HomeMy Public PortalAboutPolice Personnel Bylaw effective 07/01/2020TOWN OF BREWSTER
PERSONNEL BYLAW
POLICIES & PROCEDURES
FOR
BREWSTER POLICE DEPARTMENT
PERSONNEL
EFFECTIVE
JULY 1, 2020
TABLE OF CONTENTS
PART 1 ADMINISTRATION
1.1 General Provisions 1
1.2 Administration of Policies 2
1.3 Personnel Records 2
PART 2 PRE-EMPLOYMENT/EMPLOYMENT
2.1 Recruitment and Appointment 4
2.2 Orientation/Probationary Period 6
2.3 Transfer, Promotion, Demotion, Reinstatement, Resignation 7
PART 3 COMPENSATION AND CLASSIFICATION
3.1 Classification Plan 9
3.2 Compensation Plan 10
3.3 Performance Appraisal 10
3.4 Overtime 11
PART 4 STANDARDS OF CONDUCT
4.1 Standards of Conduct 12
PART 5 DISCIPLINARY AND GRIEVANCE PROCEDURES
5.1 Disciplinary Procedure 12
5.2 Grievance Procedure 13
PART 6 PERSONNEL PRACTICES
6.1 Holidays 16
6.2 Vacation Leave 17
6.3 Sick Leave 18
6.4 Bereavement Leave, Civil Leave, Leaves of Absence,
Military Leave Emergency Personal Leave, Parental Leave 23
6.5 Family Medical Leave 28
6.6 Longevity 28
6.7 Employee Incurred Expenses and Reimbursement 28
6.8 Group Insurance 29
PART 7 POLICE LIEUTENANT 30
PART 8 POLICE DETECTIVE SERGEANT 36
PART 9 ANIMAL CONTROL OFFICER 42
PART 10 POLICE DISPATCHER 43
PART 11 CADET 45
PART 12 ADMINISTRATIVE ASSISTANT 46
PART 13 POLICE CAPTAIN 47
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PART 1 - ADMINISTRATION
1.1 General Provisions
1.1-1 Purpose and Authorization
The purpose of these personnel policies and the addendums attached hereto is to
establish a system which ensures that the recruitment, selection and advancement of
personnel shall be based on ability, knowledge, education and skill under fair and open
competition. The personnel system shall be administered without regard to race, color,
religion, sex, national origin, political affiliation, age as defined by law, sexual orientation or
disability.
These personnel policies and the addendums attached hereto are promulgated by the
Board of Selectmen (hereafter abbreviated as BOS), acting as the Personnel Board (hereafter
abbreviated as PB), pursuant to the authority granted by the personnel bylaw.
1.1-2 Application
In accordance with Section 36-2 of Chapter 36 of the Code of the Town of Brewster
(copy attached hereto as Addendum 1) related to Personnel, all employees are covered by
these personnel policies except those with personal contracts, and employees covered under
collective bargaining agreements. The provisions of this chapter shall not be applicable to
employees covered under collective bargaining agreements except where such collective
bargaining agreements expressly so provide. .
All employees covered by these personnel practices shall work under the
supervision and authority of the Police Department (the Chief of Police and/or his
designee) who shall determine the duties, schedules and job assignments applicable to the
position.
1.1-3 Rules of Interpretation
(a) These policies are intended to be in accordance with all applicable state and
federal laws. In the event that town policies are inconsistent with the applicable
state or federal law the applicable law shall apply.
(b) Words using the singular number may extend and be applied to several
persons; words using the masculine gender shall include the feminine gender.
1.1-4 Definitions
The following definitions shall apply:
(a) "town" shall mean the Town of Brewster.
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(b) "continuous service" shall mean employment which is uninterrupted except
by authorized leaves, as provided herein.
(c) "Full-Time Employees" - A full-time employee works a minimum of thirty-
five (35) hours per week and on a continuing basis (indefinite). Such an employee is
subject to all rules and policies and receives all benefits and rights as provided by the
Personnel Rules and Regulations.
(d) “Regular Part-Time Employees” - A regular part-time employee works an
annual average of twenty (20) to thirty-five (35) hours per week.
(e) "Seasonal Employees" – A seasonal employee is hired for a temporary
period and will be terminated at the end of the season for which they are hired
(f) “Part Time Employees” (less than 20 hours per week) – A part time
employee (less than 20 hours per week) works less than an annual average of twenty
(20) hours per week.
1.2 Administration of Policies
1.2-2 Responsibilities of the Town Administrator/Board of Selectmen
The Chief of Police shall be responsible for the administration of these policies,
subject to the policy direction of the Board of Selectmen.
The Chief of Police shall report to the Board of Selectmen personnel actions and
make recommendations relating to personnel policies.
The Board of Selectmen shall be responsible for the interpretation of these rules and
regulations.
1.3 Personnel Records
1.3-1 Policy
The Chief of Police is responsible for establishing and maintaining a centralized
personnel record keeping system for all Police Department employees. The personnel
record keeping system shall contain such records as may be required by law and as
necessary for effective personnel management. The personnel records of the Police
Department shall be maintained in a secure, fire protected location.
1.3-2 Employees Covered by Record Keeping Policy
All employees.
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1.3-3 Contents of Records
The Chief of Police shall maintain an individual personnel file for each employee
which may include, but not be limited to, the following : the employment application or
resume; a copy of any documented reference checks and background investigation reports; a
report of all personnel actions reflecting the original appointment, promotion(s),
demotion(s), reassignment(s), transfer(s), separation(s) or layoff(s); history of employment
and correspondence directly related to the employee's past employment record,
reclassification(s) or change(s) in the employee's rate of pay or position title,
commendations, records or disciplinary action, training records, performance evaluation(s)
and other records that may be pertinent to the employee's employment.
In confidential files, maintained exclusively by the Chief of Police and separately
from the above mentioned files, the Chief of Police shall maintain a copy of:
any physical examination reports and health reports relating to the essential
elements of the job;
information related to on-the-job injuries and related leaves of absence, self-
identification of handicap and related documents for requests for reasonable
accommodation and all documentation requiring confidentiality under federal or
state law.
1.3-4 Confidentiality and Access to Records
Personnel records shall be considered confidential and access to records shall, unless
circumstances otherwise dictate, be limited to persons authorized by the Chief of Police.
Any employee may, upon request to the Chief of Police, have access to review his/her
personnel file. The employee's review of his/her employment record shall be in the presence
of the Chief of Police or his designee. Access to health and physical condition information
or documentation may only be released to outside entities or persons after receipt by the
Chief of Police of written release signed by the employee.
1.3-5 Notice to Employees
Whenever any material is to be inserted into the personnel file or record of an
employee, such employee shall be promptly notified and given a copy of such material upon
its insertion. Such material shall be date stamped before its insertion.
1.3-6 Employee Opportunity to Respond
Any employee may challenge the accuracy or propriety of such material by filing a
written statement with the Chief of Police of the challenge in the personnel file.
