HomeMy Public PortalAboutPolice Union Contract Fiscal 2021
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ARTICLE I
RECOGNITION
The Town of Brewster, (hereinafter referred to as “Town”), hereby recognizes the
BREWSTER POLICE UNION, Massachusetts Coalition of Police, Local 332, AFL-CIO
(hereinafter referred to as “Union”), as the exclusive bargaining representative of all officers
of the Town of Brewster Police Department (excluding Captains, Lieutenants, Detective
Sergeant, civilian employees, seasonal employees and all other employees of the Town of
Brewster) as designated in the following units: Unit A – Officers and Unit B – Sergeants.
ARTICLE II
MANAGEMENT RIGHTS
1. Except as expressly and specifically limited or restricted by a provision of this
Agreement, the Town and its’ Selectmen and Chief of Police shall not be deemed to
be limited in any way in the exercise of the regular and customary functions of
municipal management and shall retain the full right of management and direction of
its’ officers and police operations. Such rights of management include, but are not
limited to, the right to plan, direct, control, increase, decrease and discontinue
operations in whole or in part; to determine the methods and means of operations; to
introduce new methods, techniques, procedures and/or equipment and apparatus; to
discipline and discharge employees for cause; to determine work schedules, work
shifts and numbers of hours to be worked; to determine the number of employees it
shall employ at any time and the qualifications necessary; to assign and transfer
employees as its’ business requires; and to hire and lay off employees based upon
departmental operating needs. This enumeration of management’s rights shall not
be deemed to exclude other management rights not specifically enumerated and the
Town retains solely and exclusively all of its’ common law, statutory and inherent
rights as they existed prior to the execution of this Agreement.
2. The Chief of Police may adopt rules and regulations for the operation of the
department, the manner and method of performing work, production standards and
attendance, and the conduct of officers, provided, however, that if such rules and
regulations are in conflict with any provision of this Agreement, the terms of the
Agreement shall prevail.
3. The exercise of the aforesaid management rights shall be final and binding
and any dispute, complaint or controversy with respect to the inherent Town’s
inherent rights and those specifically set forth herein, shall not be subject to the
grievance and arbitration procedure under this agreement.
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ARTICLE III
AGENCY FEE
1. As a condition of his/her continued employment while this contract shall be in
effect, every officer covered by this contract, if and when not a member in good
standing of the Union shall pay, or by payroll deductions shall have paid, to the
Union, an agency service fee which shall be equal to the regular membership fee, all
in accordance with the provisions of Massachusetts General Laws Chapter 150E,
Section 12.
2. The Union agrees to indemnify the Town for all damages and costs, including
attorney’s fees, in complying with this Article. No request to dismiss or suspend an
employee for noncompliance shall be honored so long as there is a dispute before
the Department of Labor Relations or a court of competent jurisdiction as to whether
the exclusive bargaining agent has complied with all of the provision of
Massachusetts General Laws Chapter 150E, Section 12, or so long as the officer’s
demand for rebate of part of the service fee remains in dispute or the officer has a
challenge to the amount of the agency service fee before the Department of Labor
Relations.
ARTICLE IV
PAYROLL DEDUCTION OF UNION DUES
The Town agrees that Union dues, as determined in accordance with the
Constitution and By-Laws of the Union, shall be deducted each payroll period from the
salary of any officer in the bargaining unit who signs and remits to the Town a form
authorizing such deduction. Such authorization shall remain in full force and effect until the
officer ceases to be employed in the bargaining unit or, if the officer remains in such
employment, until sixty (60) days after notice in writing by the officer to the Town
withdrawing the authorization, with a copy thereof filed with the Treasurer of the Union.
ARTICLE V
JOB SECURITY
1. The initial appointment of a police officer shall be for a period of one (1) year
during which the person shall actually perform the duties of such a position on a full
time basis. The initial appointment shall be a probationary period during which
police officers shall be deemed employees at will, whose removal, dismissal or
discipline shall be without recourse at any time during such initial appointment. Time
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spent in attendance at the police academy shall not count as part of the probationary
period.
2. Appointment subsequent to the initial appointment shall be made annually or
for a term of years not exceeding three (3) years as the Town of Brewster shall
determine. Removal, dismissal, non-reappointment or discipline of said police
officers shall be for cause and after a hearing.
3. Officers who complete five (5) continuous years of service shall be granted
tenure in accordance with Massachusetts General Laws Chapter 41, Section 131.
4. In compliance with the language spelled out in the Training Reimbursement
Agreement for police cadets, the Town of Brewster shall pay the academy fee and
associated costs of training. In the event that a new officer voluntarily resigns their
position prior to the completion of three (3) years of service as a police officer with
the Town, the officer agrees to issue payment to the Town in the prorated amounts
as set forth in the Training Reimbursement Agreement.
ARTICLE VI
SENIORITY
1. Seniority for members of Unit A shall commence from the date of appointment
as a regular full-time officer of the police department. Seniority for members of Unit
B shall commence from the date of promotion. Seniority shall be broken only by
termination of employment.
2. In the event of suspension of an officer, the days of suspension will be
deducted from his/her days of service and his/her seniority will be reduced by that
number of days.
3. Seniority will apply in shift bids, choosing vacations from the vacation
schedule and in cases of layoff.
4. When an officer is absent from duty for any reason for more than six (6)
months, he/she shall not accrue vacation or sick time. He/she shall, however, be
entitled to receive step increases and general wage increases.
5. Prior to the hiring of any new permanent police officers, all police officers laid
off within the previous two (2) years shall be notified by seniority and given first
option on any job openings.
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6. All police officers who have been laid off and subsequently rehired shall have
all rights and privileges as were in effect at their time of release restored (i.e.;
seniority, sick time, vacation, wages, personal days, etc.).
ARTICLE VII
WORK SCHEDULE
1. Officers shall work a regular workweek of four (4) consecutive eight and one-
half (8.5) hour days followed by two (2) days off. Hereafter, this schedule will be
referred to as the 4+2.
2. The split Sergeant’s shift shall be an exception to the 4+2 and will consist of
two (2) midnight shifts followed by two (2) evening shifts in three (3) days with the
second midnight shift and the following evening shift being worked on the same day.
The sergeant assigned to the split sergeant’s shift may not work details on this day
nor shall he/she be charged with a refusal as described in Article X, section 1.
Further, if and when the sergeant assigned to the split sergeant’s shift works two (2)
shifts on either Christmas, New Year’s Day or Thanksgiving, he/she shall receive an
additional eight (8) hours of comp time to be used in accordance with the same
restrictions as comp time given in lieu of holiday pay.
3. The shift schedule shall be posted by July 1 for the fiscal year. The schedule
and rotation are subject to change as the result of emergencies or unusual
circumstances.
4. If an officer works more than six (6) straight days during a schedule
changeover week, he/she shall receive eight (8) hours of comp time to be used in
accordance with the same restrictions as comp time given in lieu of holiday pay.
5. Shifts shall be bid and assigned by seniority three (3) times annually. Patrol
Officers and Sergeants shall choose no more than two (2) rotations out of three (3)
on the same shift. Selection bidding shall be undertaken annually before the
vacation scheduling is posted. Officers with less than two (2) years of service, not
inclusive of academy or FTO training time, shall not participate in the shift bid
process unless allowed by the Chief of Police. Positions to be bid will conform to
actual staffing requirements for each shift based upon staffing allocations as
determined by the Chief of Police.
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6. The Chief of Police shall post his selection of officer(s) for specialized duty
assignments prior to the annual issuance of the shift bid selection lists and those
assignments shall remain in effect until changed by the Chief of Police.
ARTICLE VIII
SWAPPED SHIFTS
Each officer and sergeant shall be granted special leave with pay for a day on which
he/she secures another officer/sergeant to work in his/her place, provided such substitution
does not impose any additional cost to the Town. A maximum of twenty-five (25) requests
will be granted to each union member in any fiscal year. The Chief will have the sole
authority to allow swaps. The swaps can be made only within the bargaining unit and the
request must be submitted on a written form provided by the Town three (3) days in
advance of the swap. Said time limit may be waived, with the approval of the Chief, under
special or emergency circumstances.
ARTICLE IX
OVERTIME
1. Time and one-half shall be paid for all work in excess of the regularly
scheduled workday or workweek.
a. The parties agree to a work period of one hundred seventy-one (171)
hours in a twenty-eight (28) day cycle for the sole purpose of determining
when the educational incentive payment shall be applied to calculate the
hourly rate of pay for overtime to be paid under the FLSA. Sick, vacation,
personal, bereavement, line of duty injury and any other paid leave and time
not worked by an officer under a guaranteed pay for a minimum number of
hours shall not be considered hours worked for the purposes of calculating
overtime under the FLSA.
2. An officer who is called in from off duty shall be entitled to a minimum of three
(3) hours pay at his/her overtime rate.
3. A system for fair and equitable distribution of overtime, based upon hours
worked, shall be established. Assignments shall be made on a rotating basis, with
the officer accepting the overtime shift being “charged” the corresponding hours.
The Chief of Police has the right to assign a particular employee to a particular
overtime shift if, by the nature of the shift, supervisory skills or special training or
experience are required.
