HomeMy Public PortalAboutPolice Superiors Union Contract 21-23 COLLECTIVE BARGAINING AGREEMENT
BETWEEN
TOWN OF BREWSTER
ANO
BREWSTER SUPERIOR OFFICERS ASSOCIATION
EFFECTIVE JULY I. 2021 - JUNE 30. 223
INDEX
AGENCY FEE (ARTICLE 111) 1
ARBITRATION (ARTICLE 23
AUTHORIZED SCHOOLING (ARTICLE XXV) 20
BEREAVEMENT LEAVE (ARTICLE XV) 13
COURT TIME (ARTICLE XI) 7
DOMESTIC VIOLENCE LEAVE (ARTICLE XXXIV) 31
DURATION OF AGREEMENT (ARTICLE XXXXII) 39
DRUG TESTING (ARTICLE XXXII 24
EDUCATIONAL INCENTIVE (ARTICLE XXII) 17
EFFECT OF AGREEMENT (ARTICLE Xxx-xi)T'\
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FAMILY AND MEDICAL LEAVE ACT (ARTICLE XXXIII) 26
GLOBAL POSITIONING SYSTEM
AND AUDIO/VIDEO CAMERAS (ARTICLE XXXIX) 37
GRIEVANCE PROCEDURE (ARTICLE XXIX) 21
GROUP INSURANCE (ARTICLE XVIII) 14
HOLIDAYS (ARTICLE XIV) 10
INFECTION CONTROL GUIDELINES (ARTICLE XXXVII) 36
LEAVE OF ABSENCE (ARTICLE XXVII 19
JOB SECURITY (ARTICLE V) 2
LIGHT DUTY (ARTICLE XIX) 14
LONGEVITY (ARTICLE XXI) 16
MANAGEMENT RIGHTS (ARTICLE II) I
MILITARY LEAVE (ARTICLE XXVI) 20
NIGHT DIFFERENTIAL (ATTACHMENT A - ARTICLE XX) 41
NO STRIKE (ARTICLE XXXI) 23
OVERTIME (ARTICLE IX) 4
PAID DETAILS (ARTICLE X) 5
PARENTAL LEAVE (ARTICLE )MVI) 35
PAYROLL DEDUCTION
OF UNION DUES (ARTICLE IV) 2
PERFORMANCE EVALUATIONS (ARTICLE XXXX) 37
PERSONAL LEAVE (ARTICLE XVI) 13
PERSONNEL FILES (ARTICLE XXIV) 19
PROMOTIONS (ARTICLE XXVIII) 21
RECOGNITION (ARTICLE 1) 1
RIGHT OF OFFICERS AND
UNION ACTIVITY (ARTICLE XXIII) 18
SALARIES AND WAGES (ATTACHMENT A - ARTICLE XX) 41
SENIORITY (ARTICLE VI) 2
SICK LEAVE (ARTICLE XIII) 8
SPECIALIZED DUTY (ARTICLE XXXV) 35
SWAPPED SHIFTS (ARTICLE VIII) 3
TYPOGRAPHICAL ERRORS (ARTICLE XXXXIII) 39
UNIFORMS AND EQUIPMENT (ARTICLE XVII) 14
VACATIONS (ARTICLE XII) 7
WELLNESS (ARTICLE XXNII) 36
WORK SCHEDULE (ARTICLE VII) 3
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ARTICLE
RECOGNITION
The Town of Brewster, (hereinafter referred to as "Town"), hereby recognizes the
BREWSTER POLICE SUPERIOR OFFICERS ASSOCIATION, New England Police
Benevolent Association, Local 78 (hereinafter referred to as "Union"), as the exclusive
bargaining representative of all Sergeants (excluding the Detective Sergeant) of the Town of
Brewster Police Department.
ARTICLE II
MANAGEMENT RIGHTS
Except as expressly and specifically limited or restricted by a provision of this
Agreement,the Town and its' Selectmen and Chief of Police shall not be deemed to be limited
in any way in the exercise of the regular and customary functions of municipal management
and shall retain the full right of management and direction of its' officers and police operations.
Such rights of management include, but are not limited to, the right to plan, direct, control,
increase, decrease and discontinue operations in whole or in part; to determine the methods
and means of operations; to introduce new methods, techniques, procedures and/or
equipment and apparatus; to discipline and discharge employees for cause; to determine work
schedules, work shifts and numbers of hours to be worked; to determine the number of
employees it shall employ at any time and the qualifications necessary; to assign and
transfer employees as its' business requires; and to hire and lay off employees based upon
departmental operating needs. This enumeration of management's rights shall not be deemed
to exclude other management rights not specifically enumerated and the Town retains solely
and exclusively all of its' common law, statutory and inherent rights as they existed prior to the
execution of this Agreement. I
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The Chief of Police may adopt rules and regulations for the operation of the
department, the manner and method of performing work, production standards and
attendance, and the conduct of officers, provided, however, that if such rules and regulations
are in conflict with any provision of this Agreement, the terms of the Agreement shall prevail.
The exercise of the aforesaid management rights shall be final and binding and any
dispute, complaint or controversy with respect to the inherent Town's inherent rights and those
specifically set forth herein, shall not be subject to the grievance and arbitration procedure j
under this agreement.
ARTICLE III
AGENCY FEE
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As a condition of his/her continued employment while this contract shall be in effect,
every Sergeant covered by this contract, if and when not a member in good standing of the
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Union shall pay, or by payroll deductions shall have paid, to the Union, an agency service fee
which shall be equal to the regular membership fee, all in accordance with the provisions of
Massachusetts General Laws Chapter 150E, Section 12.
The Union agrees to indemnify the Town for all damages and costs, including
attorney's fees, in complying with this Article. No request to dismiss or suspend an employee
for noncompliance shall be honored so long as there is a dispute before the Department of
Labor Relations or a court of competent jurisdiction as to whether the exclusive bargaining
agent has complied with all of the provision of Massachusetts General Laws Chapter 150E,
Section 12, or so long as the Sergeant's demand for rebate of part of the service fee remains
in dispute or the officer has a challenge to the amount of the agency service fee before the
Department of Labor Relations.
ARTICLE IV
PAYROLL DEDUCTION OF UNION DUES
The Town agrees that Union dues, as determined in accordance with the Constitution
and By-Laws of the Union, shall be deducted each payroll period from the salary of any
Sergeant in the bargaining unit who signs and remits to the Town a form authorizing such
deduction. Such authorization shall remain in full force and effect until the Sergeant ceases to
be employed in the bargaining unit or, if the Sergeant remains in such employment, until sixty
(60) days after notice in writing by the Sergeant to the Town withdrawing the authorization,
with a copy thereof filed with the Treasurer of the Union.
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ARTICLE V
JOB SECURITY
The initial appointment of a Sergeant shall be for a period of one (1) year during which
the person shall actually perform the duties of such a position on a full-time basis. The initial j
appointment shall be a probationary period of one (1) year.
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1. Appointment subsequent to the initial appointment shall be made annually or
for a term of years not exceeding three (3) years as the Town of Brewster shall
determine. Removal, dismissal, non-reappointment or discipline of said police
officers shall be for cause and after a hearing.
ARTICLE VI
SENIORITY
1. Seniority for Sergeants shall commence from the date of promotion. Seniority I
shall be broken only by termination of employment.
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2. In the event of suspension of a Sergeant, the days of suspension will be
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deducted from his/her days of service and his/her seniority will be reduced by that
number of days.
3. Seniority will apply in shift bids, choosing vacations from the vacation
schedule
and in cases of layoff.
4. When a Sergeant is absent from duty for any reason for more than six (6)
months, he/she shall not accrue vacation or sick time. He/she shall, however, be
entitled to receive step increases and general wage increases.
5. Prior to the hiring of any new permanent police officers, all Sergeants laid off
within the previous two (2) years shall be notified by seniority and given first option on
any job openings.
6. All Sergeants who have been laid off and subsequently rehired shall have all
rights and privileges as were in effect at their time of release restored (i.e., seniority,
sick time, vacation, wages, personal days, etc.).
ARTICLE VII
WORK SCHEDULE
Sergeants shall work a regular workweek of four (4) consecutive eight and one- half
(8.5) hour days followed by two(2)daysoff. Hereafter,this schedulewill be referred to as the4+2.
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The split Sergeant's shift shall be an exception to the 4+2 and will consist of two (2)
midnight shifts followed by two (2) evening shifts in three (3) days with the second midnight
shift and the following evening shift being worked on the same day. The sergeant assigned to j
the split sergeant's shift may not work details on this day nor shall he/she be charged with a j
refusal as described in Article X, section 1. Further, if and when the sergeant assigned to the
split sergeant's shift works two (2) shifts on either Christmas, New Year's Day or 1
Thanksgiving, he/she shall receive an additional eight (8) hours of comp time to be used in
accordance with the same restrictions as comp time given in lieu of holiday pay.