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PART 2 - PRE-EMPLOYMENT/EMPLOYMENT
2.1 Recruitment and Appointment
2.1-1 Recruitment Policy
The Town shall be an equal opportunity employer. The Town is committed to a
policy providing equal employment opportunity. Discrimination against any person in
recruitment, examination, appointment, training, promotion, retention or any other personnel
action because of political affiliation, race, religion, color, national origin, age according to
law, sex, disability, sexual orientation, or any other non-merit factor is prohibited.
2.1-2 Centralized and Open Application Process
The town may accept applications for employment at any time and in accordance
with Section 2.1-5 (b) below. The Town shall maintain applications received for a
minimum period of three (3) months time. It shall be the practice of the Chief of Police to
review these general application files when a vacancy arises. The town has no obligation to
consider any application on file, nor is the town obligated to notify any applicant concerning
an available position vacancy.
2.1-3 Recruitment
The Chief of Police shall be responsible for recruitment, screening of job candidates
and recommending appointments. However, nothing in this section should be construed to
limit the power of the BOS or the Town Administrator to appoint employees as defined in
the Town of Brewster Code, Chapter 5-3, section c. The minimum qualifications,
classification and salary range for positions shall be established in accordance with the
classification and compensation plans adopted by the BOS.
The Chief of Police shall have the discretion to use all appropriate measures of
recruiting personnel, including, but not limited to: use of employment agencies; employee
referrals; use of trade and other professional journals as he/she deems necessary.
(a) Posting and Advertisement of Job Vacancy Notices
Advertising should be adequate to ensure that a sufficient number of
qualified applicants apply for available vacancies. However, in all circumstances,
the Chief of Police shall ensure that: notices of vacant positions be posted for ten
(10) business days, immediately prior to the closing date for applications on the
bulletin boards in prominent work locations; and job vacancy notices be placed in a
local newspaper at least fourteen (14) days prior to the closing date for applications.
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(b) Applications
All candidates applying for employment in the town shall complete an
official employment application form and return the form to the office of the Chief
of Police prior to the closing date and/or time specified in the position
announcement. Each applicant shall sign the form, and the truth of all statements
shall be certified by the applicant's signature. All candidates who complete the
employment application form accurately and honestly shall be entitled to a fair and
equitable review of their qualifications by the Town.
(c) Examinations
The Chief of Police may require an examination as one part of the selection
process. Examinations may be written, oral, practical, psychological, physical or
any combination thereof and shall be relevant, as required by Law, to the
requirements and the essential functions of the position.
(d) References
A candidate's former employers, supervisors and/or other references may be
contacted as part of the selection process. References and other background
investigations, including Criminal Records Investigations, as allowed by federal and
state law, shall be completed and made part of the applicant's file. All reference
checks and investigations shall be completed prior to the offer of employment, in
accordance with appropriate laws.
(e) Application Records
The application, documentation of reference checks and related documents
submitted shall be maintained by the Chief of Police in the employee's personnel
file. The Chief of Police shall maintain application records for a period required by
law. The Chief of Police, to the extent possible and to the extent required by
appropriate laws, shall maintain the confidentiality of all applications.
2.1-4 Appointments
All appointments shall be made in writing by the appointing authority as defined in
the Town of Brewster Code, Chapter 5-3, section c, and shall be conditional, subject to the
provisions of Section 2.1-7, below. The written notice of appointment shall include the
starting salary, the conditional starting date, any unique or unusual conditions of
employment and appropriate additional information. Copies of any letters of appointment
shall be provided to the Town Administrator.
2.1-5 Medical Examination
All persons selected for employment with the town, after receipt of notice of
conditional appointment, and prior to commencement of employment, may undergo a
medical examination, as determined by the Chief of Police, relating to the essential
functions of the position as outlined in the job description to be provided to the examining
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physician by the Chief of Police. The examination shall be at the expense of the Town by a
physician or medical institution selected by the Chief of Police. The examining physician
shall advise as to whether or not, in the opinion of the physician, the applicant is fit to
perform the essential functions of the position. If deemed unfit to perform the essential
functions of the position for which the conditional appointment has been made the
appointing authority shall rescind the conditional offer of employment.
2.1-6 Failure to Report
An applicant who accepts an appointment and fails to report to work on the date set
by the appointing authority, shall, unless excused by the appointing authority, be deemed to
have declined the appointment and the offer of employment shall be rescinded.
2.2 Orientation/Probationary Period
2.2-1 Orientation/Probationary Policy
Performance of all new employees must meet acceptable work standards. The
probationary period shall be utilized to help new employees achieve an effective
performance level. To insure that new employees are aware of their duties and
responsibilities, the Chief of Police or his designee shall inform new employees of their
benefits, rights, responsibilities, duties and obligations. The employee shall be provided
with a copy of this document along with the Rules and Regulations of the Police
Department.
2.2-2 Orientation
The Chief of Police or his designee shall conduct periodic orientation sessions for
new employees, for the purpose of providing new employees with information on benefits,
rights and obligations. Each employee governed by this bylaw shall be provided with a
copy of these personnel policies and procedures, along with the Rules and Regulations of
the Police Department, as part of orientation.
2.2-3 Probationary Period
All newly appointed employees shall be required to successfully complete a
probationary period to begin immediately upon the employee's starting date and to continue
for a six (6) month period. The probationary period shall be used by the Chief of Police to
observe and evaluate the employee's attitude, conduct, work habits and performance of the
essential functions of the position. Upon expiration of the probationary period, the Chief of
Police shall notify the probationary employee in writing that one of the three (3) following
conditions exists:
(a) The employee's performance meets satisfactory standards and the individual
will be retained in the position, or
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(b) The employee's performance requires additional observation and the
probationary period will be extended by the Chief of Police for an additional
period of time not to exceed six (6) months, or
(c) The employee's performance, attitude or conduct was unsatisfactory and the
employee will not be retained. The Chief of Police will consult with the
appointing authority and such employee will be notified in writing by the
appointing authority that he/she is terminated.
If the employee’s performance, attitude or conduct is unsatisfactory, at any time
during the probationary period, or its extension, if applicable, the Chief of Police shall
consult with the appointing authority and the Chief of Police may terminate a newly hired
probationary employee. The appointing authority shall notify such probationary employee
in writing of termination and the effective date of the action. The employee may not appeal
the removal.
The Chief of Police or his designee, during the probationary period of any employee
shall, at reasonable intervals but no less than twice, discuss work performance with the
probationary employee and provide the employee with an assessment of his/her
performance. The Chief of Police shall be responsible for documenting these discussions
and copies of such documentation shall be placed in the employee's personnel file.
2.3 Transfer, Promotion, Demotion, Reinstatement and Resignation
2.3-3 Promotion
(a) Filling of Vacancies - The Town of Brewster seeks to promote employees
from within when it is possible to do so.
(b) Notification - Notice of the existence of vacancies shall be posted at Town
departments for three (3) working days prior to advertising in the local media.
(c) Probationary Period - All promotions shall be subject to a probationary
period of six (6) months. If during this probationary period the Chief of Police
determines that the job is not being satisfactorily performed, the employee shall be
returned to their former position without prejudice. Any employee so demoted shall
be ineligible to apply for promotion for a period of twelve (12) months.