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4. The Chief of Police will make a reasonable effort to avoid any officer’s shift
being changed or his/her regular hours adjusted for the purpose of avoiding the
payment of overtime. However, if for emergency or unforeseen circumstances, it
should become necessary for an officer or sergeant to take sick leave or any FMLA
time or to be absent from work for more than two (2) consecutive weeks, the Chief of
Police may transfer an officer to fill the vacancy created by this absence. Prior to
this transfer, an officer from a shift chosen by the Chief of Police, may volunteer to
be assigned to the shift with the vacancy. If more than one (1) officer volunteers to
fill said vacancy, the officer with the highest seniority shall prevail. If no officer
volunteers, the least senior eligible officer will be moved from the shift chosen by the
Chief of Police. (Eligibility will be determined by the needs of the Department, i.e. if
the absent officer was an OIC, an OIC eligible officer would be transferred if there
were no other eligible OIC officers on said shift.) When the staffing issue has been
resolved or the absent officer returns to his/her original shift, the officer that
volunteered or was transferred will be returned to the shift he/she was moved from.
5. If the Chief of Police offers compensatory time in lieu of overtime pay, it shall
be at a rate of one and one-half hour for each hour of overtime worked. The
decision to accept compensatory time in lieu of overtime pay shall be that of the
officer. Any accrual of compensatory time is limited to a total of four hundred eighty
(480) hours.
6. In the event that no officer chooses to take offered overtime, the Chief of
Police may assign a permanent, seasonal or part time officer to that particular
overtime.
7. Officers shall receive no less than two (2) hours pay at their overtime rate for
In-service training, meetings, school, etc.
8. Officers will not be allowed to work overtime until at least twenty-four (24)
hours have passed from the start of the tour of duty of which the officer booked off
sick. The foregoing shall not apply in emergency situations or under exigent
circumstances where the Chief of Police is of the opinion that public safety or the
proper administration of the department might be endangered or disrupted.
9. Overtime that overlaps any other work hours or Town detail hours will not be
paid.
10. All overtime hours worked on a recognized holiday will be compensated at the
rate of time and one-half of the officer’s regular hourly wage.
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ARTICLE X
PAID DETAILS
The Town and the Union acknowledge that the Chief of Police possesses the
management right to determine the appropriate level of police service as well as the
qualifications of persons to perform traffic direction in the Town to ensure public safety.
Therefore, notwithstanding any regulation to the contrary, the Chief of Police has the
discretion to require the presence of a sworn police officer, including but not limited to one
employed on a paid detail basis, in all instances where there is a street opening or any work
to be done on a public way or at a public function in Town. The parties also acknowledge
that the Chief of Police has the further discretion to determine the number and ranks of
officers assigned in any such instance necessary to maintain public safety or other
legitimate interest of the community or department.
The following provisions shall govern the assignment of extra paid details to police
officers when the detail is to be paid for by an outside individual, group, corporation,
organization, or the Town.
1. For purposes of this section, permanent police officers shall include, but not
be limited to, all permanent officers of Units A & B. Assignment of extra paid
details, as required or requested, shall be made by the Chief of Police or his/her
designee. All details will be assigned based on the number of detail hours worked
by an officer. The officer with the lowest number of accumulated detail hours, as
determined by the department’s IMC program, will be first assigned to the detail.
Assignment shall be made on a rotating basis, with the officer accepting the detail
going to the bottom of the list. A refusal shall count as a detail worked for the
purposes of said list; provided the officer is not working his/her regular shift at the
time of the detail.
2. Details shall first be distributed among all full time permanent police officers;
seasonal or part time officers shall not be offered paid detail opportunities until all
permanent officers have been offered said details and refused or otherwise not
available. Officers from other towns may be offered details after all of the above
have refused said detail.
3. Where no officer accepts a paid detail and the Chief of Police determines that
not filling the same would adversely affect public safety, he/she may assign an off-
duty officer to work the detail. If the Chief of Police determines that not filling the
same will adversely affect public safety, he shall assign the officer who would be first
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entitled to the assignment. If that officer is not available, the Chief of Police or
his/her designee shall follow the rotation list.
4. New officers of the department shall enter the system with a total of hours
which is the average of all of the totals of the officers in the system.
5. The Chief of Police has the right to assign a particular officer to a particular
detail if, by the nature of the detail, supervisory skills or special training or experience
is required.
6. All detail requests for more than four (4) hours and up to eight (8) hours will
be filled in eight (8) hour increments. If a vendor requests a detail officer for four (4)
or fewer hours, the detail will be filled in a four (4) hour increment. If a vendor
requests a detail officer for longer than eight (8) hours, the detail will be filled with an
eight (8) hour increment followed by four (4) hour increments thereafter. If a detail is
scheduled for longer than eight (8) hours, the officer scheduled for the initial eight (8)
hour portion shall have the right of first refusal for any subsequent four (4) hour
blocks scheduled for that same detail. As a last resort, if no officer volunteers for an
eight (8) hour detail, any officer may then volunteer for the detail in four (4) hour
increments. All details shall be paid at one and one-half (1½) times the maximum
patrolman’s base hourly rate with a minimum of four (4) hours payment as set by the
terms of this agreement. Any detail billed to a private vendor and lasting longer than
four (4) hours shall be billed and paid at a minimum of eight (8) hours. Any detail
that is billed directly to any Town of Brewster department that lasts longer than five
(5) hours shall be billed and paid at an eight (8) hour minimum. Any detail that is
billed to a non-Brewster entity that lasts longer than four (4) hours shall be billed and
paid at a minimum of eight (8) hours. With respect to details billed and paid by the
Town of Brewster and its departments, officers shall be paid at their overtime rate
but not less than the maximum patrolman’s overtime rate. All details worked in
excess of eight (8) hours shall be paid at one and one-half (1½) times the
established special detail rate for a minimum of four (4) hours.
7. If a detail is canceled and the customer, excluding the Town, fails to notify the
police department a minimum of one (1) hour prior to the start of such detail, those
officers assigned to the detail shall receive a three (3) hour minimum.
8. Officers will not be allowed to work a paid special detail until at least twenty-
four (24) hours have passed from the start of the tour of duty of which the officer
booked off sick. The foregoing shall not apply in emergency situations or under
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exigent circumstances where the Chief of Police is of the opinion that public safety or
the proper administration of the department might be endangered or disrupted.
ARTICLE XI
COURT TIME
1. Any off-duty officer who must appear or is required to stand by at another
location as a witness for matters arising out of his/her official duties, including
conferences with prosecuting officials, hearings on complaints and proceedings such
as inquests, Registry of Motor Vehicle hearings, signing of complaints or civil court,
shall be compensated at a rate of one and one-half (1.5) times his/her regular hourly
rate of pay for a minimum of four (4) hours.
2. Said four (4) hour minimum shall not apply where the officer’s court time falls
within four (4) hours of his/her regular shift starting time; in which case the officer
shall receive his/her overtime rate for the time spent in court.
ARTICLE XII
VACATIONS
1. An officer beginning employment on or before January 1 of any given year
shall be granted five (5) working days of vacation in that fiscal year.
a. During the second (2nd) through the fourth (4th) fiscal years, an officer
shall be granted ten (10) working days per fiscal year.
b. During the fifth (5th) through the ninth (9th) fiscal years, an officer shall
be granted fifteen (15) working days per fiscal year.
c. During the tenth (10th) through the fourteenth (14th) fiscal years, an
officer shall be granted twenty (20) working days per fiscal year.
d. During the fifteenth (15th) fiscal year and years thereafter, an officer
shall be granted twenty-five (25) working days per fiscal year.
2. Vacations must be taken within the current fiscal year unless written
permission is received by the officer and approved by the Chief of Police or his/her
designee.
3. Vacations will be granted on a seniority basis. Vacation choices shall be
made no later than June 1st of each year from a vacation list composed by the Chief
of Police or his/her designee. That list will be distributed no later than April 1st of
each year.
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4. Fifteen (15) vacation days may be taken as single days. They may be taken
at the officers’ discretion with five (5) days written notice to the Chief of Police or
his/her designee by completing a “Request for Time Off” from. Eight (8) single days
must be taken by January 1st of the current fiscal year. No more than one (1) union
member per shift and per time period applies to individual comp days, vacation days
as well as to vacation weeks between the Saturday before Memorial Day and Labor
Day, and between December 20th and January 3rd, unless approved by the Chief of
Police.
5. Officers shall not exceed four (4) weeks of vacation in duration at any given
time.
6. An officer may change his/her selected vacation week(s) after completion of
the vacation list so long as it does not conflict with another officer’s choice and does
not place any additional overtime burden on the Town. Such a change must be
approved by the Chief of Police.
ARTICLE XIII
SICK LEAVE
Non-Occupational Illness or Injury
1. Each officer shall be granted one and one-quarter (1¼) sick leave days per
month. All unused sick leave days shall be accumulated from year to year with a
maximum of one hundred ninety (190) days.