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The shift schedule shall be posted by July 1 for the fiscal year. The schedule and 1,
rotation are subject to change as the result of emergencies or unusual circumstances. {
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If a Sergeant works more than six (6) straight days during a schedule changeover
week, he/she shall receive eight (8) hours of comp time to be used in accordance with the
same restrictions as comp time given in lieu of holiday pay. I
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Shifts shall be bid and assigned by seniority three (3) times annually. Sergeants shall
choose no more than two (2) rotations out of three (3) on the same shift. Selection bidding
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shall be undertaken annually before the vacation scheduling is posted. Positions to be bid will
conform to actual staffing requirements for each shift based upon staffing allocations as
determined by the Chief of Police.
The Chief of Police shall post his selection Sergeants for specialized duty assignments
prior to the annual issuance of the shift bid selection lists and those assignments shall remain
in effect until changed by the Chief of Police.
ARTICLE VIII
SWAPPED SHIFTS
Sergeants shall be granted special leave with pay for a day on which he/she secures
another sergeant to work in his/her place, provided such substitution does not impose any
additional cost to the Town. A maximum of twenty-five (25) requests will be granted to each
union member in any fiscal year. The Chief will have the sole authority to allow swaps. The
swaps can be made only within the bargaining unit and the request must be submitted on a
written form provided by the Town three (3) days in advance of the swap. Said time limit may
be waived, with the approval of the Chief, under special or emergency circumstances.
ARTICLE IX
OVERTIME
1. Time and one-half shall be paid for all work in excess of the regularly a
scheduled workday or workweek. 1
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a. The parties agree to a work period of one hundred seventy-one (171)
hours in a twenty-eight (28) day cycle for the sole purpose of determining
when the educational incentive payment shall be applied to calculate the
hourly rate of pay for overtime to be paid under the FLSA. Sick, vacation,
personal, bereavement, line of duty injury and any other paid leave and time
not worked by a Sergeant under a guaranteed pay for a minimum number of
hours shall not be considered hours worked for the purposes of calculating
overtime under the FLSA.
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2. A Sergeant who is called in from off duty shall be entitled to a minimum of
three (3) hours pay at his/her overtime rate.
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3. A system for fair and equitable distribution of overtime, based upon hours
worked, shall be established. Assignments shall be made on a rotating basis, with
the Sergeant accepting the overtime shift being "charged" the corresponding
hours. The Chief of Police has the right to assign a particular employee to a
particular overtime shift if, by the nature of the shift, supervisory skills or special
training or experience are required.
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4. If the Chief of Police offers compensatory time in lieu of overtime pay, it
shall be at a rate of one and one-half hour for each hour of overtime worked. The
decision to accept compensatory time in lieu of overtime pay shall be that of the
Sergeant. Any accrual of compensatory time is limited to a total of four hundred
eighty (480) hours.
5. In the event that no sergeant choses to take offered overtime, the Chief of
Police may assign a sergeant to that particular shift.
6. Sergeants shall receive no less than two (2) hours pay at their overtime
rate for In-service training, meetings, school, etc.
7. Sergeants will not be allowed to work overtime until at least twenty-four
(24) hours have passed from the start of the tour of duty of which the officer
booked off sick. The foregoing shall not apply in emergency situations or under
exigent circumstances where the Chief of Police is of the opinion that public safety
or the proper administration of the department might be endangered or disrupted.
8. Overtime that overlaps any other work hours or Town detail hours will not
be paid.
9. All overtime hours worked on a recognized holiday will be compensated at
the rate of time and one-half of the Sergeant's regular hourly wage.
ARTICLE X
PAID DETAILS
The Town and the Union acknowledge that the Chief of Police possesses the
management right to determine the appropriate level of police service as well as the
qualifications of persons to perform traffic direction in the Town to ensure public safety.
Therefore, notwithstanding any regulation to the contrary, the Chief of Police has the
discretion to require the presence of a sworn police officer, including but not limited to one
employed on a paid detail basis, in all instances where there is a street opening or any work to
be done on a public way or at a public function in Town. The parties also acknowledge that the
Chief of Police has the further discretion to determine the number and ranks of officers
assigned in any such instance necessary to maintain public safety or other legitimate interest
of the community or department.
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The following provisions shall govern the assignment of extra paid details to police I
officers when the detail is to be paid for by an outside individual, group, corporation,
organization, or the Town.
1. The use of the word "officer" in this section shall refer to all permanent
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police officers of all ranks employed by the Brewster Police Department.
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.
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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 j
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 (11%) 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
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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(1%) 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.
ARTICLE XI
COURT TIME
1. Any off-duty Sergeant who must appear or is required to stand by at another
location as a witness for matters arising out of his/her official duties, including
conferences with prosecuting officials, hearings on complaints and proceedings such
as inquests, Registry of Motor Vehicle hearings, signing of complaints or civil court,
shall be compensated at a rate of one and one-half (1.5) times his/her regular hourly
rate of pay for a minimum of four (4) hours.
not I where the Sergeant's court time
2. Said four (4) hour minimum shat apply g
falls within four (4) hours of his/her regular shift starting time; in which case the officer
shall receive his/her overtime rate for the time spent in court.
ARTICLE XII
VACATIONS
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1. A Sergeant beginning employment on or before January 1 of any given year
shall be granted five (5) working days of vacation in that fiscal year.
a. During the second (2nd) through the fourth (4th) fiscal years, a
Sergeant shall be granted ten (10) working days per fiscal year.
b. During the fifth (5th) through the ninth (9th) fiscal years, a Sergeant
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shall be granted fifteen (15) working days per fiscal year.
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C. During the tenth (10th) through the fourteenth (14th) fiscal years, a
Sergeant shall be granted twenty (20) working days per fiscal year.
d. During the fifteenth (15th) fiscal year and years thereafter, a
Sergeant shall be granted twenty-five (25) working days per fiscal year.
2. Vacations must be taken within the current fiscal year unless written permission
is received by the Sergeant and approved by the Chief of Police or his/her designee.
3. Vacations will be granted on a seniority basis. Vacation choices shall be made
no later than June 1st of each year from a vacation list composed by the Chief of Police
or his/her designee. That list will be distributed no later than April 1st of each year.
4. Fifteen (15) vacation days may be taken as single days. They may be taken
at the officers' discretion with five (5) days written notice to the Chief of Police or
his/her designee by completing a "Request for Time Off' from. Eight (8) single days
must be taken by January 1st of the current fiscal year. No more than one (1) officer
assigned to patrol duties (sergeant or patrol officer) per shift and per time period
applies to individual comp days, vacation days as well as to vacation weeks between
the Saturday before Memorial Day and Labor Day, and between December 20th and
January 3rd, unless approved by the Chief of Police.
5. Sergeants shall not exceed four (4) weeks of vacation in duration at any
Given time.
6. A Sergeant may change his/her selected vacation week(s) after completion
Of the vacation list so long as it does not conflict with another Sergeant's choice and
does not place any additional overtime burden on the Town. Such a change must be
approved by the Chief of Police. j
7. Any sergeant who has unused vacation time remaining at the end of the
fiscal year may roll over up to forty (40) hours of accrued time, with approval of the
Chief, with such approval to not be unreasonably withheld. Such time shall be rolled
over as comp time and used in accordance with other comp time as outlined in the
collective bargaining agreement.
ARTICLE XIII"
SICK LEAVE
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Non-Occupational Illness or Injury
1. Each Sergeant shall be granted one and one-quarter (1'/4) 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.
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2. It is understood that sick leave is a benefit to be accumulated and not used
except as specified herein. An absence reported as sick leave and not used as
specified is cause for disciplinary action. An employee's sick leave credit shall be
deducted for each day's absence under the following conditions:
a. When an employee is unable to perform his/her duties because
he/she is incapacitated by personal illness or injury.
b. When the employee's spouse, son or daughter is ill, an employee
may utilize up to a maximum of five (5) days of sick leave credits per fiscal
year.
C. When an appointment with a health care provider cannot reasonably
be scheduled outside of normal working hours with such deduction to sick
leave not to exceed four (4)"hours. Appointments that are located off of Cape
Cod and requiring travel time will not be subject to this limitation. An
exception to this rule may also be made at the direction of the Chief of Police.
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 Sergeant who does not use more than eight
(8) hours of sick leave during the following fiscal year shall be paid a bonus of
Eight Hundred Dollars ($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 Four
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Hundred Dollars ($400.00). Bonuses shall be paid during the last week of June
for that fiscal year.