2.3-4 Demotion
An employee may be demoted to an available position of lower grade for which he
is qualified for any of the following reasons:
(a) When an employee would otherwise be laid off resulting from the abolition
of a position; the employee's position is reclassified to a higher grade for which the
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employee is not qualified; lack of work; lack of funds; or because of the return to
work from authorized leave of another employee to such a position in accordance
with the rules of leave.
(b) When an employee does not possess the necessary qualifications to render
satisfactory service in the position he/she holds.
(c) When an employee voluntarily requests such demotion.
All demotions shall be approved by the appointing authority.
2.3-5 Past Employment Service Credit
An employee who has resigned with a good record; or is on a leave of absence may
be re-employed. A full-time or regular part-time employee who has left the service of the
Town voluntarily and who is re-employed by the Town within two (2) years according to
the provisions of the Personnel By-Law, shall after one (1) year of service after his/her
return receive credit for prior employment service in the calculation of certain compensation
and benefits entitlements, to include merit increments, longevity, vacation and sick leave.
An employee who has been involuntarily laid off and is rehired by the Town within two (2)
years of his/her lay off shall immediately receive credit for prior employment service in the
calculation of all compensation and benefits entitlements.
PART 3 - COMPENSATION AND CLASSIFICATION
3.1 Classification Plan
3.1-1 Policy
The town shall establish a uniform system for classifying positions and establish
proper relationships between positions based on reasonable criteria.
3.1-2 Coverage
All full-time and part-time employees of the Police Department.
3.1-3 Classification Plan Administration
The Chief of Police shall have responsibility for the administration of the
classification plan and may, after consultation with the SB/PB, be authorized to: (a)
complete studies of new positions and make allocations to existing classes, establish a new
class of positions, or delete a class of positions; (b) provide for studies of existing positions
when there has been a substantial change in the duties and responsibilities which justify
consideration of possible reclassification; (c) conduct periodic studies to insure the
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classification plan remains uniform and current; and (d) develop procedures to determine the
proper classification of each position and classify positions.
3.1-4 Classification of New Positions
Appointing authorities proposing the creation of new positions shall provide the
SB/PB with a description of the essential functions, skills, knowledge, abilities and other
work performance requirements of a proposed position in sufficient detail to enable the
SB/PB to appropriately classify the position.
3.1-5 Reclassification of Positions and Periodic Reviews
Positions may not be reclassified without a review and approval of the BOS/PB.
The PB shall review all positions subject to the classification plan in accordance with proper
personnel practices.
3.1-6 Classification Plan
The classification plan shall be reviewed and shall be effective only if adopted by
the SB/PB.
3.2 Compensation Plan
3.2-1 Policy
The SB/PB shall establish a compensation plan. The Town Administrator shall be
responsible for the administration of the compensation plan.
3.2-2 Coverage
All full-time, part-time and seasonal employees in accordance with Section 36-2 of
Chapter 36 of the code of the Town of Brewster and as further identified herein.
3.2-3 Starting Rates for New Appointments
Persons newly appointed to positions shall be paid at the minimum rate, provided,
however, the Chief of Police may recommend, on the basis of exceptional qualifications,
compensation at a higher rate within the approved corresponding pay range indicated in the
then-current compensation plan. Compensation at any such higher rate shall require the prior
approval of the Town Administrator. Written justification for approved starting pay rates
above the minimum shall be provided as documentation to the employee’s personnel file.
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3.2-4 Payroll Frequency
The Town shall compensate employees using a bi-weekly (every two weeks) payroll
system.
3.3 Performance Appraisal
3.3-1 Policy
There shall be an annual performance appraisal for each employee. The nature of
the evaluation shall be determined by the Chief of Police. It is the intention of the town to
link compensation with performance.
3.3-2 Coverage
All full time and part time employees in accordance with Section 36-2 of Chapter 36
of the Code of the Town of Brewster.
3.3-3 Procedures
The nature of the performance evaluation system, the type of forms and process
established shall be determined by the Chief of Police who shall be responsible for the
administration of the performance evaluation system that is established.
3.4 Overtime
3.4-1 Policy
The Town shall pay overtime, when authorized, in conformance with the Fair Labor
Standards Act (FLSA). With the exception of the Administrative Assistant who shall work
a 37.5 hour week, employees covered by these personnel practices shall work a 40 hour
week. All employees covered by these personnel practices shall be paid overtime for hours
worked beyond the 40 hour work week. The Chief of Police shall be responsible for the
control and authorization of overtime. Overtime work shall be authorized at the discretion
of the Chief of Police, with consideration given to the department's budget and staffing
options. The Chief of Police may grant compensatory time in accordance with the FLSA.
3.4-2 Overtime - Police Dispatchers
See Part 10 – Police Dispatcher
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PART 4 - STANDARDS OF CONDUCT
4.1 Standards of Conduct
Employees of the Police Department shall be governed by and adhere to the
standards of conduct established and delineated within the department’s Policies and
Procedures and Rules and Regulations as they may be in effect.
PART 5 - DISCIPLINARY AND GRIEVANCE PROCEDURES
5.1 Disciplinary Procedure
5.1-1 Policy
The Chief of Police shall be responsible for enforcing standards of conduct and rules
and policies. Failure to comply with standards of conduct or any rules and policies may
result in disciplinary action. Disciplinary action shall include only the following: oral
reprimand, written reprimand, disciplinary probation, suspensions and discharge. The Chief
of Police shall be responsible for preparing written documentation of any and all
disciplinary action imposed. All written documentation shall be filed in an employee's
personnel file in the personnel record keeping system. Should disciplinary action be
rescinded through the grievance process, such references to the action shall be removed
from the employee’s personnel file.
5.1-2 Coverage
All full-time, part-time and seasonal employees of the Police Department.
5.1-3 Procedures
(a) Oral Reprimand
The Chief of Police or his designee may issue an oral warning to the
employee. An oral reprimand shall be noted in the employee's personnel file.
(b) Written Reprimand
The Chief of Police may issue a written warning. A copy of the written
warning shall be placed in the employee's personnel file and carry a specified period
in which the behavior shall be improved.
(c) Suspension
The Chief of Police, after consultation with the appointing authority and with
due cause, may suspend an employee without pay for a period or periods not to
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exceed five (5) working days.. Suspension may be in lieu of oral reprimand, written
reprimand, demotion and disciplinary probation and may be effective immediately.
Within forty-eight (48) hours of the effective date of the suspension the employee
shall be provided with a written notice stating the reasons for and the length of the
suspension. Suspensions exceeding five (5) working may be issued by the
appointing authority, after consultation with the Chief of Police.
(d) Discharge
An employee may be discharged for cause. The appointing authority, after
consultation with the Chief of Police, shall provide the employee with a written
notice of discharge and the effective date of the discharge. Depending upon the
underlying actions of the employee, discharge may occur despite the lack of prior
disciplinary action.
5.2 Grievance Procedure
5.2-1 Policy
The intent of this grievance procedure is to reconcile employee grievances,
whenever appropriate, in an efficient and effective manner. Participants in the grievance are
expected to act appropriately and respect the grievance process.
5.2-2 Employees Covered by Grievance Procedure
All full time and part time employees.
