; 120 days. Sick days
will be based on 8.5 hour days as specified under
Section XII 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 part of compensation for pension and
retirement purposes; straight time, holiday pay, Quinn Bill,
vacation pay, longevity pay and differential pay.
C. Terminal leave will be payed in accordance with the
following formula.
1) Terminal leave will be prorated for the balance of
the fiscal year in which a Lieutenant terminates
his employment.
2) Payments will be made in increments equal to 1/12
of the total Terminal leave due.
3) Payments will be due on the 1st of ` each month.In
the event that a Lieutenant ends employment partway
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 lst 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.
12
SECTION XIX
n 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
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 injuredAn the performance of his
duties.
SECTION XX
UNIFORM ALLOWANCE'
Each Lieutenant will receive a yearly allocation of $450.00
for the purchase and replacement of uniforms, necessary work
clothes and standard equipment. Any expenses arising from any
change in the prescribed uniform shall be borne by the Town and
n shall not be attributable to the clothing allowance. Employees
shall be neatly dressed at all times while on duty, in uniforms
which comply with the departmental specifications.
Expenditure of full uniform allowance shall not excuse any
Lieutenant from maintaining his uniform in compliance with
departmental specifications.
SECTION XXI
LIABILITY INSURANCE:
The Town shall purchase and maintain a police professional
liability insurance policy that will include all Lieutenants with
limits established as follows;
A. $1,000,000 per person
B. $1,000,000 per occurance
C. $1,000,000 in the aggregate for the year
n
12
SECTION XXII
f 1 :
DIVISIONAL COMMANDERS:
A) " Lieutenants given the added responsibility, of Division
Commander will be assigned an department vehicle at the discretlon_
of the Chief of Police.
B) Lieutenants given the. added responsibility of Division _ :; ,
Commander will receive a 6% differential based on the "salary
schedule" (Sec. II) 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.
SECTION. XXIII
PERFORMANCE EVALUATION:
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
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.
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.
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.
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 1 - Performance Evaluation)
It is also recognized that Performance Evaluations, in
general, are designed to be a positive experience, stimulating
professionalism, motivation and productivity.
SECTION XXIV
DRUG TESTING:
Lieutenants of the North Andover Police Department are totally
committed to a drug free work place.
13
SECTION XXIV
DRUG TESTING•
Lieutenants';of the North Andover Police Department are totally
committed to a. 'drug free work place.
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.
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
payed 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 treatmen
14
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