7. If a Sergeant leaves sick during a scheduled shift, he/she shall be charged
with the actual number of sick hours used.
8. Upon retirement, a Sergeant 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 Sergeant is earning at retirement. In the event of
a Sergeant's death, such payment shall be made to his/her estate.
If a Sergeant 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. A Sergeant on sick/injured leave shall not participate in activities that
are specifically prohibited by a physician as referred to in Article XIX of this
contract pertaining to Light Duty.
10, Sick Leave Bank
The basic purpose of the Sick Leave Bank, hereinafter referred to as the
Bank, is to provide additional sick days to a member who has exhausted his/her own
sick days and is in an extended illness situation. The Bank is designed to not
present any additional cost to the Town of Brewster in terms of sick days or
management of the program. The intent is to provide income, through sick days, to
the unfortunate member in need of them by the membership as a whole.
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The following will be the format of the functioning and administration the Bank:
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a. The administration of this Bank shall be vested in a Sick Leave Bank
Committee consisting of the Chief of Police, one (1) patrol officer and one (1)
patrol sergeant to be chosen by the corresponding Union. I
b. In order to be eligible for membership in the Bank, a Sergeant
must have at least ten (10) accumulated sick days.
C. In the first year, if not already a member of the sick bank, each
sergeant who wishes to become a member shall notify the committee of
his/her intent to become a member and shall subsequently contribute
two (2) days of his/her accumulated sick leave into the Bank on July
15th.
d. At the beginning of each fiscal year, each member of the Bank will
donate one (1) sick day to the Bank with the following exception: After a
member has accumulated the maximum number of sick days as determined
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by this contract, he/she may donate a maximum of two (2) days per fiscal
year so long as he/she remains above the maximum accumulation level.
e. A member must use all of his/her sick days prior to applying for use of
Sick Leave Bank days.
f. Only those Sergeants who are active members of the Sick Leave
Bank will be eligible to apply for use of Sick Leave Bank days.
g. A member must request use of Sick Leave Bank days by submitting a
written request to the Sick Leave Bank Committee Chairperson on a form
approved by the Bank Committee.
h. Any member of the Sick Leave Bank who requests use of Sick Leave
Bank days agrees to permit the Bank Committee to access his/her
attendance and sick leave records.
i. The Bank Committee shall vote on each request for use of Sick Leave
Bank days. Approval of the Bank Committee is necessary to be entitled to
the use of Sick Leave Bank days. The denial of the Bank Committee for use
of Sick Leave Bank days by a member is not subject to the grievance
procedure.
j. When a member applies to the Bank Committee to use Sick Leave
Bank days, he/she will be limited to receiving double the number of days
he/she had available to use from his/her own accumulated sick leave for the
present illness or injury.
k. The limitation imposed by paragraph j above can be waived by a
unanimous vote of the Bank Committee. The Committee will then establish
the number of days available for the member to use.
I. In the event that the Sick Leave Bank depletes all of its days, the Bank
Committee has the right to come before the membership to request an
additional assessment of sick days; subject to a two-third (2/3) vote of Bank
members present at the meeting.
M. Any member who uses Bank days may, at his/her discretion, repay I
any or all days used. I
n. Any active member of the Sick Leave Bank who becomes ill and is
unable to contribute sick leave days on July 1st or at the designated
request time shall not be penalized or removed from membership.
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ARTICLE XIV
HOLIDAYS
1, The following days shall be considered paid holidays:
New Year's Day
President's Day
Martin Luther King Day
Patriot's Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
2. Each Sergeant of the bargaining unit may choose from the following options:
a, receive compensation for thirteen (13) holidays at his/her
established holiday pay rate I
b. receive thirteen (13) comp days in lieu of holiday pay, or
C. receive compensation for six (6) holidays at his/her established holiday
pay rate and seven (7) comp days.
The choice must be made by July 1st for the upcoming fiscal year.
3. The holiday rate will be equal to eight (8) hours of pay at the Sergeant's base
rate as established by the wage scale of this contract. When a combination of comp
time and holiday pay is selected, the first six (6) holidays of the fiscal year will be
considered the paid holidays. All payment of holiday pay will be made to the
Sergeant in the payroll that includes the date of the observed holiday.
4. A time off request must be submitted at least two (2) days prior to the
requested use of a comp day. Use of comp time will not be approved if the time off
will create additional cost to the Town unless approved by the Chief of Police,
5. If a Sergeant works any regular shift on Thanksgiving or Christmas or the
December 24th evening shift (4PM-12M), he/she shall be compensated with an I
additional eight (8) hours of holiday pay for each shift worked. If a Sergeant works
the December 24th day shift (8AM-4PM), he/she shall be compensated with an
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additional four (4) hours of holiday pay for the hours of 12N-4PM. If and when the
sergeant assigned to the split sergeant's shift works two (2) shifts on either
Christmas, New Year's Day or Thanksgiving, he/she shall receive an additional eight
(8) hours of comp time to be used in accordance with the same restrictions as comp
time given in lieu of holiday pay.
ARTICLE XV
BEREAVEMENT LEAVE
1. In the event of a death occurring in the immediate family of a Sergeant,
bereavement leave without loss of pay for consecutive calendar days commencing
either on the date of death, the day following the date of death or in special
circumstances, a time agreed upon by the affected employee and the Chief, shall be
granted as follows:
a. For a spouse, son or daughter— five (5) days
b. For a parent, sister, brother, parent-in-law or grandparent—three (3)
days
C. Additional leave may be granted at the discretion of the Chief of
Police.
ARTICLE XVI I
PERSONALLEAVE
1. All full time Sergeants shall be granted three (3) personal days each fiscal
year to be taken at their discretion.
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2. A minimum of twenty-four (24) hours of notice must be given to the Chief of
Police prior to taking such leave. With the approval of the Chief of Police, eight (8)
hours of notice shall be deemed sufficient in cases of emergency.
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3. If the schedule cannot accommodate such short notice, the department's
needs will take preference.
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4. Not more than two (2) Sergeants may take personal leave in any twenty-four
(24) hour period without prior approval of the Chief of Police.
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5. Personal days are not cumulative from year to year.
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ARTICLE XVII
UNIFORMS AND EQUIPMENT
The Chief of Police shall supply Sergeants of the force with clubs, handcuffs, pistols,
all leather gear, boots, uniforms, caps, buttons, numbers, badges and all other special
weather gear.
ARTICLE XVIII
GROUP INSURANCE
1. All eligible employees may participate in any insurance plan offered by the
Town of Brewster. The monthly health insurance premiums of the PPO and HMO
plans shall be split seventy-five (75%) percent paid by the Town and twenty-five
(25%) percent paid by the employee. The current accidental death insurance policy
is in the amount of Ten Thousand ($10,000) Dollars. Any officer who retires from the
Town pursuant to the Barnstable County Retirement Plan shall be entitled to a fifty
(50%) percent contribution by the Town for group health and life insurance.
2. The Town agrees to advise the Union when the Cape Cod Municipal Health
Group is considering a change of insurance carriers or insurance coverage.
3. Insurance claims under the health and life insurance coverage provided by
the Town are not subject to the grievance procedure.
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4. The Blue Cross/Blue Shield Master Medical health plan is eliminated as of
July 1, 2015,
5. Effective July 1, 2017, the Town will add Health Savings Accounts (HSA)
Qualified High Deductible Plans to the FY 2018 roster of health plan offerings. The
Town shall contribute Fifty Percent (50%) of the plan deductible to the employee's
HSA. Health Savings Accounts (HSA) are tax-advantaged accounts for the purpose
of paying for eligible medical expenses. They are owned by the employee and funds
may be invested to grow and may also be used to pay for health care in retirement a
as well as for current eligible medical expenses.
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ARTICLE XIX j
LIGHT DUTY
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1. Leave of Absence
a. Leave of absence without loss of pay for an injured or disabled
Sergeant shall be governed by the provisions of Massachusetts General I
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Laws Chapter 41, section 111 F. Recruits shall be governed by
Massachusetts General Laws Chapter 152 for the period during which they
are assigned to attend the police academy.
b. The Sergeant may be compensated in the following manner:
• wholly by the Town, or
• by the Town-sponsored insurance program with the Town making
up the difference.
C. Sergeants injured in the line of duty may be required to work limited
duty assignments, subject to the following provisions:
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2. Limited Duty
a. A Sergeant receiving line of duty injury benefits under Massachusetts
General Laws Chapter 41, section 111 F who is certified by a Town-
designated doctor (at the Town's expense) to be able to perform limited police
duties may be required by the Chief of Police or his/her designee, in
accordance with the procedures outlined herein below, to perform limited
duty.
b. Light duty assignments shall include any duty to which an officer might
otherwise be assigned, consistent with such officer's physical limitations and
including, but not limited to, clerical, dispatching, training, investigative
assistance, court work, school related work, public relations, inspections,
station monitoring, clean up, or similar duties.