5.2-3 Grievance Procedure
The term “grievance” shall mean any dispute concerning the application or
interpretation of these personnel rules and policies or disciplinary procedures and shall be
resolved in the following manner:
(a) An aggrieved employee shall make an effort to discuss any matter of
dispute with his or her immediate supervisor in a mutual effort to resolve any
problem or misunderstanding. Notwithstanding the above, an aggrieved
employee shall present a grievance, in writing, to his or her immediate supervisor
not later than ten (10) calendar days from the time the employee has knowledge or
reasonably should have had knowledge of the occurrence which gave rise to the
grievance. The written grievance shall contain the following information:
The section(s) of these personnel rules and policies or the policies and
procedures of the Police Department upon which the grievance is
based
The occurrence(s) being grieved
Applicable date(s) and time(s)
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Any pertinent information relative to the grievance
The relief that is desired
The supervisor, within five (5) working days of his or her receipt of the
written grievance, shall provide an answer, in writing, to the aggrieved employee.
If the grievance is not resolved to the satisfaction of the aggrieved employee and
the immediate supervisor and the Chief of Police are the same person, the
employee may continue by following the procedure set forth in (c) below or, if the
immediate supervisor and the Chief of Police are not the same person, the
employee may continue by following the procedure set forth in (b) below.
(b) The aggrieved employee shall, within five (5) working days after receipt
of a written answer from his or her immediate supervisor or within ten (10)
working days after presentation of the written grievance to his or her immediate
supervisor, present the grievance in writing to the Chief of Police in accordance
with the procedure as set forth in (a) above. The Chief of Police, within five (5)
working days of his or her receipt of the written grievance, shall provide an
answer, in writing, to the aggrieved employee. If the grievance is not resolved to
the satisfaction of the aggrieved employee, the employee may continue by
following the procedure set forth in (c) below.
(c) The aggrieved employee shall, within five (5) working days after receipt
of a written answer from the Chief of Police or within ten (10) working days after
presentation of the written grievance to the Chief of Police, present the grievance
in writing to the Town Administrator in accordance with the procedure as set
forth in (a) above. The Town Administrator, within five (5) working days of his
or her receipt of the written grievance, shall provide an answer, in writing, to the
aggrieved employee. If the grievance is not resolved to the satisfaction of the
aggrieved employee, the employee may continue by following the procedure set
forth in (d) below.
(d) The aggrieved employee shall, within ten (10) working days after receipt
of a written answer from the Town Administrator or within twenty (20) working
days after presentation of the written grievance to the Town Administrator,
present the grievance to the Board of Selectmen, in writing, in accordance with
the procedure as set forth in (a) above, together with a written request for a
hearing. The Board of Selectmen shall hold a hearing on the grievance and shall
answer the grievance, in writing, within thirty (30) days after its receipt by them.
The Board of Selectmen may support, modify or reverse the action of the Town
Administrator. The decision of the Board of Selectmen shall be final.
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5.2-4 Procedural Protections
Employees may be represented by counsel or another representative during the
grievance process. Any expenses incurred by an employee during the course of the
grievance process shall be borne by the employee. Any employee, including the grievant,
who is required or requested to be present at any hearings on a grievance shall not lose
any pay for work time lost.
The Chief of Police and/or departmental supervisors shall not retaliate or take any
disciplinary action against an employee based upon the filing of a grievance.
5.2-5 Failure to Act
Grievances are expected to be filed in a timely manner and all time limits
specified in the grievance process procedures shall be met by all parties involved
provided, however, any time limit may be extended by written agreement between the
Board of Selectmen and the employee filing the grievance. Failure of the employee to
meet the time limits specified in this section shall result in a grievance being denied,
closed and further declared null and void.
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PART 6 - PERSONNEL PRACTICES
6.1 Holidays
See Part 10 attached as it applies to holidays and holiday compensation for Police
Dispatchers.
6.1-1 Coverage
All full-time employees and part-time employees working an average of twenty (20)
or more hours per week on a regular basis in a calendar year in accordance with Section 36-
2 of Chapter 36 of the Code of the Town of Brewster. Temporary and seasonal employees
are not eligible for paid holidays off or holiday pay for holidays worked.
6.1-2 Recognized Holidays
The following holidays shall be recognized by the town on the day on which they
are legally observed, and on these days, employees who are scheduled to work shall be
excused from all duty, without loss of pay, except in cases where the employee is required to
work in order to maintain essential town services:
New Year's Day Labor Day
Martin Luther King Day Columbus Day
President's Day Veteran's Day
Patriots Day Thanksgiving Day
Memorial Day The day following Thanksgiving Day
Independence Day 1/2 day prior to Christmas Day*
Christmas Day
*In a calendar year in which Christmas Falls on a Saturday, Sunday or
Monday, there will be no one-half (1/2) day off on the preceding Friday; however,
when Christmas falls on Tuesday, the Town will grant one full day off on the day
preceding the Christmas holiday.
Whenever one of these designated holidays falls on a Saturday, those permanent
employees scheduled to work on the preceding Friday shall be excused from duty on that
Friday, with pay. Whenever one of these designated holidays falls on a Sunday, those
permanent employees scheduled to work on the following Monday, shall be excused from
duty on that Monday, with pay.
6.1-3 Terms of Holiday Pay
Holiday pay shall be granted as follows:
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(a) A full time employee paid on an hourly basis will receive only a day's pay at
the regular rate based on the number of hours regularly scheduled on the day on
which the designated holiday occurs.
(b) Holiday pay shall be granted to an eligible employee in active status,
provided that the employee shall have worked on the employee's last scheduled
working day prior to the date of the holiday and the next regularly scheduled
working day following such holiday, or was in full pay status on such preceding and
following days in accordance with other provisions of these policies, or was
appropriately excused.
(c) For the purposes of this section, when an eligible hourly employee is
required to work on a designated holiday, holiday pay shall be one and one half (1.5)
times the base rate of pay.
(d) When an eligible employee is on vacation during a designated holiday, pay
for the holiday shall be considered holiday pay, rather than vacation pay, and the
employee’s vacation leave will not be charged.
(e) A part-time hourly employee working an annual average of twenty (20) or
more hours per week and in continuous service with the Town, shall be granted
holiday pay in the same proportion that his/her part-time service bears to full-time
service if that employee would normally have been scheduled to work on the
designated holiday.
(f) A part time hourly employee working an annual average of less than twenty
(20) hours per week who is ineligible for holiday pay in accordance with these
personnel policies may, at the discretion of the Chief of Police, work an adjusted
schedule in a holiday week to maintain the employee’s usual number of work hours
for the pay period.
6.2 Vacation Leave
The vacation year shall be determined by the employee’s anniversary date of hire
with the Town. Vacation shall be granted in accordance with the following schedule:
(a) Full-time employees in continuous service of the Town for more than six (6)
months but less than one (1) year of employment who have successfully completed
the probationary period shall earn five (5) days of vacation leave with pay to be used
during the first year of employment.
(b) Full-time employees in continuous service of the town for more than one (1)
year but less than five (5) years of continuous service shall be entitled to ten (10)
days per year of vacation leave with pay.