2. It is understood that sick leave is a benefit to be accumulated and not used
except as specified herein. An absence reported as sick leave and not used as
specified is cause for disciplinary action. An employee’s sick leave credit shall be
deducted for each day’s absence under the following conditions:
a. When an employee is unable to perform his/her duties because he/she
is incapacitated by personal illness or injury.
b. When the employee’s spouse, son or daughter is ill, an employee may
utilize up to a maximum of five (5) days of sick leave credits per fiscal year.
c. When an appointment with a health care provider cannot reasonably be
scheduled outside of normal working hours with such deduction to sick leave not
to exceed four (4) hours. Appointments that are located off of Cape Cod and
requiring travel time will not be subject to this limitation. An exception to this rule
may also be made at the direction of the Chief of Police.
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d. When, through exposure to a contagious disease, the presence of the
employee at his/her work location would jeopardize the health of others.
3. The Chief of Police may require a physician’s certificate of illness for an
employee who reports his/her inability to report for duty because of illness or injury for
three (3) or more consecutive workdays, more than ten (10) workdays in a calendar
year, or when an employee uses a sick day on more than three (3) occasions that is the
day before or after scheduled time off (i.e. vacation time, personal time, comp time or
swapped shifts) in any calendar year. This certificate of illness shall consist of a signed
statement by a licensed healthcare practitioner that the employee was not able to
perform his or her duties due to the specific illness or injury on the days in question and
a prognosis for the employee’s return to work. Failure to produce such evidence within
seven (7) days of its request may result, at the discretion of the Chief of Police, in
denial of sick leave for the period of absence.
4. An employee having no sick leave credits who is absent due to illness may be
required to apply other paid leave toward the absence, including but not limited to
granted sick bank time.
5. An employee requesting sick leave under this provision must notify the officer in
charge, as soon as possible, but not less than one (1) hour before the start of his/her
work shift on each day of absence
6. Effective July 1st of each year, each officer who does not use more than eight
(8) hours of sick leave during the following fiscal year shall be paid a bonus of
$800.00 and each officer who does not use more than sixteen (16) hours of sick
leave during the year shall be paid a bonus of $400.00. Bonuses shall be paid
during the last week of June for that fiscal year.
7. If an officer leaves sick during a scheduled shift, he/she shall be charged with
the actual number of sick hours used.
8. Upon retirement, an officer shall be compensated at ten percent (10%) of the
dollar value of unused sick leave up to one hundred ninety (190) days. Payment
shall be based upon the salary the officer is earning at retirement. In the event of an
officer’s death, such payment shall be made to his/her estate.
If an officer provides a one (1) year notice to the Town prior to retiring, he/she
will be compensated at Twenty-Five percent (25%) of the dollar value of unused sick
leave up to (not to exceed) One Hundred Ninety (190) days.
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9. An officer on sick/injured leave shall not participate in activities that are
specifically prohibited by a physician as referred to in Article XIX of this contract
pertaining to Light Duty.
10. Sick Leave Bank
The basic purpose of the Sick Leave Bank, hereinafter referred to as the
Bank, is to provide additional sick days to a member who has exhausted his/her own
sick days and is in an extended illness situation. The Bank is designed to not
present any additional cost to the Town of Brewster in terms of sick days or
management of the program. The intent is to provide income, through sick days, to
the unfortunate member in need of them by the membership as a whole.
The following will be the format of the functioning and administration the Bank:
a. The administration of this Bank shall be vested in a Sick Leave Bank
Committee consisting of the Chief of Police, one (1) patrol officer and one (1)
patrol sergeant to be chosen by the Union.
b. In order to be eligible for membership in the Bank, an officer must
have at least ten (10) accumulated sick days.
c. In the first year, each officer who wishes to become a member shall
notify the committee of his/her intent to become a member and shall
subsequently contribute two (2) days of his/her accumulated sick leave into
the Bank on July 15th.
d. At the beginning of each subsequent fiscal year, each member of the
Bank will donate one (1) sick day to the Bank with the following exception:
After a member has accumulated the maximum number of sick days as
determined by this contract, he/she may donate a maximum of two (2) days
per fiscal year so long as he/she remains above the maximum accumulation
level.
e. A member must use all of his/her sick days prior to applying for use of
Sick Leave Bank days.
f. Only those officers who are active members of the Sick Leave Bank
will be eligible to apply for use of Sick Leave Bank days.
g. A member must request use of Sick Leave Bank days by submitting a
written request to the Sick Leave Bank Committee Chairperson on a form
approved by the Bank Committee.
h. Any member of the Sick Leave Bank who requests use of Sick Leave
Bank days agrees to permit the Bank Committee to access his/her
attendance and sick leave records.
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i. The Bank Committee shall vote on each request for use of Sick Leave
Bank days. Approval of the Bank Committee is necessary to be entitled to
the use of Sick Leave Bank days. The denial of the Bank Committee for use
of Sick Leave Bank days by a member is not subject to the grievance
procedure.
j. When a member applies to the Bank Committee to use Sick Leave
Bank days, he/she will be limited to receiving double the number of days
he/she had available to use from his/her own accumulated sick leave for the
present illness or injury.
k. The limitation imposed by paragraph j above can be waived by a
unanimous vote of the Bank Committee. The Committee will then establish
the number of days available for the member to use.
l. In the event that the Sick Leave Bank depletes all of its days, the Bank
Committee has the right to come before the membership to request an
additional assessment of sick days; subject to a two-third (2/3) vote of Bank
members present at the meeting.
m. Any member who uses Bank days may, at his/her discretion, repay
any or all days used.
n. Any active member of the Sick Leave Bank who becomes ill and is
unable to contribute sick leave days on July 1st or at the designated request
time shall not be penalized or removed from membership.
ARTICLE XIV
HOLIDAYS
1. The following days shall be considered paid holidays:
New Year’s Day
President’s Day
Martin Luther King Day
Patriot’s Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran’s Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
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2. Each permanent full time officer of the bargaining units may choose from the
following options:
a. receive compensation for twelve (12) holidays at his/her established
holiday pay rate
b. receive twelve (12) comp days in lieu of holiday pay, or
c. receive compensation for six (6) holidays at his/her established holiday
pay rate and six (6) comp days.
The choice must be made by July 1st for the upcoming fiscal year.
3. The holiday rate will be equal to eight (8) hours of pay at the officer’s base
rate as established by the wage scale of this contract. When a combination of comp
time and holiday pay is selected, the first six (6) holidays of the fiscal year will be
considered the paid holidays. All payment of holiday pay will be made to the officer
in the payroll that includes the date of the observed holiday.
4. A time off request must be submitted at least two (2) days prior to the
requested use of a comp day. Use of comp time will not be approved if the time off
will create additional cost to the Town unless approved by the Chief of Police.
5. The officer assigned to detective duty shall be scheduled off duty on all
designated holidays and shall receive no additional compensation for those holidays.
In the event that the detective is required by the Chief or his designee to work on a
holiday, he/she shall be compensated at the rate of time and one-half for each hour
worked.
6. If an officer works any regular shift on Thanksgiving or Christmas or the
December 24th evening shift (4PM-12M), he/she shall be compensated with an
additional eight (8) hours of holiday pay for each shift worked. If an officer works the
December 24th day shift (8AM-4PM), he/she shall be compensated with an additional
four (4) hours of holiday pay for the hours of 12N-4PM.
ARTICLE XV
BEREAVEMENT LEAVE
1. In the event of a death occurring in the immediate family of an officer,
bereavement leave without loss of pay for consecutive calendar days commencing
either on the date of death, the day following the date of death or in special
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circumstances, a time agreed upon by the affected employee and the Chief, shall be
granted as follows:
a. For a spouse, son or daughter – five (5) days
b. For a parent, sister, brother, parent-in-law or grandparent – three (3)
days
c. Additional leave may be granted at the discretion of the Chief of
Police.
ARTICLE XVI
PERSONAL LEAVE
1. All full time officers shall be granted three (3) personal days each fiscal year
to be taken at their discretion.
2. A minimum of twenty-four (24) hours of notice must be given to the Chief of
Police prior to taking such leave. With the approval of the Chief of Police, eight (8)
hours of notice shall be deemed sufficient in cases of emergency.
3. If the schedule cannot accommodate such short notice, the department’s
needs will take preference.
4. Not more than two (2) officers may take personal leave in any twenty-four
(24) hour period without prior approval of the Chief of Police.
5. Personal days are not cumulative from year to year.
ARTICLE XVII
UNIFORMS AND EQUIPMENT
The Chief of Police shall supply officers of the force with clubs, handcuffs, pistols, all
leather gear, boots, uniforms, caps, buttons, numbers, badges, all other special weather
gear and approved leather jackets.
ARTICLE XVIII
GROUP INSURANCE
1. All eligible employees may participate in any insurance plan offered by the
Town of Brewster. The monthly health insurance premiums of the PPO and HMO
plans shall be split seventy-five (75%) percent paid by the Town and twenty-five
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(25%) percent paid by the employee. The current accidental death insurance policy
is in the amount of Ten Thousand ($10,000) Dollars. Any officer who retires from the
Town pursuant to the Barnstable County Retirement Plan shall be entitled to a fifty
(50%) percent contribution by the Town for group health and life insurance.
2. The Town agrees to advise the Union when the Cape Cod Municipal Health
Group is considering a change of insurance carriers or insurance coverage.
3. New officers may enter the group health and life insurance plan thirty (30)
days after employment.
4. Insurance claims under the health and life insurance coverage provided by
the Town are not subject to the grievance procedure.