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3. Procedures for Limited Duty
a. If, upon notification from the Chief of Police, a Sergeant disagrees with
the Town doctor's determination that the Sergeant may be assigned limited
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duty, the Sergeant may, at his/her expense, be examined by a physician of
his/her selection as expeditiously as possible. A copy of said medical report
shall be presented to the Chief of Police at the time that it is completed. An
oral report by the Sergeant's doctor shall be communicated forthwith to the
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Chief of Police.
b. If such report by the Sergeant's doctor supports the assignment of
limited duty, the Sergeant shall forthwith report for the same.
C, If such report does not support the assignment of limited duty, the
Sergeant shall be examined by a neutral doctor with specialized training in j
the area of the Sergeant's injury. The neutral doctor shall be designated or
recommended jointly by the Town and the Sergeant's doctors as soon as is
practicable under the circumstances. The costs of the neutral doctor shall be
borne equally by the Town and the Sergeant. The two (2) doctors shall I
endeavor to appoint a neutral doctor who is capable of examining the
Sergeant within seven (7) calendar days of his appointment.
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d. If the report of the neutral doctor supports the assignment of limited
duty, the Sergeant shall forthwith report for the same. If the report does not
support the assignment of limited duty, the Sergeant shall remain on injured
on duty under Massachusetts General Laws Chapter 41 section 111 F. Each
doctor who administers an examination under this procedure shall be
provided with by the Town a detailed analysis of the physical requirements
of the limited duty tasks specified herein and shall be asked to make their
determination of the fitness of the examined Sergeant to perform limited
duty based upon the specific physical requirements of each limited duty
task. Each doctor's report shall specify which, if any, limited duty task the
examined Sergeant is capable of performing.
e. The Town and the Sergeant's doctor, or the three (3) doctor panel if
applicable, shall determine if and when the Sergeant will be re-examined if
it is determined that the Sergeant is incapable of a limited duty assignment.
4. The Town agrees that any employee who works less than a full week of
limited duty shall be considered to be on injured on duty status for the remainder of
the week and shall be paid for such time in accordance with Massachusetts General
Laws Chapter 41 section 111 F.
5. Employees assigned to limited duty shall be assigned to a shift consistent
with other departmental assignments.
ARTICLE XX
SALARIES AND WAGES I
SEE ATTACHMENT "A"
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ARTICLE XXI
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LONGEVITY
The schedule of longevity payments for Sergeants:
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
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After ten (10)years 900.00
After eleven (11)years 1050.00
After thirteen (13)years and thereafter 1350.00
After fourteen (14)years
and through nineteen (19)years 1500.00
After twenty(20)years and thereafter 1950.00
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1. Payment will be made in the payroll that includes the Sergeant's
anniversary date.
2. The longevity plan is eliminated in its entirety for all employees hired on or
subsequent to July 1, 2015,
ARTICLE XXII
EDUCATIONAL INCENTIVE
1. Primary Education Incentive:
All references to the adoption, repeal and under funding of Massachusetts
General Laws Chapter 41, Section 108L are hereby deleted. The parties
acknowledge that the Town has accepted the provisions of Massachusetts General
Laws Chapter 41, Section 108L and has provided the education incentive benefits
associated with such program. The Town will continue to pay the level of education
incentive benefits set forth in such program, as summarized below, which shall
hereinafter be called the primary education incentive program, to employees
currently participating in this program as well as employees employed prior to July 1,
2009 who had begun to accumulate credit hours for degrees in law enforcement or
law prior to October 1, 2009. The percentages associated with the primary
education incentive program are as follows:
a. 10% for an Associate's Degree in law enforcement or 60 points earned
toward a Baccalaureate Degree in law enforcement; r
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.
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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
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additional increase of two percent (2.0%) each year until they have reached the
applicable percentage associated with the primary educational incentive. j
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Payments made pursuant to this educational incentive under this article shall j
be included in the base pay when required by law for the purpose of
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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, a Sergeant must obtain
their degree and notify the Town of his/her eligibility by January 1 of the current
fiscal year for payment in the following fiscal year.
An Associate's, Bachelor's or Master's Degree in the following major
concentrations shall be eligible for the Secondary Education Incentive Program:
• Criminal Justice
• Criminal Justice Administration
• Criminology
• Law Enforcement
• Sociology
• Psychology
• Forensic Science
• Public Administration
• Political Science
• A Juris Doctor degree is also an eligible degree and shall be
treated as a Master's Degree for the purposes of this agreement.
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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.
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ARTICLE XXIII
RIGHTS OF SERGEANTS AND UNION ACTIVITY
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1. The Town and the Union agree not to discriminate in any way against
Sergeants covered by this agreement. The provisions of this agreement shall
be applied equally to all Sergeants in the bargaining unit without discrimination
because of age, sex, marital status, race, color, religion, creed, national origin,
sexual orientation, disability, political beliefs, union activities or non-union
activities or union or non- union membership.
2. In accordance with the provisions of Massachusetts General Laws Chapter
150E, Sergeants have and shall be protected in the exercise of the right, without
fear of penalty or reprisal, to join and assist the Union. The freedom of a Sergeant to
assist the Union shall be recognized as extending to participation in management of
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the Union and acting for the Union in the capacity of Union Officer or representative
or otherwise. In accordance with the provisions of Massachusetts General Laws
Chapter 150E, the Town agrees that it will not illegally aid, promote, or finance any
labor group or organization purporting to engage in collective bargaining or to make
any agreement with any such group or organization which would violate any right of
the Union under this agreement or the Law.
3. One (1) member of the Union's negotiating committee shall be granted leave
from duty with no loss of pay or benefits for all meetings between the Town and the
Union for the purpose of negotiating the terms of a contract, provided said time is
approved in advance by the Chief of Police or his/her designed.
4. One (1) Union officer or steward shall be granted up to two (2) hours without
loss of pay or benefits to investigate, process and settle grievances, provided that
the Union officers or stewards shall request permission from the Chief of Police or
his/her designee. Except under emergency conditions, such permission may not be
withheld for more than twenty-four (24) hours.
5. The Union officers or stewards may, with permission of the Chief of Police, be
permitted to discuss official union business (a) with officers during working hours
and
(b) with the Chief of Police or his/her designee at a mutually agreed upon time.
6. The Town hereby agrees to provide a bulletin board in a conspicuous
place within the police station for the posting of information of interest to the
members of the Union. The Union agrees that any information posted will not be
of an inflammatory, profane or obscene nature.
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7. Annually, one (1) Union officer shall be given leave of up to two (2) days to
attend the New England Police Benevolent Association's annual convention
without loss of pay.
ARTICLE XXIV
PERSONNEL FILES
1. A Sergeant shall have the right, upon written request, to review
his/her personnel file.
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2. Material originating after the date of the agreement which is derogatory to a
Sergeants conduct, service, character or personality that will be placed in his/her
personnel file shall be reviewed by the Sergeant and the Sergeant shall have the j
right to file a written response within ten (10) days of the placement of that material
into his/her file. His/her response will be reviewed by the Chief of Police and
attached to the file copy.
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A Sergeant shall acknowledge that he/she has had the opportunity to
review such material by affixing his/her signature to the copy to be filed; with the
express understanding that such signature in no way indicates agreement with
the contents.
ARTICLE XXV
AUTHORIZED SCHOOLING
1. The Town agrees to pay reasonable expenses to Sergeants while attending
the police training schools or academy. For the purposes of this Article, reasonable
expenses shall be:
a. A Sergeant attending an authorized school, seminar or required event
shall use a departmental vehicle for transportation to and from the same. In
the event that a departmental vehicle is not available for use by the
Sergeant, authorization from either the Chief or the Lieutenant must be
received prior to the Sergeant's use of his/her private vehicle for travel and in
order for the Sergeant to be paid mileage expense at the same rate as is
allowed for other Town employees for travel.
b. A Sergeant attending an authorized school, seminar or required event
other than normal shift duty shall, upon presentation of a receipt for the same,
be compensated for meals according to the following rate schedule:
• Meal during the mid-day not to exceed $15.00 per meal
• Meal during the evening not to exceed $22.00 per meal
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ARTICLE XXVI
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MILITARY LEAVE
A Sergeant on military leave shall receive the difference in pay, if any, between
his/her current base salary and the amount of military pay for a period not to exceed two (2)
weeks.