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(c) Full-time employees in continuous service of the town for more than five (5)
years but less than ten (10) years of continuous service shall be entitled to fifteen
(15) days per year of vacation leave with pay.
(d) Full-time employees in continuous service of the town for more than ten (10)
years but less than fifteen (15) years of continuous service shall be entitled to twenty
(20) days per year of vacation leave with pay.
(e) Full-time employees in continuous service of the town in excess of fifteen
(15) years shall be entitled to twenty-five (25) days per year of vacation leave with
pay.
(f) Part-time employees who work less than twenty (20) hours per week are not
entitled to paid vacation leave. Regular part-time employees who regularly work
more than twenty (20) hours per week shall be granted vacation leave in the same
proportion that his/her part-time service bears to full-time service.
(g) Employees utilizing paid vacation leave in advance of earning it shall be
required to repay the town if they do not remain in the town’s employment long
enough to earn the vacation leave taken.
6.3 Sick Leave
6.3-1 Coverage
Full-time employees in accordance with Section 36-2 of Chapter 36 of the Code of
the Town of Brewster.
6.3-2 Accumulation
Full-time employees shall earn sick leave at the rate of one and one quarter (1 1/4)
days per month up to a maximum of fifteen (15) days per year.
Unused sick leave may be accumulated from year to year up to a maximum of: one
hundred ninety (190) days.
Part-time employees who work less than twenty (20) hours per week are not entitled
to accumulated sick leave. Regular part-time employees who regularly work twenty (20) or
more hours per week shall earn sick leave in the same proportion that his/her service bears
to full-time service.
6.3-3 Use of Sick Leave
Sick leave is intended to allow for continued compensation for an employee who is
sick or injured and incapable of working.
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(a) Occupational Illness or Injury
An employee who suffers a personal injury or illness arising out of or in the
course of his/her employment with the Town of Brewster will be entitled to benefits
pursuant to G.L.C.152 (Workers Compensation law), except sworn police personnel
{i.e., lieutenants(s), detective sergeant(s)}, who are covered by MGL Ch. 41, Sec
111F. The employee shall receive his/her base pay, less any payment received under
the Workmen’s Compensation Law of the Commonwealth provided the employee
has accumulated sick leave in his/her account from which sick leave may be
deducted. The deduction from the employee’s sick leave account will begin with the
date of injury.
(b) Non-Occupational Illness or Injury
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:
(1) When an employee is unable to perform his/her duties because
he/she is incapacitated by personal illness or non-occupational injury.
(2) When the spouse or child of an employee is ill, an employee may
utilize up to a maximum of five (5) days of sick leave credits per fiscal year
to care for that spouse of child.
(3) When an appointment with a health care provider cannot reasonably
be scheduled outside of normal working hours. Such deduction to sick leave
is not to exceed three (3) hours per appointment. Appointments that are
located off of Cape Cod and requiring travel time will not be subject to this
limitation.
(4) When, through exposure to a contagious disease, the presence of the
employee at his/her work location would jeopardize the health of others.
(c) Upon return to work following a sick leave of five (5) or more consecutive
workdays, an employee may be required to undergo a medical examination to
determine his/her fitness for work. The employee, if he/she so desires, may be
represented by a physician of his/her choice.
(d) 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) consecutive workdays or more than eight (8) workdays in a calendar
year. This certificate of illness shall consist of a signed statement by a licensed
healthcare practitioner that he/she has personally examined the employee and shall
contain a statement 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
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employee’s return to work or fitness for duty. 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.
(e) An employee having no sick leave credits that is absent due to illness may
be required to apply other paid leave toward the absence.
(f) Employees requesting sick leave under this provision must notify the
department at least one (1) hour before the start of his/her work shift on each day of
absence. Such notice must include the general nature of the disability and the
estimated time for which the employee will be absent. Where circumstances
warrant, the Chief of Police or his/her designee shall reasonably excuse the
employee from such daily notification.
6.3-4 Abuse of Sick Leave
Sick leave abuse by employees is inappropriate. Sick leave abuse shall be defined
as:
(a) An employee’s submission of false or inaccurate information to the Chief of
Police or his designee regarding his/her use of sick leave;
(b) A repeated pattern of taking sick leave in conjunction with days off, holidays
or other paid leave.
(c) The use of more than eight (8) sick days per year, unless the employee
submits the appropriate medical certificate verifying their illness and inability to
work. Under the America Disability Act (ADA), the Town is prohibited from
asking the nature of a person’s disability. The medical certificate will simply
indicate that the employee was seen by an appropriate health care provider and was:
(1) unavailable to work for a defined period of time or
(2) the employee is fit to return to work
An employee who has been determined to have abused sick leave shall be subject to
discipline.
6.3-5 Incentive to Minimize the Use of Sick Leave
(a) If an employee uses five (5) or fewer days of sick leave within a fiscal year,
he/she shall be granted one (1) additional day of personal leave on July 1st of the
following fiscal year to be taken in accordance with the guidelines outlined within
this document.
(b) If an employee uses three (3) or fewer days of sick leave within a fiscal
year, he/she shall be granted two (2) additional days of personal leave on July 1st
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of the following fiscal year to be taken in accordance with the guidelines outlined
within this document. In addition, the employee will receive a $500.00 bonus
from the Town payable no later than July 31st of the following fiscal year.
(c) The donation of sick time to the Sick Leave Bank will have no effect on the
Sick Leave incentive.
6.3-6 Sick Leave Bank
The basic purpose of the Sick Leave Bank, hereafter referred to as the Bank, is to
provide additional sick leave time to a member who has exhausted his/her own sick leave
time and is in an extended illness situation. The Bank is designed to not present any
additional cost to the Town in terms of sick leave time or management of the program. The
intent is to provide income through sick leave time, to the member in need of it, by the
membership as a whole.
The following will be the format of the functioning and administration of the Bank:
(a) The administration of this Bank shall be vested in a Sick Leave Bank
Committee comprised of three (3) persons, two(2) of whom shall be elected by
the employees of the Town of Brewster who are covered by the Personnel Bylaw
and one (1) who shall be the Town Administrator and who shall serve as
chairperson.
(b) In order to be eligible for membership in the Bank, an employee must have
at least ten (10) accumulated sick days.
(c) Each employee who wishes to become a member shall notify the Committee
of their intent and shall contribute two (2) days of annual sick leave into the Bank on
July 15th.
(d) Each subsequent year, each member of the Bank will donate one (1) sick day
at the beginning of each fiscal year with the following exception: After a member
has accumulated the maximum number of sick days, he/she may donate a maximum
of two (2) days per fiscal year as long as he/she remains above the maximum
accumulation.
(e) A member must have exhausted all of his/her accumulated paid sick leave
prior to using Sick Leave Bank days.
(f) Only those employees who are active members 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 Bank Committee Chairperson on a form approved by the
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Bank Committee.
(h) Any member of the Sick Leave Bank who requests use of Sick Leave Bank
days agrees to permit the Bank Committee access to his/her attendance and sick
leave records.