5. The Blue Cross/Blue Shield Master Medical health plan is eliminated as of
July 1, 2015.
6. Effective July 1, 2017, the Town will add Health Savings Accounts (HSA)
Qualified High Deductible Plans to the FY 2018 roster of health plan offerings. The
Town shall contribute Fifty Percent (50%) of the plan deductible to the employee’s
HSA. Health Savings Accounts (HSA) are tax-advantaged accounts for the purpose
of paying for eligible medical expenses. They are owned by the employee and funds
may be invested to grow and may also be used to pay for health care in retirement
as well as for current eligible medical expenses.
ARTICLE XIX
LIGHT DUTY
1. Leave of Absence
a. Leave of absence without loss of pay for an injured or disabled officer
shall be governed by the provisions of Massachusetts General Laws Chapter
41, section 111F. Recruits shall be governed by Massachusetts General
Laws Chapter 152 for the period during which they are assigned to attend the
police academy.
b. The officer may be compensated in the following manner:
wholly by the Town, or
by the Town-sponsored insurance program with the Town making
up the difference.
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c. Officers injured in the line of duty may be required to work limited duty
assignments, subject to the following provisions:
2. Limited Duty
a. An officer receiving line of duty injury benefits under Massachusetts
General Laws Chapter 41, section 111F who is certified by a Town-
designated doctor (at the Town’s expense) to be able to perform limited police
duties may be required by the Chief of Police or his/her designee, in
accordance with the procedures outlined herein below, to perform limited
duty.
b. Light duty assignments shall include any duty to which an officer might
otherwise be assigned, consistent with such officer’s physical limitations and
including, but not limited to, clerical, dispatching, training, investigative
assistance, court work, school related work, public relations, inspections,
station monitoring, clean up, or similar duties.
3. Procedures for Limited Duty
a. If, upon notification from the Chief of Police, an officer disagrees with
the Town doctor’s determination that the officer may be assigned limited duty,
the officer may, at his/her expense, be examined by a physician of his/her
selection as expeditiously as possible. A copy of said medical report shall be
presented to the Chief of Police at the time that it is completed. An oral report
by the officer’s doctor shall be communicated forthwith to the Chief of Police.
b. If such report by the officer’s doctor supports the assignment of limited
duty, the officer shall forthwith report for the same.
c. If such report does not support the assignment of limited duty, the
officer shall be examined by a neutral doctor with specialized training in the
area of the officer’s injury. The neutral doctor shall be designated or
recommended jointly by the Town and the officer’s doctors as soon as is
practicable under the circumstances. The costs of the neutral doctor shall be
borne equally by the Town and the officer. The two (2) doctors shall
endeavor to appoint a neutral doctor who is capable of examining the officer
within seven (7) calendar days of his appointment.
d. If the report of the neutral doctor supports the assignment of limited
duty, the officer shall forthwith report for the same. If the report does not
support the assignment of limited duty, the officer shall remain on injured on
duty under Massachusetts General Laws Chapter 41 section 111F.
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e. Each doctor who administers an examination under this procedure
shall be provided with by the Town a detailed analysis of the physical
requirements of the limited duty tasks specified herein and shall be asked to
make their determination of the fitness of the examined officer to perform
limited duty based upon the specific physical requirements of each limited
duty task. Each doctor’s report shall specify which, if any, limited duty task
the examined officer is capable of performing.
f. The Town and the officer’s doctor, or the three (3) doctor panel if
applicable, shall determine if and when the officer will be re-examined if it is
determined that the officer is incapable of a limited duty assignment.
4. The Town agrees that any employee who works less than a full week of
limited duty shall be considered to be on injured on duty status for the remainder of
the week and shall be paid for such time in accordance with Massachusetts General
Laws Chapter 41 section 111F.
5. Employees assigned to limited duty shall be assigned to a shift consistent
with other departmental assignments.
ARTICLE XX
SALARIES AND WAGES
SEE ATTACHMENT “A”
ARTICLE XXI
LONGEVITY
1. The schedule of longevity payments for Units A and B will be as follows:
After five (5) years $ 150.00
After six (6) years 300.00
After seven (7) years 450.00
After eight (8) years 600.00
After nine (9) years 750.00
After ten (10) years 900.00
After eleven (11) years 1050.00
After thirteen (13) years and thereafter 1350.00
After fourteen (14) years
and through nineteen (19) years 1500.00
After twenty (20) years and thereafter 1950.00
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2. Payment will be made in the payroll that includes the officer’s anniversary
date.
3. The longevity plan is eliminated in its entirety for all employees hired on or
subsequent to July 1, 2015.
ARTICLE XXII
EDUCATIONAL INCENTIVE
1. Primary Education Incentive:
All references to the adoption, repeal and under funding of Massachusetts
General Laws Chapter 41, Section 108L are hereby deleted. The parties
acknowledge that the Town has accepted the provisions of Massachusetts General
Laws Chapter 41, Section 108L and has provided the education incentive benefits
associated with such program. The Town will continue to pay the level of education
incentive benefits set forth in such program, as summarized below, which shall
hereinafter be called the primary education incentive program, to employees
currently participating in this program as well as employees employed prior to July 1,
2009 who had begun to accumulate credit hours for degrees in law enforcement or
law prior to October 1, 2009. The percentages associated with the primary
education incentive program are as follows:
a. 10% for an Associate’s Degree in law enforcement or 60 points earned
toward a Baccalaureate Degree in law enforcement;
b. 20% for a Baccalaureate Degree in law enforcement;
c. 25% for a Master’s Degree in law enforcement or for a degree in law.
Future employees transferring from another department where they were
included in an education incentive program pursuant to Massachusetts General
Laws Chapter 41, Section 108L shall be eligible for the primary education incentive.
2. Secondary Education Incentive:
Officers hired after July 1, 2009 and/or officers who had not started in a
collegiate degree program prior to September 1, 2009 shall receive an educational
incentive of 5% for an Associate’s Degree, 10% for a Bachelor’s Degree or 12.5% for
a Master’s Degree. After five (5) years of service, eligible officers will receive an
additional increase of two percent (2.0%) each year until they have reached the
applicable percentage associated with the primary educational incentive.
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Payments made pursuant to this educational incentive under this article shall
be included in the base pay when required by law for the purpose of
pension/retirement and for overtime pay as required by the Fair Labor Standards
Act. Payments made pursuant to this educational incentive under this article shall
not be included in the base pay for the overtime paid pursuant to the collective
bargaining agreement, special detail pay, court time, night shift differential, sick leave
buyback, longevity, OIC pay, holiday pay or any other pay.
To be eligible for educational incentive payments, an officer must notify the
Town of his/her eligibility by January 1 of the current fiscal year for payment in the
following fiscal year.
An Associate’s, Bachelor’s or Master’s Degree in the following major
concentrations shall be eligible for the Secondary Education Incentive Program:
Criminal Justice
Criminal Justice Administration
Criminology
Law Enforcement
Sociology
Psychology
Forensic Science
Public Administration
Political Science
A Juris Doctor degree is also an eligible degree and shall be
treated as a Master’s Degree for the purposes of this agreement.
Degrees shall have been awarded by a college or university listed in the
database of accredited postsecondary institutions and programs maintained by the
U.S. Department of Education.
ARTICLE XXIII
RIGHTS OF OFFICERS AND UNION ACTIVITY
1. The Town and the Union agree not to discriminate in any way against officers
covered by this agreement. The provisions of this agreement shall be applied
equally to all officers in the bargaining unit without discrimination because of age,
sex, marital status, race, color, religion, creed, national origin, sexual orientation,
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disability, political beliefs, union activities or non-union activities or union or non-
union membership.
2. In accordance with the provisions of Massachusetts General Laws Chapter
150E, officers have and shall be protected in the exercise of the right, without fear of
penalty or reprisal, to join and assist the Union. The freedom of officers to assist the
Union shall be recognized as extending to participation in management of the Union
and acting for the Union in the capacity of Union Officer or representative or
otherwise. In accordance with the provisions of Massachusetts General Laws
Chapter 150E, the Town agrees that it will not illegally aid, promote, or finance any
labor group or organization purporting to engage in collective bargaining or to make
any agreement with any such group or organization which would violate any right of
the Union under this agreement or the Law.
3. One (1) member of the Union’s negotiating committee shall be granted leave
from duty with no loss of pay or benefits for all meetings between the Town and the
Union for the purpose of negotiating the terms of a contract, provided said time is
approved in advance by the Chief of Police or his/her designed.
4. One (1) Union officer or steward shall be granted up to two (2) hours without
loss of pay or benefits to investigate, process and settle grievances, provided that
the Union officers or stewards shall request permission from the Chief of Police or
his/her designee. Except under emergency conditions, such permission may not be
withheld for more than twenty-four (24) hours.
5. The Union officers or stewards may, with permission of the Chief of Police, be
permitted to discuss official union business (a) with officers during working hours and
(b) with the Chief of Police or his/her designee at a mutually agreed upon time.
6. The Town hereby agrees to provide a bulletin board in a conspicuous place
within the police station for the posting of information of interest to the members of
the Union. The Union agrees that any information posted will not be of an
inflammatory, profane or obscene nature.