ARTICLE XXVII
LEAVE OF ABSENCE '
A Sergeant may apply for a leave of absence without pay when he/she has
completed one (1) full year of employment. Requests shall be based upon good and
sufficient reason, bust be in writing to the Chief of Police, and shall be subject to the
approval of the Board of Selectmen. Leave shall not be granted for more than three (3)
months but, upon approval of the Board of Selectmen, such leaves may be extended for
not more than three (3) months at a time, not to exceed nine (9) months in the aggregate.
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ARTICLE XXVIII
PROMOTIONS
At least sixty (60) days prior to the intended filling of a vacancy, a written notice of
said vacancy will be posted.
ARTICLE XXIX
GRIEVANCE PROCEDURE
1. This agreement sets forth the basic terms and conditions of employment and
is intended to continue the present and good relations between the Town, the Chief
of Police, the Sergeants, and their Union. A grievance is an allegation by the Union
or the Town that a specific provision of this collective bargaining agreement has
been violated. In the event of a grievance between the Union and the Town, the
representatives of both agree to make prompt and earnest efforts to settle the
matter. Except as provided hereinafter in section 3 of this Article, all grievances shall
be handled as follows:
a. Step 1: The Sergeant, with a Union representative if he/she so
desires, shall take up the grievance with the Chief of Police in writing within
seven (7) calendar days of the occurrence giving rise to the grievance. Any
grievance that is not filed timely at this step will be null and void. The written
grievance must contain the following information:
• A concise statement of the grievance including the date filed
• A statement of the remedial action or relief sought
• The name or names of the person(s) aggrieved
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The Chief of Police shall attempt to adjust the matter through a
meeting with the aggrieved and his/her representative and shall respond in
writing within seven (7) calendar days of his/her receipt of the written
grievance. If the grievance is not satisfactorily settled as a result, the
aggrieved may proceed to Step 2.
b. Step 2: The grievance may be submitted to the Board of Selectmen i
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within seven (7) calendar days of the written answer of the Chief of Police.
The Board of Selectmen shall provide its' written answer to the grievance
within ten (10) calendar days following the conclusion of the meeting or
receipt of the appeal if no meeting is requested by the aggrieved or the Board
of Selectmen. If the grievance is not satisfactorily settled at this Step 2, the
aggrieved may proceed to Step 3.
C. Step 3: The grievance may be appealed to arbitration by a written
notice of such intention to appeal being given to the Board of Selectmen
within five (5) calendar days after the receipt of the written answer under Step
2. This appeal to arbitration shall be in accordance with the procedure and
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conditions set forth herein. The demand for arbitration must be submitted to
the American Arbitration Association within twenty-one (21) calendar days
after receipt by the aggrieved party of the written answer under Step 2.
2. A grievance not initiated within the time limit specified shall be deemed
waived. Failure of a party to appeal a decision within the time limit specified will
mean the grievance shall not be eligible for further appeal. Failure of a party to
answer an appeal within the time limit specified shall mean that the appeal may be
taken to the next step immediately. The above limitations may be waived by mutual
written agreement of the parties. At Step 2, the Union will be notified of all meetings
and have a right to be present and be heard. No grievance carried forward by an
individual will be settled in a manner inconsistent with any specific provision(s) of this
Agreement.
3. In the event the Town submits a grievance, it shall be processed in
accordance with the provisions of Section 1 except the discussion will be
between the Town's representative and the Union's representative. If the
response of the Union representative is not satisfactory to the Town, then the
grievance may be processed in accordance with Steps 2 and 3 and the arbitration
provision.
4. No Sergeant shall be able to submit a grievance to arbitration; that right
being reserved solely for the Town and the Union.
5. No reprisals of any kind will be made by the Town against any party in
interest or any participation in the grievance procedure by reason of such
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participation.
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6. When a Sergeant elects to sue the grievance and arbitration procedure in
cases of discipline or discharge, such procedure shall be his/her exclusive remedy.
A Sergeant shall be disciplined or discharged only for just cause. When a Sergeant
elects to use another procedure for resolving his/her claim in cases of discipline or
discharge, such other procedure shall be his/her exclusive remedy and he/she shall
not have access to the grievance and arbitration procedure of this contract.
7. The Sergeant(s) shall be in a pay status, with the approval of the Chief of
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Police, when acting as a witness or when processing a grievance as described in
Steps 1 and 2 above, provided he/she would otherwise be on duty.
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8. Reprimands recorded in a Sergeant's personnel file are subject to the I
grievance procedure through the Board of Selectmen level but are not subject to the
arbitration procedure.
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9. After Sergeant has completed two (2) continuous years without receiving
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discipline of any kind, his/her file will be purged of all reprimands. All reprimands
removed from a Sergeant's personnel file will be maintained in a separate litigation
file that will be maintained by the Chief of Police.
ARTICLE XXX
ARBITRATION
1. In the event that either party to a grievance elects to submit said grievance
to arbitration, the parties shall select an impartial arbitrator through the American
Arbitration Association and the arbitration shall be conducted in accordance with the
rules of the American Arbitration Association.
2. The decision of the arbitrator shall be rendered within thirty (30) calendar
days of the completion of the arbitration hearings but such period may be extended
by mutual agreement of the parties hereto. The award of the arbitrator shall be final
and binding on the parties. The expense of the American Arbitration Association's
fees and the arbitrator's fees shall be shared equally; otherwise, each party shall
bear its' own costs. The arbitrator shall have no right to add to, detract from or in any
way alter the provisions of this Agreement. Furthermore, the arbitration award shall
be one such as is permitted by Law and the regulations and policies of the
Commonwealth of Massachusetts as may be applicable to the Town, the Sergeant,
and the Union.
ARTICLE XXXI
NO STRIKE
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1. No Sergeant covered by this Agreement shall engage in, induce or
encourage any strike (whether sympathetic, economic or otherwise), work, j
stoppage, slowdown or withholding of services. The Union agrees that neither it nor j
any of its' Sergeants or agents will call, institute, authorize, participate in, sanction j
or ratify any such strike, work stoppage, slowdown or withholding of services.
2. In the event that any Sergeant or group of Sergeants covered by this
Agreement should engage in any strike, work stoppage, slowdown or withholding of j
services, the Union shall forthwith publicly disavow any such strike, work stoppage,
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slowdown or withholding of services and shall refuse to recognize any picket line
established in connection therewith. Furthermore, at the request of the Town, the
Union shall take all reasonable means to induce such Sergeant, or group of
Sergeants, to terminate the strike, work stoppage, slowdown or withholding of
services and to return to work immediately.
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3, The Town may impose disciplinary acting, including discharge, upon any and
all of the Sergeants involved in a violation of this Article. Such action shall not be
a
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subject to the grievance and arbitration procedure hereunder except as to the
question of whether or not the Sergeant(s) who were disciplined in fact engaged
in, induced or encouraged such conduct.
ARTICLE XXXII
DRUG TESTING
1. Whenever the Chief of Police or, in his absence, an immediate supervisor,
has probable cause to believe that, based on objective facts or direct observations,
a Sergeant may have a drug dependency problem that is affecting the performance
of his/her duties, the Chief of Police or immediate supervisor as above described
may require the Sergeant to submit to drug screening tests for the presence of
controlled substances as defined in Massachusetts General Laws Chapter 94C as
follows:
a. Notice of the order shall be given immediately to the Sergeant, in
writing, along with the basis for the order.
b. The Sergeant may initiate a review of the order by advising the
Chief of Police, in writing, within eight (8) hours.
C. If a review is requested by the Sergeant, the order shall be reviewed
by a review committee. This committee will be comprised of a ranking officer
to be designated by the Chief of Police, a Sergeant designated by the Union,
and the Town Administrator. The review shall be conducted and concluded
within forty-eight (48) hours of the order of the Chief of Police. The Sergeant
shall not be subjected to any drug tests during the review period.
d. If the review committee concludes that the drug testing is warranted,
then the Sergeant shall submit to such tests as described below
immediately upon notification of the decision of the committee. The
Sergeant shall have the right to be accompanied by a Union representative. j
e. If the review committee concludes that the testing is not warranted,
then all records of the order of the Chief of Police shall be destroyed and the
Sergeant shall not be required to submit to such tests. The decision of the
committee shall be final and binding and will not be subject to the grievance
and arbitration provisions of the collective bargaining agreement.
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2. The testing procedure shall be as follows:
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a. The facility selected to conduct the analysis must be experienced
and capable of quality control, documentation, chain of custody, technical
expertise and demonstrated proficiency in radioimmunoassay testing. Only a j
facility which has been properly certified by the state in which it is located to
perform such tests shall be used. Hair samples, urine samples or blood
samples will be taken from the Sergeant according to directions provided by
the testing facility.