(i) The Bank Committee shall vote on each request of Sick Leave Bank days
and report their vote to the Town Administrator. Approval of the Bank Committee
is necessary to be entitled to the use of Sick Leave Bank days.
(j) The denial of the Bank Committee is not subject to the grievance procedure.
(k) A member may receive a maximum number of sick days equal to twice the
amount that the member had accumulated at the time of the onset of their injury or
illness. When a member applies to the Bank Committee to use bank days, an
employee will be limited to receiving double the number of days the member had
available to use from his/her own sick leave account for the present illness or injury.
(l) The limitation imposed by paragraph (k) above can be waived by a
unanimous vote of the Bank Committee. The Committee will then set the number of
days available for the member to use.
(m) The Bank Committee has the right, in the event that the Bank has depleted
all of its days, to come before the membership for additional assessment of sick
days, subject to a 2/3 vote of members present at the meeting.
(n) Any member who has used Bank days may, at his/her discretion, repay any
or all days used.
(o) Any employee who is an active member of the Sick Leave Bank and is ill
and unable to contribute sick leave days on July 1st or at request time shall not be
penalized or removed from membership.
6.3-7 Retirement and Sick Leave Payment
Upon retirement, pursuant to the Barnstable County Retirement Plan Rules and
Regulations pertaining to retirement, employees will be eligible for payment of ten (10)
percent of the dollar value of unused sick leave, up to a maximum of one hundred ninety
(190) days. An employee's current unused sick leave will be included in the maximum
number of days eligible for buy-back. Payment shall be based upon the wages and salary of
the employee at retirement.
If an employee provides a one (1) year notice of retirement, he/she will be eligible
for payment of twenty-five percent (25%) of the dollar value of unused sick leave upon that
retirement date, up to a maximum of one hundred ninety (190) days.
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6.3-8 Return to Duty
An employee who is absent from work due to an illness or injury in excess of three
(3) consecutive days may be required by the Chief of Police to provide a written statement
from a health care professional that clears the employee for return to duty and capable of
performing the essential functions of the job, with or without specific temporary or long
term accommodations. If such documentation is not available, the Chief of Police may, in
his discretion and at the expense of the town, require the employee to undergo an evaluation
by a health care professional who will be requested to provide written documentation for the
purpose of determining whether or not the employee is ready and able to return to duty.
6.4 Bereavement Leave, Civil Leave, Leaves of Absence, Military Leave
and Emergency Personal Leave
6.4-1 Coverage
All full-time employees and part-time employees, in accordance with Section 36-2
of Chapter 36 of the Code of the Town of Brewster, unless otherwise provided.
6.4-2 Bereavement Leave Policy
(a) Full-time and regular part-time employees shall be granted up to five (5)
days of leave with pay in the event of a death in the immediate family, including
parents, spouse, son(s)/daughter(s), step-parent(s) and/or step-child(ren).
Additional leave, without loss of pay, may be granted at the discretion of the
Chief of Police.
(b) Bereavement leave of up to three (3) days with pay shall be granted for the
death of an employee’s extended family member including, but not limited to,
sister(s), brother(s), grandparent(s), mother-in-law, father-in-law, brother-in-law,
sister-in-law or grandchild(ren). Additional leave, without loss of pay, may be
granted at the discretion of the Chief of Police.
(c) A full time or regular part-time employee paid on an hourly basis will
receive only a day’s pay at his/her regular rate based on the number of hours
regularly scheduled on the day(s) for which bereavement leave is requested.
(d) Bereavement leave shall be granted to an eligible employee provided that the
employee was not off of the payroll on the employee’s last scheduled working day
prior to the day(s) for which bereavement leave is requested and the next regularly
scheduled working day following the day(s) for which bereavement leave is
requested or was in full pay status on such preceding and following days in
accordance with other provisions of these policies or was appropriately excused.
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(e) Salaried employees are not eligible for “bereavement pay” over or above
their regular pay.
(f) If an eligible employee is on vacation when the need for bereavement leave
occurs, the employee’s vacation leave balance will not be charged.
(g) Part-time hourly employees who work an annual average of 20 or more
hours per week and in continuous service with the town shall be granted
bereavement leave in the same proportion that his/her part-time service bears to full-
time service if the employee would normally have been scheduled to work on the
day(s) for which bereavement leave is requested.
(h) A part-time employee who works an annual average of less than 20 hours
per week is ineligible for bereavement leave in accordance with these personnel and
may, at the discretion of the Chief of Police, work an adjusted schedule to maintain
the employee’s usual number of work hours for the pay period.
6.4-3 Jury Leave Policy
A full time or regular part time employee summonsed as a Juror will be granted a
leave of absence with pay during the period of his/her jury duty. Employees who receive
payment for jury service must give that amount or check to the Town prior to receipt of the
paycheck covering that period. Written notice of jury duty must be provided to the Town at
least two (2) weeks prior to the day(s) to be served. Written notice of service must be
provided upon return to work in order for an employee to be paid for time spent in such
service.
6.4-4 Military Leave Policy
(a) Regular employees who serve in the Armed Forces of the United States,
under orders, will be allowed the difference between the base pay he/she receives for
such services and his/her regular rate of compensation from the town, for a period of
not more than seventeen (17) calendar days of military leave attributable to their
annual tour of military duty.
(b) An employee shall be entitled, during the time of his/her service in the
Armed Forces of the Commonwealth, or during his/her tour of duty as a member of
a reserve component of the Armed Forces of the United States, to be released from
his/her work without compensation in order to attend assigned weekly and weekend
drills which require absence from their normally scheduled work tour, as defined in
Chapter 33, Section 59A of the Massachusetts General laws.
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6.4-5 Leave of Absence Policy
The Chief of Police may, with approval of the SB/PB, grant leaves of absence
without compensation for periods not to exceed one year’s duration with a guarantee of
reinstatement in the same or an equivalent capacity as previously employed, upon the
written request of an employee. The written request shall include a detailed statement of the
reason for the requested leave. Only those employees completing at least one (1) year of
continuous service shall be eligible for leaves of absence under this section. A copy of the
approved written request shall be placed in the employee’s personnel file.
Employees granted a leave of absence shall not be entitled to other benefits as may
be provided by the town, including, but not limited to seniority, sick leave, vacation leave
and compensation during the periods of the leave. An employee granted a leave of absence
for a period of thirty (30) days or less shall be entitled to coverage under applicable group
health and life insurance plans. An employee granted a leave of absence for a period of
greater than thirty (30) days may be provided coverage under applicable group health and
life insurance plans, provided that the employee pays the total premium cost plus any
associated administrative fees.
Leaves of absence shall not be granted to enable an employee to accept other
employment or for self-employment. Employees who engage in such employment during a
leave of absence shall be terminated.
Any request for leave of absence, an extension of a leave of absence, or
reinstatement after such leave without pay shall be made in writing.
If an employee shall fail to request reinstatement at or before completion of the
period for which the leave of absence has been granted or shall fail to return to his/her
position on the date of approved reinstatement, the Chief of Police shall notify the employee
that his/her employment is considered to be terminated.
Any denial of a leave of absence under this provision shall not be subject to the
grievance procedure.