7. Annually, one (1) Union officer shall be given leave of up to two (2) days to
attend the MASSCOP Annual Convention without loss of pay.
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ARTICLE XXIV
PERSONNEL FILES
1. An officer shall have the right, upon written request, to review his/her
personnel file.
2. Material originating after the date of the agreement which is derogatory to an
officer’s conduct, service, character or personality that will be placed in his/her
personnel file shall be reviewed by the officer and the officer shall have the right to
file a written response within ten (10) days of the placement of that material into
his/her file. His/her response will be reviewed by the Chief of Police and attached to
the file copy.
An officer shall acknowledge that he/she has had the opportunity to review
such material by affixing his/her signature to the copy to be filed; with the express
understanding that such signature in no way indicates agreement with the
contents.
ARTICLE XXV
OFFICER IN CHARGE
If an officer is assigned to be the officer in charge of a shift, said officer shall receive
an additional Forty Dollars ($40) per shift for each shift he/she works in said capacity or
Twenty-five Dollars ($25) for any part of a shift the officer works in that capacity.
ARTICLE XXVI
AUTHORIZED SCHOOLING
1. The Town agrees to pay reasonable expenses to officers while attending the
police training schools or academy. For the purposes of this Article, reasonable
expenses shall be:
a. An officer attending an authorized school, seminar or required event
shall use a departmental vehicle for transportation to and from the same. In
the event that a departmental vehicle is not available for use by the officer,
authorization from either the Chief or the Lieutenant must be received prior to
the officer’s use of his/her private vehicle for travel and in order for the officer
to be paid mileage expense at the same rate as is allowed for other Town
employees for travel.
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b. An officer attending an authorized school, seminar or required event
other than normal shift duty shall, upon presentation of a receipt for the same,
be compensated for meals according to the following rate schedule:
Meal during the mid-day not to exceed $15.00 per meal
Meal during the evening not to exceed $22.00 per meal
ARTICLE XXVII
MILITARY LEAVE
An officer on military leave shall receive the difference in pay, if any, between his/her
current base salary and the amount of military pay for a period not to exceed two (2) weeks.
ARTICLE XXVIII
LEAVE OF ABSENCE
An officer may apply for a leave of absence without pay when he/she has completed
one (1) full year of employment. Requests shall be based upon good and sufficient reason,
bust be in writing to the Chief of Police, and shall be subject to the approval of the Board of
Selectmen. Leave shall not be granted for more than three (3) months but, upon approval
of the Board of Selectmen, such leaves may be extended for not more than three (3)
months at a time, not to exceed nine (9) months in the aggregate.
ARTICLE XXIX
PROMOTIONS
At least sixty (60) days prior to the intended filling of a vacancy, a written notice of
said vacancy will be posted.
ARTICLE XXX
GRIEVANCE PROCEDURE
1. This agreement sets forth the basic terms and conditions of employment and
is intended to continue the present and good relations between the Town, the Chief
of Police, the police officers, and their Union. A grievance is an allegation by the
Union or the Town that a specific provision of this collective bargaining agreement
has been violated. In the event of a grievance between the Union and the Town, the
representatives of both agree to make prompt and earnest efforts to settle the
matter. Except as provided hereinafter in section 3 of this Article, all grievances shall
be handled as follows:
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a. Step 1: The officer, with a Union representative if he/she so desires,
shall take up the grievance with the Chief of Police in writing within seven (7)
calendar days of the occurrence giving rise to the grievance. Any grievance
that is not filed timely at this step will be null and void. The written grievance
must contain the following information:
A concise statement of the grievance including the date filed
A statement of the remedial action or relief sought
The name or names of the person(s) aggrieved
The Chief of Police shall attempt to adjust the matter through a
meeting with the aggrieved and his/her representative and shall respond in
writing within seven (7) calendar days of his/her receipt of the written
grievance. If the grievance is not satisfactorily settled as a result, the
aggrieved may proceed to Step 2.
b. Step 2: The grievance may be submitted to the Board of Selectmen
within seven (7) calendar days of the written answer of the Chief of Police.
The Board of Selectmen shall provide its’ written answer to the grievance
within ten (10) calendar days following the conclusion of the meeting or
receipt of the appeal if no meeting is requested by the aggrieved or the Board
of Selectmen. If the grievance is not satisfactorily settled at this Step 2, the
aggrieved may proceed to Step 3.
c. Step 3: The grievance may be appealed to arbitration by a written
notice of such intention to appeal being given to the Board of Selectmen
within five (5) calendar days after the receipt of the written answer under Step
2. This appeal to arbitration shall be in accordance with the procedure and
conditions set forth herein. The demand for arbitration must be submitted to
the American Arbitration Association within twenty-one (21) calendar days
after receipt by the aggrieved party of the written answer under Step 2.
2. A grievance not initiated within the time limit specified shall be deemed
waived. Failure of a party to appeal a decision within the time limit specified will
mean the grievance shall not be eligible for further appeal. Failure of a party to
answer an appeal within the time limit specified shall mean that the appeal may be
taken to the next step immediately. The above limitations may be waived by mutual
written agreement of the parties. At Step 2, the Union will be notified of all meetings
and have a right to be present and be heard. No grievance carried forward by an
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individual will be settled in a manner inconsistent with any specific provision(s) of this
Agreement.
3. In the event the Town submits a grievance, it shall be processed in
accordance with the provisions of Section 1 except the discussion will be between
the Town’s representative and the Union’s representative. If the response of the
Union representative is not satisfactory to the Town, then the grievance may be
processed in accordance with Steps 2 and 3 and the arbitration provision.
4. No officer shall be able to submit a grievance to arbitration; that right being
reserved solely for the Town and the Union.
5. No reprisals of any kind will be made by the Town against any party in
interest or any participation in the grievance procedure by reason of such
participation.
6. When an officer elects to sue the grievance and arbitration procedure in
cases of discipline or discharge, such procedure shall be his/her exclusive remedy.
An officer shall be disciplined or discharged only for just cause. When an officer
elects to use another procedure for resolving his/her claim in cases of discipline or
discharge, such other procedure shall be his/her exclusive remedy and he/she shall
not have access to the grievance and arbitration procedure of this contract.
7. The officer(s) shall be in a pay status, with the approval of the Chief of Police,
when acting as a witness or when processing a grievance as described in Steps 1
and 2 above, provided he/she would otherwise be on duty.
8. Reprimands recorded in an officer’s personnel file are subject to the
grievance procedure through the Board of Selectmen level, but are not subject to the
arbitration procedure.
9. After an officer has completed two (2) continuous years without receiving
discipline of any kind, his/her file will be purged of all reprimands. All reprimands
removed from an officer’s personnel file will be maintained in a separate litigation file
that will be maintained by the Chief of Police.
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ARTICLE XXXI
ARBITRATION
1. In the event that either party to a grievance elects to submit said grievance to
arbitration, the parties shall select an impartial arbitrator through the American
Arbitration Association and the arbitration shall be conducted in accordance with the
rules of the American Arbitration Association.
2. The decision of the arbitrator shall be rendered within thirty (30) calendar
days of the completion of the arbitration hearings but such period may be extended
by mutual agreement of the parties hereto. The award of the arbitrator shall be final
and binding on the parties. The expense of the American Arbitration Association’s
fees and the arbitrator’s fees shall be shared equally; otherwise, each party shall
bear its’ own costs. The arbitrator shall have no right to add to, detract from or in
any way alter the provisions of this Agreement. Furthermore, the arbitration award
shall be one such as is permitted by Law and the regulations and policies of the
Commonwealth of Massachusetts as may be applicable to the Town, the officer, and
the Union.
ARTICLE XXXII
NO STRIKE
1. No officer covered by this Agreement shall engage in, induce or encourage
any strike (whether sympathetic, economic or otherwise), work, stoppage, slowdown
or withholding of services. The Union agrees that neither it nor any of its' officers or
agents will call, institute, authorize, participate in, sanction or ratify any such strike,
work stoppage, slowdown or withholding of services.
2. In the event that any officer or group of officers covered by this Agreement
should engage in any strike, work stoppage, slowdown or withholding of services,
the Union shall forthwith publicly disavow any such strike, work stoppage, slowdown
or withholding of services and shall refuse to recognize any picket line established in
connection therewith. Furthermore, at the request of the Town, the Union shall take
all reasonable means to induce such officers, or group of officers, to terminate the
strike, work stoppage, slowdown or withholding of services and to return to work
immediately.
3. The Town may impose disciplinary acting, including discharge, upon any and
all of the officers involved in a violation of this Article. Such action shall not be
subject to the grievance and arbitration procedure hereunder except as to the
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question of whether or not the officer(s) who were disciplined in fact engaged in,
induced or encouraged such conduct.