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b. The Sergeant shall be advised of the specimen collection procedure.
C. The Sergeant will be interviewed to establish the use of any drugs
currently taken under medical supervision. Any Sergeant taking drugs by
prescription from a licensed physician as part of treatment which would
otherwise constitute illegal drug use, must notify the tester, in writing, and
include a letter from the treating physician.
d. The facility will provide the Sergeant with a "split sample" which the
Sergeant may take for testing at a facility of his/her own choosing. The "split
sample" shall be processed in accordance with the procedures used to collect
the first sample.
3. The testing procedures and safeguards provided in this policy shall be
adhered to by all personnel associated with the administration of drug tests.
a. The Sergeant will be assigned a test code identification for the
purpose of maintaining anonymity and privacy throughout the sampling and
testing procedure. The Sergeant shall sign and certify appropriate
documentation that the coded identification on the testing sample
corresponds with the assigned test code identification.
b. Each step of the testing procedure and processing of the test
samples shall be documented to establish procedural integrity and the chain
of custody. Where a positive test is confirmed, the sample shall be
maintained in secure storage for as long as is possible.
G. The initial screening test shall be a thin layer chromatography (TLC) or
Antibody/Immunological Test. Test results will be made known to the
Sergeant just as soon as they are made known to the department.
d. If the screening test results in a negative finding, all record(s) of the
screening test shall be destroyed and the negative screening test shall be
final.
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e. If the screening test results in a positive finding of specific drug(s), a
confirmatory test consisting of the gas chromatology mass, spectrotonotry
(gc-MS), or any testing procedure recognized as more accurate that may
develop in the future, shall be conducted.
f. If the confirmatory test results in a negative finding, all record(s) of the
screening test shall be destroyed and the negative confirmatory test shall be
final.
4. On the first occasion of a positive finding of both the screening and
confirmatory tests, the Sergeant shall be relieved of duty and placed on accrued
sick and/or vacation leave. When a Sergeant has exhausted his/her accrued sick
and/or vacation leave, he/she shall be placed in a non-pay status. The Sergeant f
shall remain on sick leave, vacation leave, or on a non-pay status until he/she
completes an accredited drug rehabilitation program. The cost of such program
shall be covered by the Sergeant's insurance or by the Town. Discipline up to and
including termination may result if the Sergeant refuses to participate in such a j
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program.
A second offense under the provisions of this policy may subject the
Sergeant to termination.
5. All records promulgated under this Agreement shall be kept by the Chief of
Police in a confidential file. Only the Chief of Police, the Sergeant, or the
Sergeant's representative shall have access to that file.
ARTICLE XXXIII
FAMILY AND MEDICAL LEAVE ACT
1. In accordance with the Family and Medical Leave Act (FMLA) of 1993 as
amended, the Town of Brewster is required to provide eligible employees with up to
a maximum of twelve (12) weeks of unpaid leave in a twelve (12) month period for
one (1) or more of the following reasons:
a. To care for a newborn or newly placed adopted or foster child
b. To care for a member of the employee's immediate family with a
serious health condition
C. To care for the employee's own serious health condition
d. Placement with the employee of a son or daughter for adoption or
foster care
e. Because of any qualifying exigency arising out of the fact that the
employee's spouse, son, daughter or parent is a military member on covered
active duty or has been notified of an impending call up or order to a covered
active-duty status; and
f. To care for a covered service member with a serious injury or illness
if the employee is the spouse, son, daughter, parent or next of kin of the
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covered service member.
Twelve (12) weeks of leave within a twelve (12) month period is the maximum
amount of leave required by the Family and Medical Leave Act, regardless of the
number of qualifying events involving an individual eligible employee that may occur j
within a twelve (12) month period. Eligible employees should use up all accrued paid
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leaves prior to utilizing unpaid FMLA leave time.
2. Definitions l
a. Serious Health Condition is defined as an illness, injury, impairment or
physical or mental condition that involves either: {
• incapacity or in-patient care at a health care facility, or
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• incapacity requiring absence from work or other activities for more
than three (3) calendar days during which continued treatment has
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been prescribed by a health care provider, or
• continued treatment by a health care provider for a chronic or
long- term health condition, which is incurable or, if left untreated,
would result in incapacity for more than three (3) calendar days.
b. Health Care Provider is defined as a Doctor of Medicine or
osteopathy authorized to practice within the jurisdiction in which he/she is
located, or any other person(s) capable of providing health care services as
defined by the Department of Labor's Family and Medical Leave Act
regulations.
3. Eligibility
To be eligible for leave, a Sergeant must be employed by the Town for at
least twelve (12) months and have worked at least one thousand two hundred fifty
(1,250) hours within the previous twelve (12) month period. Leave will be pro-rated
for eligible part-time employees. The determination of the twelve (12) month period
will be calculated from the start date of the leave.
4. Substitution of Paid Leave
If leave is taken under this policy for the birth of a child, eligible female
Sergeants may choose to take accrued paid sick, vacation or personal days for the
first eight (8) weeks. During the remaining four (4) weeks, eligible female Sergeants
must exhaust their accrued paid sick, vacation and personal days.
If leave is taken under this policy for the adoption of a child under the age of
eighteen (18) years or twenty-three (23) years if the child is mentally or physically
disabled or for the placement of a foster child, the eligible female Sergeant may
choose to use her accrued paid vacation or personal time for the first eight (8)
weeks. During the remaining four (4) weeks, eligible female Sergeants must exhaust
their accrued paid vacation and personal days.
Eligible male Sergeants who take leave for the birth of a child must first
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exhaust their accrued paid vacation and personal days.
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Eligible male Sergeants who take leave for the placement of an adopted or
foster child must first exhaust their accrued paid vacation and personal days.
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Eligible Sergeants who take leave under this policy for their own serious
health condition must first exhaust accrued paid sick leave, vacation and personal I
days and compensatory time.
If the Sergeant's accrued paid leave is less than twelve (12) weeks, the
remaining weeks of leave, up to twelve (12) weeks in a twelve (12) month period, will
be granted without pay.
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Any FMLA leave taken because of the birth of a child or the placement of an
adopted or foster child must be taken within twelve (12) months of the birth or
placement of the child.
5. Notice Requirement
In the case of leave for the birth or placement of a child, a Sergeant
must provide thirty (30) days advance notice to his/her supervisor prior to the
date on which the leave is to begin. In a Sergeant is unable to provide the thirty
(30) days advance notice, he/she must provide notice as soon as is possible.
If leave requested for a serious health condition is foreseeable based upon
planned medical treatment, Sergeants are required to make a reasonable effort to
schedule the treatment(s) so as not to unduly disrupt the operations of the Town.
Sergeants are further required to provide thirty (30) days advance notice to their
supervisor or, if the treatment is required in less than thirty (30) days, as much
advance notice as is practical.
6. Certification Requirement
Sergeants requesting leave under this policy must provide certification from a
health care provider to the Town, which supports or recommends leave for their own
serious health condition or to care for a seriously ill member of their immediate
family.
Certification is to be provided on the US Department of Labor's Form WH-380
and must include the date on which the serious health condition was
detected/diagnosed, the probable duration of the condition, appropriate medical facts
regarding the condition, an estimate of the length of time that the Sergeant will be
unable to perform his/her employment functions, or, in the case of a "care leave", a
statement that the care provided by the Sergeant is needed and will be beneficial to
the immediate family member with the serious health condition together with an
estimate of the amount of time that will be required of the Sergeant to provide the
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proper care unless recertification is restricted by the FLMA regulations. In the case of {
intermittent leave, the dates and duration of care or treatments to be given or
received will be required.
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The Town may require recertification by the health care provider every thirty
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(30) days before authorizing further use of FMLA unpaid leave. The Town may also
require certification from the health care provider as to the Sergeant's fitness and
ability to resume employment functions prior to returning to work. I
The Town may require, at its expense, that a second opinion be obtained. In
the event of conflicting opinion, the Town may require a third and final opinion at its'
expense.
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The Town may require subsequent recertification on a periodic basis as to the
leave status and the Sergeant's intention to return to work.
7. Intermittent, Periodic and Reduced Schedule Leaves
A Sergeant requesting leave because of his/her serious health condition or
the serious health condition of an immediate family member may request to take
leave intermittently or on a periodic or reduced schedule, if it is medically
necessary.
The term "intermittently" describes a leave in which the Sergeant does not
take all twelve (12) weeks consecutively but takes a series of shorter leaves of
varied length; not to exceed a total of twelve (12) weeks over a twelve (12) month
period.