6.4-6 Personal Leave
On each July 1, each full-time employee in continuous service shall be eligible to
receive twenty-four (24) hours of personal leave for use during the fiscal year subject to the
approval of the Chief of Police or his designee. A minimum of one (1) work days notice
must be given to the employee's immediate supervisor or the Chief of Police prior to the
taking of such leave. If the schedule cannot accommodate such short notice, the
department’s needs will take preference. Personal days must be taken in the fiscal year in
which they are granted and may not be accumulated. Full-time employees hired by the
Town after July 1 of each year will be credited with personal leave days for use during the
remainder of the fiscal year in accordance with the following schedule:
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Hired between July 2 and September 30: 24 hours
Hired between October 1 and December 31: 16 hours
Hired between January 1 and March 31: 8 hours
Hired between April 1 and June 30: 0 hours
Personal leave for regular part time employees who work twenty (20) or more hours
per week will be granted on a pro-rata basis.
6.4-7 Emergency Personal Leave Policy
The Chief of Police may grant paid or unpaid emergency personal leave to
employees in the event of a serious illness of members of the employee's family or other
serious personal problem. If paid, leave granted shall be charged first against the employee's
accumulated sick leave and second, against the employee's accumulated vacation leave.
6.4-8 Small Necessities Leave
In accordance with the Small Necessities Leave Act (MGL Chapter 149, Section
52D), the Town will provide eligible employees with up to twenty-four (24) hours leave in a
fiscal year period for one or more of the following reasons:
(a) to participate in school activities directly related to the educational
advancement of a son or daughter of the employee, such as parent-teacher
conferences or interviewing for a new school;
(b) to accompany a son or daughter of the employee to routine medical or dental
appointments, such as for check-ups or vaccinations;
(c) to accompany an elderly relative of the employee to routine medical or
dental appointments or other professional services related to the elder’s care, such as
interviewing at nursing homes or group homes.
The employee must use said leave in minimum increments of no less than one (1)
hour. The Town will require the employee to substitute any other accumulated paid leave
time for any of the leave provided under this section.
In order to be entitled to leave, the employee must provide notice to his/her
department head as follows:
(a) If the leave is foreseeable, the employee must request the leave in
accordance with departmental procedures, not later than seven (7) days in advance;
(b) If the leave is not foreseeable, the employee must provide his/her immediate
supervisor or the Chief of Police as much advance notice, in accordance with
departmental procedures, as practicable under the particular circumstances;
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(c) This notice should, to the extent possible, be in writing to the employee’s
immediate supervisor or the Chief of Police.
To be eligible for leave, an employee must be employed by the Town for at least
twelve (12) months and have worked at least one thousand two hundred and fifty (1,250)
hours within the previous twelve (12) month period.
6.4-9 Parental Leave
Full time male and female employees will be eligible for parental leave upon
completion of 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:
(a) the child’s birth
(b) 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 or
(c) 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 they 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 bot parental leave and family medical leave and the
reason for the leave is covered by both statutes, the leave shall run simultaneously. An
employee taking parental leave shall not be required to take paid leave if they have paid
leave available but may choose to do so if they are otherwise eligible for that type of paid
leave.
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, a two (2)
week notice is not feasible, the employee is required to give notice as soon as practical.
If there is any conflict between the Family Medical Leave Act as amended by the
regulations of 2013 and this policy, the Family Medical Leave Act shall prevail.
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, then
MGL Chapter 149, Section 105D shall prevail.
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6.5 Family Medical Leave
6.5-1 Coverage
Any employee who has worked for the Town for at least twelve (12) months and has
worked at least one thousand two hundred and fifty (1,250) hours within the past twelve
(12) month period.
6.5-2 Policy
All leaves governed by the Federal Family Medical Leave Act shall be eligible for
provisions specified in that Act, in accordance with the Town of Brewster’s Family Medical
Leave Policy.
**Incorporated herein and made a part hereof by reference is Family Leave Policy
No. 16 issued by the Brewster Board of Selectmen and attached hereto in Addendum 2, as
the same may be amended from time to time.
6.6 Longevity
Regular full-time employees hired before July 2, 2015, after six (6) years of
continuous employment, shall receive an annual payment of $150.00 per year of service
beyond the sixth (6th) year. Said payment shall be paid on or about the employee’s
anniversary date of employment with the Town commencing on the employee’s completion
of six (6) years of employment. Effective July 1, 2012, the maximum longevity payment
shall be $1,500.00 for those employees who have not attained that maximum payment.
Employees who are receiving a longevity benefit in excess of $1,500.00 on that date will
continue to receive that same benefit annually until their termination of employment with
the Town. This longevity payment shall not apply to seasonal or part-time employees.
6.7 Employee Incurred Expenses and Reimbursement
6.7-1 Policy
The town will reimburse all legitimate expenses authorized to be incurred by an
employee by the Chief of Police as a result of that employee performing town business or
pursuing educational advancement related to the employee's work.
6.7-2 Coverage
All full time and part time employees of the Police Department.
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6.7-3 Mileage Reimbursement
The Town will reimburse employees on a per mile basis at a rate set annually by the
Chief Financial Officer to be consistent with what is determined by the Internal Revenue
Service of the United States when an employee must use a personal vehicle for town-related
business, provided that they have prior approval from their immediate supervisor or the
Chief of Police to use a personal vehicle. Travel expenses between the employee's home
and work location are not reimbursable.
Request for reimbursement must be approved by the Chief of Police on a form that
displays the date, the travel occurred; the destination; and the reason for travel and number
of miles traveled. When a reimbursement request differs substantially from the standard
distance expected to be traveled between the described locations, the Chief of Police retains
the right to require a written justification of the same and to adjust the amount reimbursed to
the employee if it is deemed appropriate.
6.8 Group Insurance
(a) 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 percent (75%) paid by the Town and twenty-five
percent (25%) paid by the employee. The current life insurance and accidental death
insurance policies are in the amount of ten thousand dollars ($10,000.00) each.
(b) Any employee who retires from the Town pursuant to the Barnstable County
Retirement Association shall be entitled to a fifty percent (50%) contribution by the
Town for group health and life insurance.
(c) The Town of Brewster offers eligible employees group dental and vision
insurance which are one hundred percent (100%) employee paid.
(d) Health, dental and vision insurance membership commences thirty (30) days
from an employee’s date of employment. Life and accidental death insurance
membership commences sixty (60) days from an employee’s date of employment.
(e) To be eligible to participate in the Town’s group insurance program,
employees must be employed in a position designated twenty (20) hours per week or
more.
(f) The Town offers Health Savings Account (HAS) High Deductible Plans as
part of its health plan offerings. The Town contributes fifty percent (50%) of the plan
deductible to the employee’s HAS. Health Savings Accounts (HAS) are tax-
advantaged accounts for the purpose of paying for eligible medical expenses. They
are owned by the employee and funds may be invested t grow and may also be used to
pay for health care in retirement as well as for current eligible medical expenses.
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(g) An employee who does not enroll in the Town’s health insurance
coverage(s) shall receive an annual payment of either $3,000 for a family or $1,500
for an individual for those years in which the employee is not enrolled, said
payment to be made no later than September 1st of each fiscal year. Employees
whose partner and/or spouse are enrolled in a Town of Brewster family health plan
are not eligible to receive this payment.