ARTICLE XXXIII
DRUG TESTING
1. Whenever the Chief of Police or, in his absence, an immediate supervisor,
has probable cause to believe that, based on objective facts or direct observations,
an officer may have a drug dependency problem that is affecting the performance of
his/her duties, the Chief of Police or immediate supervisor as above described may
require the officer to submit to drug screening tests for the presence of controlled
substances as defined in Massachusetts General Laws Chapter 94C as follows:
a. Notice of the order shall be given immediately to the officer, in writing,
along with the basis for the order.
b. The officer may initiate a review of the order by advising the Chief of
Police, in writing, within eight (8) hours.
c. If a review is requested by the officer, the order shall be reviewed by a
review committee. This committee will be comprised of a ranking officer to be
designated by the Chief of Police, an officer designated by the Union, and the
Town Administrator. The review shall be conducted and concluded within
forty-eight (48) hours of the order of the Chief of Police. The officer shall not
be subjected to any drug tests during the review period.
d. If the review committee concludes that the drug testing is warranted,
then the officer shall submit to such tests as described below immediately
upon notification of the decision of the committee. The officer shall have the
right to be accompanied by a Union representative.
e. If the review committee concludes that the testing is not warranted,
then all records of the order of the Chief of Police shall be destroyed and the
officer shall not be required to submit to such tests. The decision of the
committee shall be final and binding and will not be subject to the grievance
and arbitration provisions of the collective bargaining agreement.
2. The testing procedure shall be as follows:
a. The facility selected to conduct the analysis must be experienced and
capable of quality control, documentation, chain of custody, technical
expertise and demonstrated proficiency in radioimmunoassay testing. Only a
facility which has been properly certified by the state in which it is located to
perform such tests shall be used.
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b. Hair samples, urine samples or blood samples will be taken from the
officer according to directions provided by the testing facility.
c. The officer shall be advised of the specimen collection procedure.
d. The officer will be interviewed to establish the use of any drugs
currently taken under medical supervision. Any officer taking drugs by
prescription from a licensed physician as part of treatment which would
otherwise constitute illegal drug use, must notify the tester, in writing, and
include a letter from the treating physician.
e. The facility will provide the officer with a “split sample” which the officer
may take for testing at a facility of his/her own choosing. The “split sample”
shall be processed in accordance with the procedures used to collect the first
sample.
3. The testing procedures and safeguards provided in this policy shall be
adhered to by all personnel associated with the administration of drug tests.
a. The officer will be assigned a test code identification for the purpose of
maintaining anonymity and privacy throughout the sampling and testing
procedure. The officer shall sign and certify appropriate documentation that
the coded identification on the testing sample corresponds with the assigned
test code identification.
b. Each step of the testing procedure and processing of the test samples
shall be documented to establish procedural integrity and the chain of
custody. Where a positive test is confirmed, the sample shall be maintained
in secure storage for as long as is possible.
c. The initial screening test shall be a thin layer chromatography (TLC) or
Antibody/Immunological Test. Test results will be made known to the officer
just as soon as they are made known to the department.
d. If the screening test results in a negative finding, all record(s) of the
screening test shall be destroyed and the negative screening test shall be
final.
e. If the screening test results in a positive finding of specific drug(s), a
confirmatory test consisting of the gas chromatology mass, spectrotonotry
(gc-MS), or any testing procedure recognized as more accurate that may
develop in the future, shall be conducted.
f. If the confirmatory test results in a negative finding, all record(s) of the
screening test shall be destroyed and the negative confirmatory test shall be
final.
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4. On the first occasion of a positive finding of both the screening and
confirmatory tests, the officer shall be relieved of duty and placed on accrued sick
and/or vacation leave. When an officer has exhausted his/her accrued sick and/or
vacation leave, he/she shall be placed in a non-pay status. The officer shall remain
on sick leave, vacation leave, or on a non-pay status until he/she completes an
accredited drug rehabilitation program. The cost of such program shall be covered
by the officer’s insurance or by the Town. Discipline up to and including termination
may result if the officer refuses to participate in such a program.
A second offense under the provisions of this policy may subject the officer to
termination.
5. All records promulgated under this Agreement shall be kept by the Chief of
Police in a confidential file. Only the Chief of Police, the officer, or the officer’s
representative shall have access to that file.
ARTICLE XXXIV
FAMILY AND MEDICAL LEAVE ACT
1. In accordance with the Family and Medical Leave Act (FMLA) of 1993 as
amended, the Town of Brewster is required to provide eligible employees with up to
a maximum of twelve (12) weeks of unpaid leave in a twelve (12) month period for
one (1) or more of the following reasons:
a. To care for a newborn or newly-placed adopted or foster child
b. To care for a member of the employee’s immediate family with a
serious health condition
c. To care for the employee’s own serious health condition
d. Placement with the employee of a son or daughter for adoption or
foster care
e. Because of 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 has been notified of an impending call up or order to a covered
active duty status; and
f. To care for a covered service member with a serious injury or illness if
the employee is the spouse, son, daughter, parent or next of kin of the
covered service member.
Twelve (12) weeks of leave within a twelve (12) month period is the maximum
amount of leave required by the Family and Medical Leave Act, regardless of the
number of qualifying events involving an individual eligible employee that may occur
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within a twelve (12) month period. Eligible employees should use up all accrued
paid leaves prior to utilizing unpaid FMLA leave time.
2. Definitions
a. Serious Health Condition is defined as an illness, injury, impairment or
physical or mental condition that involves either:
incapacity or in-patient care at a health care facility, or
incapacity requiring absence from work or other activities for more
than three (3) calendar days during which continued treatment has
been prescribed by a health care provider, or
continued treatment by a health care provider for a chronic or long-
term health condition, which is incurable or, if left untreated, would
result in incapacity for more than three (3) calendar days.
b. Health Care Provider is defined as a doctor of medicine or osteopathy
authorized to practice within the jurisdiction in which he/she is located, or any
other person(s) capable of providing health care services as defined by the
Department of Labor’s Family and Medical Leave Act regulations.
3. Eligibility
To be eligible for leave, an officer must be employed by the Town for at least
twelve (12) months and have worked at least one thousand two hundred fifty (1,250)
hours within the previous twelve (12) month period. Leave will be pro-rated for
eligible part-time employees. The determination of the twelve (12) month period will
be calculated from the start date of the leave.
4. Substitution of Paid Leave
If leave is taken under this policy for the birth of a child, eligible female
officers may choose to take accrued paid sick, vacation or personal days for the first
eight (8) weeks. During the remaining four (4) weeks, eligible female officers must
exhaust their accrued paid sick, vacation and personal days.
If leave is taken under this policy for the adoption of a child under the age of
eighteen (18) years or twenty-three (23) years if the child is mentally or physically
disabled or for the placement of a foster child, the eligible female officer may choose
to use her accrued paid vacation or personal time for the first eight (8) weeks.
During the remaining four (4) weeks, eligible female officers must exhaust their
accrued paid vacation and personal days.
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Eligible male officers who take leave for the birth of a child must first exhaust
their accrued paid vacation and personal days.
Eligible male officers who take leave for the placement of an adopted or foster
child must first exhaust their accrued paid vacation and personal days.
Eligible officers who take leave under this policy for their own serious health
condition must first exhaust accrued paid sick leave, vacation and personal days and
compensatory time.
If the officer’s accrued paid leave is less than twelve (12) weeks, the
remaining weeks of leave, up to twelve (12) weeks in a twelve (12) month period, will
be granted without pay.
Any FMLA leave taken because of the birth of a child or the placement of an
adopted or foster child must be taken within twelve (12) months of the birth or
placement of the child.
5. Notice Requirement
In the case of leave for the birth or placement of a child, an officer must
provide thirty (30) days advance notice to his/her supervisor prior to the date on
which the leave is to begin. In an officer is unable to provide the thirty (30) days
advance notice, he/she must provide notice as soon as is possible.
If leave requested for a serious health condition is foreseeable based upon
planned medical treatment, officers are required to make a reasonable effort to
schedule the treatment(s) so as not to unduly disrupt the operations of the Town.
Officers are further required to provide thirty (30) days advance notice to their
supervisor or, if the treatment is required in less than thirty (30) days, as much
advance notice as is practical.
6. Certification Requirement
Officers requesting leave under this policy must provide certification from a
health care provider to the Town, which supports or recommends leave for their own
serious health condition or to care for a seriously ill member of their immediate
family.
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Certification is to be provided on the US Department of Labor’s Form WH-380
and must include the date on which the serious health condition was
detected/diagnosed, the probable duration of the condition, appropriate medical facts
regarding the condition, an estimate of the length of time that the officer will be
unable to perform his/her employment functions, or, in the case of a “care leave”, a
statement that the care provided by the officer is needed and will be beneficial to the
immediate family member with the serious health condition together with an estimate
of the amount of time that will be required of the officer to provide the proper care
unless recertification is restricted by the FLMA regulations. In the case of
intermittent leave, the dates and duration of care or treatments to be given or
received will be required.
The Town may require recertification by the health care provider every thirty
(30) days before authorizing further use of FMLA unpaid leave. The Town may also
require certification from the health care provider as to the officer’s fitness and ability
to resume employment functions prior to returning to work.
The Town may require, at its’ expense, that a second opinion be obtained. In
the event of conflicting opinion, the Town may require a third and final opinion at its’
expense.
The Town may require subsequent recertification on a periodic basis as to the
leave status and the officer’s intention to return to work.
7. Intermittent, Periodic and Reduced Schedule Leaves
An officer requesting leave because of his/her serious health condition or the
serious health condition of an immediate family member may request to take leave
intermittently or on a periodic or reduced schedule, if it is medically necessary.