The term "periodic" described a leave in which the Sergeant takes a series of
leaves of consistent length on a regularly scheduled bases in order to give care or to
receive treatment; not to exceed a total of twelve (12) weeks over a twelve (12)
month period.
The term "reduced schedule" describes a leave schedule in which the
Sergeant works fewer hours per week than usual in order to leave work to give or
receive care or treatment that has been certified as necessary by a health care
provider.
The Town may require Sergeants who seek intermittent, periodic, or
reduced schedule leaves to transfer temporarily to another position which can
better accommodate recurring periods of leave that the Sergeants regular
position, provided that the alternative position provides equivalent pay and
benefits.
8. Sergeant's Benefits During Leave
The Town will maintain health coverage for a Sergeant on leave under this
policy at the same level and under the same conditions as the Sergeant would enjoy
if not on leave. Because no paychecks will be issued to the Sergeant while he/she is
on unpaid leave, the Sergeant will be responsible to pay his/her portion of the health
and/or life insurance premiums that normally would be paid to the insurance
company via payroll deduction. If the Sergeant fails to make his/her premium
payment within thirty
(30) days of the depletion of paid leave time, the Town will cease maintenance of the
Sergeant's health care coverage.
Sergeants experiencing severe financial hardship may, within thirty (30) days
of the start of the unpaid portion of FLMA leave, petition the Personnel Board to
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consider alternate means of maintaining the Sergeant's health insurance.
If the Sergeant fails to return to work following the leave, unless the failure to
return is due to the continuation, recurrence or onset of a serious health condition that
entitles the Sergeant to leave for a serious health condition of himself/herself or
his/her family or other circumstances beyond the Sergeant's control, the Sergeant's
on leave under this policy shall be responsible for reimbursement of the cost of his/her
health coverage previously paid by the Town during the leave period.
9. Reinstatement Following Leave
Except for Sergeants in the highest paid ten (10%) percent of the Town's
work force, Sergeants on leave are entitled to reinstatement to the same or
equivalent position with equivalent pay, benefits, and other terms and conditions of
employment as they had held before going on leave. If, in the determination of the
Town, denial of a Sergeant's job restoration is necessary to prevent substantial and
grievous economic injury to the Town, Sergeants in the highest ten (10%) percent of
the work force may be denied reinstatement following their leave under this policy.
Sergeants will be informed of such denial as soon as is possible after the
determination is made by the Town. Affected Sergeants may then elect to return
to work to avoid being denied reinstatement.
10. Conflicts with Family and Medical Leave Act
The Family and Medical Leave Act shall prevail if there is any conflict
between the Act and this policy.
To the extent that Massachusetts General Laws, Chapter 149, section 105D
provides greater family or medical leave rights than the Family and Medical Leave
Act of 1993, then Massachusetts General Laws, Chapter 149, section 105D shall
prevail.
ARTICLE XXXIV
LEAVE FOR VICTIMS OF ABUSIVE BEHAVIOR
1. In accordance with MGL Chapter 149, Section 52E, "Employment Leave for
Victims and Family Members of Abusive Behavior" (the Law), the Town of Brewster
is required to provide eligible employees with up to a maximum of fifteen (15) days of
paid or unpaid leave to seek or obtain medical attention, counseling, victim services j
or legal assistance, secure housing, obtain a protective order from a court, appear in
court or before a grand jury, meet with a district attorney or other law enforcement j
official or attend child custody proceedings or address other issues directly related to j
the abusive behavior against the employee or family member of the employee. j
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2. Definitions
Abusive behavior includes, but is not limited to, threatening, assaulting,
striking, harassing, stalking, causing physical harm or emotional pain, perpetrating
violence, destroying property, kidnapping, forcing a person to do things against their
will, etc.
3. Covered Individuals
The Law applies to public and private employers who employ fifty (50) or
more employees in Massachusetts. The Town of Brewster is a covered employer.
An employee is defined as an individual "who performs services for and under
thecontrol and direction of an employer for wages or other remuneration": A family
member is defined in the statute as
a. A parent, stepparent, child, stepchild, sibling, grandparent or
grandchild
b. A married spouse
C. Persons in a substantive dating or engagement relationship who
reside together
d. Persons having a child in common regardless of whether they have
ever married or resided together
e. Persons in a guardian relationship
4. Responsibility of Employers
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a. Notification
Employers must notify each employee of his/her rights and
responsibilities under the Law. The Town of Brewster, by adoption of a policy I
dated December 15, 2014, via a public hearing held December 15, 2014 and
posting of the same on the Town's website and by posting paper copies of
this policy on conspicuous bulletin boards within its workplaces, notified its
employees of the Law and the Town's responsibilities under the Law.
b. Leave
A Sergeant is permitted to take up to fifteen (15) days of paid or
unpaid leave from work within the twelve (12) month period if the following
criteria are met; I
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• The Sergeant or a family member of the Sergeant is a victim of
abusive behavior as defined by the Law a
• The Sergeant is using the leave from work for one or more of
the reasons established in paragraph 1 above i
• The Sergeant is not the perpetrator of the abusive behavior
C. The Town of Brewster will grant unpaid leave for absences qualified
under the Law if an eligible Sergeant has no other paid personal, sick or I
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vacation leave available. If unpaid leave must be granted, the absence is to
be recorded under a general category of"other" on the Sergeant's payroll and
attendance records.
5. Confidentiality of Documents
The Town may request that a Sergeant provide documentation evidencing
that the Sergeant or the Sergeant's family member has been a victim of abusive
behavior and that the leave is or has been taken consistent with the Law. The types
of documentation a Sergeant can provide are described in section 7 below.
The Town is required to keep confidential all information related to the
Sergeant's leave under the Law. This information shall not be disclosed by the
Town except to the extent that disclosure is:
a. Requested or consented to, in writing, by the Sergeant
b. Ordered to be released by a court
C. Otherwise required by applicable federal or state law
d. Required in the course of an investigation authorized by law
enforcement
e. Necessary to protect the safety of anyone employed at the
workplace
Any documentation provided to the Town under the Law may be maintained
by the Town in the Sergeant's employee record but only for as long as is required for
the Town to make a determination as to whether the Sergeant is eligible for leave
under the Law.
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6. Responsibility of Sergeants
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a. Notice
Except in cases of imminent danger to the health or safety of a
Sergeant, a Sergeant seeking leave from duty under this section of the Law
must provide appropriate advance notice of the leave to his/her supervisor.
The department will accept notice in the form of any communication by the
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Sergeant to his/her immediate supervisor. The supervisor must relay the
request confidentially, on behalf of the requesting Sergeant, to the Chief of a
Police or his designee for verification of eligibility under the Law.
In cases of a threat of imminent danger to the health or safety of a
Sergeant or a Sergeant's family member, the Sergeant is not required to I
provide advance notice of leave but must notify the Chief of Police or his j
designee within three (3) workdays that the leave was taken or is being taken
under the Law. Such notification may be communicated by the Sergeant, a j
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family member of the Sergeant, the counselor, social worker, health care
worker, member of the clergy, shelter worker, legal advocate or other
professional who has assisted the Sergeant's in addressing the effects of the
abusive behavior on the Sergeant or the Sergeant's family member. The
Sergeant or individual authorized to communicate that the leave was taken or
is being taken under the Law may do so by telephone, in person, in writing or
by any other reasonable means.
7. Required Documentation
The Town may request that a Sergeant provide documentation evidencing
that the Sergeant or the Sergeant's family member has been a victim of abusive
behavior and that the leave is taken under the Law. The Sergeant must provide such
documentation to the Town within a reasonable period after it has been requested.
The Town cannot require the Sergeant to show evidence of an arrest, conviction, or
other law enforcement documentation of such abusive behavior. The Sergeant can
satisfy the request for required documentation by providing any one of the following
documents:
a. A protective order, order of equitable relief or other documentation
issued by a court of competent jurisdiction as a result of abusive behavior
against the Sergeant or the Sergeant's family member
b. A document under the letterhead of the court, provider or public
agency which the Sergeant attended for the purposes of acquiring assistance
as it related to the abusive behavior against the Sergeant or the Sergeant's
family member
C. A police report or statement of a victim or witness provided to police,
including a police report, documenting the abusive behavior reported by the
Sergeant or the Sergeant's family member
d. Documentation that the perpetrator of the abusive behavior against the
Sergeant or family member has admitted sufficient facts to support a finding
of guilt of abusive behavior or has been convicted of or has been adjudicated
a juvenile delinquent by reason of any offense constituting abusive behavior
and which is related to the abusive behavior that necessitated the leave
under this section
e. Medical documentation of treatment as a result of the abusive j
behavior reported by the Sergeant or the Sergeant's family member
f. A sworn statement, signed under the penalties of perjury, and provided
by a counselor, social worker, health care worker, member of the clergy,
shelter worker, legal advocate or other professional who has assisted the
Sergeant or the Sergeant's family member in addressing the effects of the
abusive behavior
g. A sworn statement from the Sergeant, signed under the penalties
of perjury, attesting that he/she has been the victim of abusive behavior I
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or a family member has been the victim of abusive behavior.