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PART 7 - POLICE LIEUTENANT
7.1 The Lieutenants of the Police Department shall be appointed in accordance with
the provisions of Massachusetts General Laws Chapter 41, Section 97A.
7.2 The following personnel policies and practices shall be applicable to the
Lieutenant position:
PAID DETAILS
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 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.
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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 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.
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
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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.
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.
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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.
9. An officer on sick/injured leave shall not participate in activities that are
specifically prohibited by a physician.
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.
LONGEVITY
The schedule of longevity payments 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 $1,050.00
After thirteen (13) years $1,350.00
After fourteen (14) years
and through nineteen (19) years $1,500.00
After twenty (20) years and thereafter $1,950.00
Payment will be made in the payroll that includes the officer’s anniversary date.
Employees hired on or subsequent to July 1, 2015 are not eligible for longevity.
EDUCATIONAL INCENTIVE
1. Primary Education Incentive:
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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.
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.
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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.
7.3 Wages: Refer to attached pay scale for current fiscal year.
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PART 8 - POLICE DETECTIVE SERGEANT
8.1 The Detective Sergeant of the Police Department shall be appointed in accordance
with the provisions of Massachusetts General Laws Chapter 41, Section 97A.
8.2 The following personnel policies and shall be applicable to the Detective Sergeant
position:
PAID DETAILS
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 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.
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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 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.
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
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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.
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.
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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.
9. An officer on sick/injured leave shall not participate in activities that are
specifically prohibited by a physician.
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.
LONGEVITY
The schedule of longevity payments 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 $1,050.00
After thirteen (13) years $1,350.00
After fourteen (14) years
and through nineteen (19) years $1,500.00
After twenty (20) years and thereafter $1,950.00
Payment will be made in the payroll that includes the officer’s anniversary date.
Employees hired on or subsequent to July 1, 2015 are not eligible for longevity.
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
Brewster Police Department
Personnel Bylaw
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40
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.
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:
Brewster Police Department
Personnel Bylaw
Effective July 1, 2020
41
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.
8.3 Wages: Refer to attached pay scale for current fiscal year.
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PART 9 – ANIMAL CONTROL OFFICER
9.1 The following personnel policies and practices shall be applicable to the Animal
Control Officer position:
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.
9.2 Wages: Refer to attached wage scale for current fiscal years.
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PART 10 - POLICE DISPATCHER
10.1 Work Schedule
Dispatchers shall work a regular workweek of four (4) consecutive eight and one-
half (8.5) hour days followed by two (2) days off at the discretion of the Chief of Police,
hereafter referred to as the 4+2.
10.2 Holidays and Holiday Pay
(a) Full time dispatchers for the Police Department shall be entitled to twelve
and one-half (12.5) holidays per year as follows:
New Years Day Labor Day
Martin Luther King Day Columbus Day
President’s Day Veteran’s Day
Patriot’s Day Thanksgiving Day
Memorial Day the day after Thanksgiving
Independence Day ½ day prior to Christmas*
Christmas Day
(b) The holiday rate will be equal to eight (8) hours of pay at the dispatcher’s
base rate as established by the wage scale. Each full time dispatcher may
choose from the following options:
(1) Receive compensation for twelve (12.5*) holidays at his/her
established holiday pay rate or
(2) Receive compensation for six (6.5*) holidays at his/her established
holiday pay rate and six (6) comp days.
(c) When a combination of comp time and holiday pay is selected, the first six
(6.5*) holidays of the fiscal year will be considered the paid holidays. All
payment of holiday pay will be made in the payroll that includes the date
of the observed holiday.
(d) If a dispatcher 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.
(e) *In a calendar year in which Christmas falls on Saturday, Sunday or
Monday, there will be no one-half (1/2) day holiday on the preceding Friday.
However, when Christmas falls on Tuesday, Monday, December 24, will be
considered a holiday. Dispatchers will be compensated for either four (4) or
eight (8) hours in accordance with section (b) above.
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10.3 Overtime
Any hours worked in excess of the regularly scheduled workday or workweek
will be compensated at the dispatcher’s established overtime rate. All dispatchers shall
receive no less than three (3) hours of overtime pay unless the hours of the work fall
immediately before or after their tour of duty.
10.4 Uniforms and Cleaning Allowance
Full time and part time Police Dispatchers shall receive the necessary allotment of
uniforms in order to maintain a proper professional appearance.
10.5 Wages
Refer to wage scale for current and projected fiscal years.
10.6 Grandfathered Wages effective July 1, 2015
Contrary to the maximum hourly wage established for the Dispatcher position,
employees with an hourly wage above the established maximum on July 1, 2015 ($24.52)
will continue to receive any cost of living allowance provided to Police Personnel Bylaw
employees in any fiscal year but will not be eligible for a merit adjustment.
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PART 11 – CADET
11.1 A Cadet shall be appointed by the Town Administrator in accordance with the
provisions of an established agreement between the Town of Brewster and the employee.
11.2 Only the following personnel practices as determined by the valid Personnel
Bylaw of the Town of Brewster for Police Department personnel shall be applicable to
the Cadet position.
(a) Holidays as described in section 6.1-2 with the exception of the ½ day
before Christmas.
(b) Sick Leave (Section 6.3-1-3)
(c) Sick Leave Bank (Section 6.3-4)
(d) Bereavement Leave, Civil Leave, Leaves of Absence, Military Leave,
Personal Leave and Emergency Personal Leave (Section 6.4-1-8)
(e) Family and Medical Leave (Section 6.5)
(f) Parental Leave (Section 6.4-9)
(g) Group Insurance (Section 6.9)
(h) Longevity (Section 6.6)
11.3 All absences from duty while attending the Police Academy will be governed by
the rules and regulations of the academy:
11.4 The Police Department will provide all uniforms and equipment required by the
Police Academy.
11.5 Wages: Refer to wage scale for current fiscal year.
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PART 12 – ADMINISTRATIVE ASSISTANT
12.1 The Administrative Assistant shall work a 37.5 hour week under the supervision
and authority of the Chief of Police.
12.2 Wages: Refer to attached wage scale for current fiscal year.
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PART 13 - POLICE CAPTAIN
13.1 The Captain of the Police Department shall be appointed in accordance with the
provisions of Massachusetts General Laws Chapter 41, Section 97A.
13.2 The following personnel policies and shall be applicable to the Captain position:
PAID DETAILS
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 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.
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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 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.
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
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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.
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.
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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.
9. An officer on sick/injured leave shall not participate in activities that are
specifically prohibited by a physician.
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.
LONGEVITY
The schedule of longevity payments 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 $1,050.00
After thirteen (13) years $1,350.00
After fourteen (14) years
and through nineteen (19) years $1,500.00
After twenty (20) years and thereafter $1,950.00
Payment will be made in the payroll that includes the officer’s anniversary date.
Employees hired on or subsequent to July 1, 2015 are not eligible for longevity.
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
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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.
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:
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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.
13.3 Wages: Refer to attached pay scale for current fiscal year.