The term “intermittently” describes a leave in which the officer does not take
all twelve (12) weeks consecutively, but takes a series of shorter leaves of varied
length; not to exceed a total of twelve (12) weeks over a twelve (12) month period.
The term “periodic” described a leave in which the officer takes a series of
leaves of consistent length on a regularly-scheduled bases in order to give care or to
receive treatment; not to exceed a total of twelve (12) weeks over a twelve (12)
month period.
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The term “reduced schedule” describes a leave schedule in which the officer
works fewer hours per week than usual in order to leave work to give or receive care
or treatment that has been certified as necessary by a health care provider.
The Town may require officers who seek intermittent, periodic, or reduced
schedule leaves to transfer temporarily to another position which can better
accommodate recurring periods of leave that the officer'’ regular position, provided
that the alternative position provides equivalent pay and benefits.
8. Officers’ Benefits During Leave
The Town will maintain health coverage for an officer on leave under this
policy at the same level and under the same conditions as the officer would enjoy if
not on leave. Because no paychecks will be issued to the officer while he/she is on
unpaid leave, the officer will be responsible to pay his/her portion of the health and/or
life insurance premiums that normally would be paid to the insurance company via
payroll deduction. If the officer fails to make his/her premium payment within thirty
(30) days of the depletion of paid leave time, the Town will cease maintenance of the
officer’s health care coverage.
Officers experiencing severe financial hardship may, within thirty (30) days of
the start of the unpaid portion of FLMA leave, petition the Personnel Board to
consider alternate means of maintaining the officer’s health insurance.
If the officer fails to return to work following the leave, unless the failure to
return is due to the continuation, recurrence or onset of a serious health condition
that entitles the officer to leave for a serious health condition of himself/herself or
his/her family or other circumstances beyond the officer’s control, the officer on leave
under this policy shall be responsible for reimbursement of the cost of his/her health
coverage previously paid by the Town during the leave period.
9. Reinstatement Following Leave
Except for officers in the highest paid ten (10%) percent of the Town’s work
force, officers on leave are entitled to reinstatement to the same or equivalent
position with equivalent pay, benefits, and other terms and conditions of employment
as they had held before going on leave. If, in the determination of the Town, denial
of an officer’s job restoration is necessary to prevent substantial and grievous
economic injury to the Town, officers in the highest ten (10%) percent of the work
force may be denied reinstatement following their leave under this policy.
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Officers will be informed of such denial as soon as is possible after the
determination is made by the Town. Affected officers may then elect to return to
work to avoid being denied reinstatement.
10. Conflicts with Family and Medical Leave Act
The Family and Medical Leave Act shall prevail if there is any conflict
between the Act and this policy.
To the extent that Massachusetts General Laws, Chapter 149, section 105D
provides greater family or medical leave rights than the Family and Medical Leave
Act of 1993, then Massachusetts General Laws, Chapter 149, section 105D shall
prevail.
ARTICLE XXXV
LEAVE FOR VICTIMS OF ABUSIVE BEHAVIOR
1. In accordance with MGL Chapter 149, Section 52E, “Employment Leave for
Victims and Family Members of Abusive Behavior” (the Law), the Town of Brewster
is required to provide eligible employees with up to a maximum of fifteen (15) days of
paid or unpaid leave to seek or obtain medical attention, counseling, victim services
or legal assistance, secure housing, obtain a protective order from a court, appear in
court or before a grand jury, meet with a district attorney or other law enforcement
official or attend child custody proceedings or address other issues directly related to
the abusive behavior against the employee or family member of the employee.
2. Definitions
Abusive behavior includes, but is not limited to, threatening, assaulting,
striking, harassing, stalking, causing physical harm or emotional pain, perpetrating
violence, destroying property, kidnapping, forcing a person to do things against their
will, etc.
3. Covered Individuals
The Law applies to public and private employers who employ fifty (50) or
more employees in Massachusetts. The Town of Brewster is a covered employer.
An employee is defined as an individual “who performs services for and under the
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control and direction of an employer for wages or other remuneration”. A family
member is defined in the statute as
a. A parent, step parent, child, step child, sibling, grandparent or
grandchild
b. A married spouse
c. Persons in a substantive dating or engagement relationship who
reside together
d. Persons having a child in common regardless of whether they have
ever married or resided together
e. Persons in a guardian relationship
4. Responsibility of Employers
a. Notification
Employers must notify each employee of his/her rights and
responsibilities under the Law. The Town of Brewster, by adoption of a policy
dated December 15, 2014 via a public hearing held December 15, 2014 and
posting of the same on the Town’s website and by posting paper copies of
this policy on conspicuous bulletin boards within its workplaces, notified its
employees of the Law and the Town’s responsibilities under the Law.
b. Leave
An officer is permitted to take up to fifteen (15) days of paid or unpaid
leave from work within the twelve (12) month period if the following criteria are
met:
The officer or a family member of the officer is a victim of abusive
behavior as defined by the Law
The officer is using the leave from work for one or more of the
reasons established in paragraph 1 above
The officer is not the perpetrator of the abusive behavior
c. The Town of Brewster will grant unpaid leave for absences qualified
under the Law if an eligible officer has no other paid personal, sick or vacation
leave available. If unpaid leave must be granted, the absence is to be
recorded under a general category of “other” on the officer’s payroll and
attendance records.
5. Confidentiality of Documents
The Town may request that an officer provide documentation evidencing that
the officer or the officer’s family member has been a victim of abusive behavior and
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that the leave is or has been taken consistent with the Law. The types of
documentation an officer can provide are described in section 7 below.
The Town is required to keep confidential all information related to the
officer’s leave under the Law. This information shall not be disclosed by the Town
except to the extent that disclosure is:
a. Requested or consented to, in writing, by the officer
b. Ordered to be released by a court
c. Otherwise required by applicable federal or state law
d. Required in the course of an investigation authorized by law
enforcement
e. Necessary to protect the safety of anyone employed at the workplace
Any documentation provided to the Town under the Law may be maintained
by the Town in the officer’s employee record but only for as long as is required for
the Town to make a determination as to whether the officer is eligible for leave under
the Law.
6. Responsibility of Officers
a. Notice
Except in cases of imminent danger to the health or safety of an
officer, an officer seeking leave from duty under this section of the Law must
provide appropriate advance notice of the leave to his/her supervisor. The
department will accept notice in the form of any communication by the officer
to his/her immediate supervisor. The supervisor must relay the request
confidentially, on behalf of the requesting officer, to the Chief of Police or his
designee for verification of eligibility under the Law.
In cases of a threat of imminent danger to the health or safety of an
officer or an officer’s family member, the officer is not required to provide
advance notice of leave but must notify the Chief of Police or his designee
within three (3) workdays that the leave was taken or is being taken under the
Law. Such notification may be communicated by the officer, a family member
of the officer, the officer’s counselor, social worker, health care worker,
member of the clergy, shelter worker, legal advocate or other professional
who has assisted the officer in addressing the effects of the abusive behavior
on the officer of the officer’s family member.
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The officer or individual authorized to communicate that the leave was
taken or is being taken under the Law may do so by telephone, in person, in
writing or by any other reasonable means.
7. Required Documentation
The Town may request that an officer provide documentation evidencing that
the officer or the officer’s family member has been a victim of abusive behavior and
that the leave is taken under the Law. The officer must provide such documentation
to the Town within a reasonable period after it has been requested. The Town
cannot require the officer to show evidence of an arrest, conviction, or other law
enforcement documentation of such abusive behavior. The officer can satisfy the
request for required documentation by providing any one of the following documents:
a. A protective order, order of equitable relief or other documentation
issued by a court of competent jurisdiction as a result of abusive behavior
against the officer or the officer’s family member
b. A document under the letterhead of the court, provider or public
agency which the officer attended for the purposes of acquiring assistance as
it related to the abusive behavior against the officer of the officer’s family
member
c. A police report or statement of a victim or witness provided to police,
including a police report, documenting the abusive behavior reported by the
officer of the officer’s family member
d. Documentation that the perpetrator of the abusive behavior against the
officer or family member has admitted sufficient facts to support a finding of
guilt of abusive behavior or has been convicted of or has been adjudicated a
juvenile delinquent by reason of any offense constituting abusive behavior
and which is related to the abusive behavior that necessitated the leave under
this section
e. Medical documentation of treatment as a result of the abusive
behavior reported by the officer or the officer’s family member
f. A sworn statement, signed under the penalties of perjury, and provided
by a counselor, social worker, health care worker, member of the clergy,
shelter worker, legal advocate or other professional who has assisted the
officer or the officer’s family member in addressing the effects of the abusive
behavior
g. A sworn statement from the officer, signed under the penalties of
perjury, attesting that he/she has been the victim of abusive behavior or a
family member has been the victim of abusive behavior.
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8. Leave
a. Duration
The Town must permit an officer to take up to fifteen (15) days of paid
or unpaid leave from duty during the 12-month period following the first
absence documented as qualifying under the Law. The officer must first
exhaust all annual paid personal, sick or vacation leave available to him/her
before taking unpaid leave. The Town may provide additional leave, if
needed, in accordance with leave under the collective bargaining agreement
(vacation, personal, sick, compensatory time, leave of absence), subject to
the approval of the Chief of Police.
b. Employment Protections
The Town cannot discharge or in any other manner discriminate
against an officer for exercising his/her rights under the Law. Upon the
officer’s return from such leave, the officer is entitled to all benefits accrued
prior to and during the absence related to the Law. The officer is entitled to
restoration of his/her same job or to an equivalent position upon return from
leave related to the Law.
If an unscheduled absence occurs, the Town cannot take any negative
actions against the officer if the officer, within thirty (30) days from the
unauthorized absence or, in the instance of consecutive days of unauthorized
absence, within thirty (30) days from the last unauthorized absence, provides
any of the documentation required under the Law and as above described.
ARTICLE XXXVI
SPECIALIZED DUTY
1. The Chief of Police may assign officers to perform the duties of Detective and
IT Officer. Officers serving in these capacities shall be compensated at an
annualized rate of Eighteen Hundred Dollars ($1,800.00)
Compensation shall be prorated for the actual time served. A minimum of
four (4) weeks must be served in these capacities before becoming eligible for
payment.
2. The Officer assigned to Detective duty shall receive a Six Hundred ($600.00)
Dollar clothing allowance, prorated for the actual time serving in this capacity.
Payment shall be made in monthly installments of Fifty ($50.00) Dollars.
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3. An officer assigned to act as a Field Training Officer will receive an additional
Thirty ($30.00) Dollars per shift that he/she actually works in that capacity.
ARTICLE XXXVII
PARENTAL LEAVE
Full time male and female employees will be eligible for parental leave if they have
completed an initial probationary period of employment not to exceed three (3) months or, if
there is no probationary period, after three (3) consecutive months of employment. Part
time employees are not eligible for parental leave.
An employee may use parental leave for the purpose of caring for a child after:
1. the child’s birth
2. the child’s adoption if the child is under the age of eighteen (18) years or
under the age of twenty-three (23) years if the child is mentally or physically disabled
3. the child’s placement pursuant to a court order.
An employee is entitled to eight (8) weeks of parental leave unless two (2) employees are
the parents of the same child in which case the employees are entitled to an aggregate of
eight (8) weeks. The parental leave is unpaid although the employee may use accrued sick
leave, if applicable.
If an employee is eligible for both parental leave and family medical leave and the reason
for the leave is covered by both statutes, the leave shall run simultaneously. Employees
taking parental leave shall not be required to take paid leave if they have paid leave
available but may choose to do so.
An employee is required to provide at least two (2) weeks’ notice of the anticipated start
date of the parental leave. If, for reasons beyond the employee’s control, two (2) weeks’
notice is not feasible, the employee is required to give notice as soon as practical.
The Family Medical Leave Act as amended by the regulations of 2013 shall prevail in any
conflict with parental leave. To the extent that MGL chapter 149, section 105D (Parental
Leave Act) provides greater family or medical leave rights than the Family Medical Leave
Act of 1993, the Parental Leave Act shall prevail.
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ARTICLE XXXVIII
INFECTION CONTROL GUIDELINES
The Town shall provide for the immediate, follow-up and ongoing treatment for any
member who is exposed to a potentially infectious disease; said treatment to be consistent
with the latest method of treatment available.
The Town agrees that it will meet the guidelines of the Southeastern Massachusetts
EMS Council protocol regarding infection control and will further meet OSHA Health
Standards with respect to the following: Hepatitis B immunizations and screening, AIDS
screening, TB screening, exposure reports, protective clothing and the replacement and/or
cleaning or any contaminated clothing or equipment.
ARTICLE XXXIX
GLOBAL POSITIONING SYSTEM AND AUDIO/VIDEO CAMERAS
The Town and the Union agree that Global Positioning System transmitters and
Audio/Video cameras have been installed in Police vehicles in accordance with the following
terms and conditions:
1. The Chief of Police shall advise the Union if the systems change.
2. The Town shall maintain the records consistent with state law and will
generally keep all GPS and Audio/Video Camera records, reports, data and
information for 90 days, unless otherwise required by law. The Police Department
will retain all records, reports, data and other information pertaining to specific
incidents until all matters regarding that incident have been resolved, regardless of
whether those matters are criminal, civil or administrative.
3. The parties agree that information obtained by the GPS and Audio/Video
Camera units
a. may be used for disciplinary action in the event of a serious offense
b. will generally be used for guidance or instructional purposes in the
event of violations of a less serious nature
c. may be used for disciplinary purposes for less serious violations in the
event of repeated violations.
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ARTICLE XXXX
PERFORMANCE EVALUATIONS
Performance evaluations for each union employee will be performed by the Patrol
Lieutenant and/or Special Services Lieutenant on an annual basis. Performance
evaluations shall be used by the administration of the department as a communication tool,
to observe and evaluate attitude, conduct, work habits, work ethic and to establish and
achieve goals and objectives.
Step increases for officers in steps one (1) through five (5) will be linked to a
successful performance evaluation as above described and subsequent approval of the
Chief of Police.
ARTICLE XXXXI
EFFECT OF AGREEMENT
1. This instrument constitutes the entire agreement of the Town and the Union
arrived at as a result of collective bargaining negotiations, except for such
amendments hereto as shall have been reduced to writing and signed by the parties.
2. The failure of the Town or the Union to insist, in any one or more situations,
upon performance of any of the terms or provisions of this agreement, shall not be
considered as a waiver or relinquishment of the right of the Town and the Union to
future performance of any such terms or provisions, and the obligations of the Town
and the Union to such future performance shall continue in full force and effect.
3. If any of the provisions of this Agreement shall in any manner conflict with any
Federal law or statute or statute of the Commonwealth of Massachusetts, such
provision shall be considered null and void and shall not be binding on the parties
hereto. In such event, the remaining provisions of the Agreement shall remain in full
force and effect. Where it is appropriate, the parties shall meet to negotiate a legally
constituted replacement provision(s), but this shall not constitute a reopening of this
Agreement.
4. The parties acknowledge that, during the negotiations which preceded the
execution of this Agreement, each had the unlimited right and opportunity to make
demands and proposals with respect to any subject or matter not removed by Law
from the area of collective bargaining and that the understandings and agreements
arrived at by the parties after the exercise of that right and opportunity are set forth in
this Agreement. Either party, however, may propose specific amendments to this
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Agreement and the parties may mutually agree upon amendments and proposals
and the effective date thereof but neither party shall be obligated to consider or
negotiate such proposed demands or amendments. Additions to this Agreement
shall be evidenced by letters of mutual intent, which shall be signed by
representatives of the parties duly authorized by the Town and the Union.
5. No provisions of this Agreement shall be retroactive prior to the effective date
unless otherwise specifically stated herein.
ARTICLE XXXXII
DURATION OF THIS AGREEMENT
1. This Agreement shall be effective on July 1, 2020 and shall continue in full
force and effect until midnight, June 30, 2021. Should either or both parties desire to
negotiate a new collective bargaining agreement, such party or parties shall, not later
than December 1, 2020, give notice in writing to the other by certified mail.
2. Upon receipt of such notice, the parties shall make mutually satisfactory
arrangements to engage in negotiations leading to a settlement of issues raised by
such notice. Nothing in this article shall preclude either the Town or the Union from
modifying any proposals made during the course of negotiations.
ARTICLE XXXXIII
TYPOGRAPHICAL ERRORS
The parties hereto agree to correct any typographical errors that may occur within
the agreement.
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IN WITNESS WHEREOF, the Board of Selectmen of the Town of Brewster and the
Brewster Police Union have caused this Agreement to be signed this _____ day of
___________________________, 2020.
For the Brewster Police Union For the Town of Brewster
______________________________ ______________________________
______________________________ ______________________________
______________________________ ______________________________
______________________________ ______________________________
______________________________
Approved as to form:
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FY 2021 FY 2022
+1%COLA
Hourly Annual Hourly Annual
PATROL
11 $33.94 $70,596.80
10 $33.11 $68,866.81
9 $32.32 $67,225.54
8 $31.52 $65,562.09
7 $30.75 $63,965.18
6 $30.00 $62,390.45
5 $29.25 $60,837.89
4 $28.52 $59,329.70
3 $27.83 $57,888.04
2 $27.14 $56,446.39
1 $26.48 $55,071.27
SGT
4 $41.13 $85,550.88
3 $40.03 $83,261.19
2 $39.06 $81,242.88
1 $38.11 $79,268.92
ATTACHMENT A
Officers and Sergeants who work a four (4) month rotation of midnight shifts shall be compensated with
an additional Four Hundred ($400.00) Dollars to be paid in the last pay period of that rotation. Officers
and Sergeants who work a four (4) month rotation of evening shifts shall be compensated with an
additional Three Hundred ($300.00) Dollars to be paid in the last pay period of that rotation.
Step increases for all union employees will be implemented on July 1 of each year. Step increases for
union employees with an established anniversary date between July 1 and March 31 will be
implemented on July 1 of the following fiscal year. Step increases for officers with an established
anniversary date between March 31 and June 30 will not be implemented until July 1 of the following
calendar year. Union employees who begin a step prior to January 1 will advance to the next step on
July 1 of the next fiscal year. Union employees who begin a step subsequent to January 1 will not
advance to the next step until July 1 of the following calendar year.