8. Leave
a. Duration
The Town must permit a Sergeant to take up to fifteen (15) days of
paid or unpaid leave from duty during the 12-month period following the first
absence documented as qualifying under the Law. The Sergeant must first
exhaust all annual paid personal, sick or vacation leave available to him/her
before taking unpaid leave. The Town may provide additional leave, if
needed, in accordance with leave under the collective bargaining agreement
(vacation, personal, sick, compensatory time, leave of absence), subject to
the approval of the Chief of Police.
b. Employment Protections
The Town cannot discharge or in any other manner discriminate
against a Sergeant for exercising his/her rights under the Law. Upon the
Sergeant's return from such leave, the Sergeant is entitled to all benefits
accrued prior to and during the absence related to the Law. The Sergeant
is entitled to restoration of his/her same job or to an equivalent position
upon return from leave related to the Law.
If an unscheduled absence occurs, the Town cannot take any negative
actions against the Sergeant if the Sergeant, within thirty (30) days from the
unauthorized absence or, in the instance of consecutive days of unauthorized
absence, within thirty (30) days from the last unauthorized absence, provides
any of the documentation required under the Law and as above described.
ARTICLE XXXV I
SPECIALIZED DUTY
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The Chief of Police may assign Sergeants to specialized duties as they arise.
ARTICLE XXXVI
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PARENTAL LEAVE
Full time male and female employees will be eligible for parental leave if they have
completed an initial probationary period of employment not to exceed three (3) months or, if
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there is no probationary period, after three (3) consecutive months of employment. Part time
employees are not eligible for parental leave.
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An employee may use parental leave for the purpose of caring for a child after:
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1, the child's birth
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2. the child's adoption if the child is under the age of eighteen (18) years or
under the age of twenty-three (23) years if the child is mentally or physically disabled
3. the child's placement pursuant to a court order.
An employee is entitled to eight (8) weeks of parental leave unless two (2) employees
are the parents of the same child in which case the employees are entitled to an aggregate
of eight (8) weeks. The parental leave is unpaid although the employee may use accrued
sick leave, if applicable.
If an employee is eligible for both parental leave and family medical leave and the
reason for the leave is covered by both statutes, the leave shall run simultaneously.
Employees taking parental leave shall not be required to take paid leave if they have paid
leave available but may choose to do so.
An employee is required to provide at least two (2) weeks' notice of the anticipated
start date of the parental leave. If, for reasons beyond the employee's control, two (2)
weeks' notice is not feasible, the employee is required to give notice as soon as practical.
The Family Medical Leave Act as amended by the regulations of 2013 shall prevail in
any conflict with parental leave. To the extent that MGL chapter 149, section 105D (Parental
Leave Act) provides greater family or medical leave rights than the Family Medical Leave
Act of 1993, the Parental Leave Act shall prevail.
ARTICLE XXXVII
INFECTION CONTROL GUIDELINES
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The Town shall provide for the immediate, follow-up and ongoing treatment for any
member who is exposed to a potentially infectious disease; said treatment to be consistent I
with the latest method of treatment available. j
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The Town agrees that it will meet the guidelines of the Southeastern Massachusetts
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EMS Council protocol regarding infection control and will further meet OSHA Health
Standards with respect to the following: Hepatitis B immunizations and screening, AIDS
screening, TB screening, exposure reports, protective clothing and the replacement and/or
cleaning or any contaminated clothing or equipment.
ARTICLE XXXVIII
OFFICER WELLNESS
The Town and the Union acknowledge the importance of addressing the wellness
needs of police officers given the inherent stresses that come with the profession. j
Any Sergeant who provides written documentation of having seen a licensed mental
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health professional for counseling, treatment, or other similar "check-in" shall be
compensated with four (4) hours of vacation time. No Sergeant shall be compensated for
more than two (2) visits per fiscal year, or eight (8) hours of vacation time in total. All
vacation time shall be used in accordance with other comp time as outlined within the
collective bargaining agreement.
ARTICLE XXXIX
GLOBAL POSITIONING SYSTEM AND AUDIO/VIDEO CAMERAS
The Town and the Union agree that Global Positioning System transmitters and
Audio/Video cameras have been installed in Police vehicles in accordance with the following
terms and conditions:
1. The Chief of Police shall advise the Union if the systems change.
2. The Town shall maintain the records consistent with state law and will
generally keep all GPS and Audio/Video Camera records, reports, data and
information for 90 days, unless otherwise required by law. The Police Department
will retain all records, reports, data and other information pertaining to specific
incidents until all matters regarding that incident have been resolved, regardless of
whether those matters are criminal, civil or administrative.
3. The parties agree that information obtained by the GPS and
Audio/Video Camera units
a. may be used for disciplinary action in the event of a serious offense
b. will generally be used for guidance or instructional purposes in the
event of violations of a less serious nature 3
C. may be used for disciplinary purposes for less serious violations in the
event of repeated violations.
ARTICLE XXXX
PERFORMANCE EVALUATIONS
Performance evaluations for each union employee will be performed by the Patrol
Lieutenant and/or Special Services Lieutenant on an annual basis. Performance
evaluations shall be used by the administration of the department as a communication tool,
to observe and evaluate attitude, conduct, work habits, work ethic and to establish and
achieve goals and objectives.
ARTICLE XXXXI
EFFECT OF AGREEMENT
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1. This instrument constitutes the entire agreement of the Town and the Union
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arrived at as a result of collective bargaining negotiations, except for such
amendments hereto as shall have been reduced to writing and signed by the
parties.
2. The failure of the Town or the Union to insist, in any one or more situations,
upon performance of any of the terms or provisions of this agreement, shall not be
considered as a waiver or relinquishment of the right of the Town and the Union to
future performance of any such terms or provisions, and the obligations of the Town
and the Union to such future performance shall continue in full force and effect.
3. If any of the provisions of this Agreement shall in any manner conflict with any
Federal law or statute or statute of the Commonwealth of Massachusetts, such
provision shall be considered null and void and shall not be binding on the parties
hereto. In such event, the remaining provisions of the Agreement shall remain in full
force and effect. Where it is appropriate, the parties shall meet to negotiate a legally
constituted replacement provision(s), but this shall not constitute a reopening of this
Agreement.
4. The parties acknowledge that, during the negotiations which preceded the
execution of this Agreement, each had the unlimited right and opportunity to
make demands and proposals with respect to any subject or matter not removed
by Law from the area of collective bargaining and that the understandings and
agreements arrived at by the parties after the exercise of that right and
opportunity are set forth in this Agreement. Either party, however, may propose
specific amendments to this Agreement and the parties may mutually agree upon
amendments and proposals and the effective date thereof but neither party shall
be obligated to consider or negotiate such proposed demands or amendments.
Additions to this Agreement shall be evidenced by letters of mutual intent, which
shall be signed by representatives of the parties duly authorized by the Town and
the Union.
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5. No provisions of this Agreement shall be retroactive prior to the effective
date unless otherwise specifically stated herein.
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ARTICLE XXXXII
DURATION OF THIS AGREEMENT
1. This Agreement shall be effective on July 1, 2021 and shall continue in full
force and effect until midnight, June 30, 2023. Should either or both parties desire to
negotiate a new collective bargaining agreement, such party or parties shall, not
later than December 1, 2022, give notice in writing to the other by certified mail.
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2. Upon receipt of such notice, the parties shall make mutually satisfactory
arrangements to engage in negotiations leading to a settlement of issues raised by
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such notice. Nothing in this article shall preclude either the Town or the Union from
modifying any proposals made during the course of negotiations.
ARTICLE XXXXIII
TYPOGRAPHICAL ERRORS
The parties hereto agree to correct any typographical errors that may occur within
the agreement.
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IN WITNESS WHEREOF, the Select Board of the Town of Brewster and the
Brewster Superior Officers Association have caused this Agreement to be signed this
day of , 2021.
For the Brewster Superior Officers For the Town of Brewster
Association
P
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Approved as to form
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IN WITNESS WHEREOF, the Select Board of the Town of Brewster and the
Brewster Superior Officers Association have caused this Agreement to be signed this
day of , 2021.
For the Brewster Superior Officers For the Town of Brewster
Association
�l�& C•��uD�,lia�
�dwc+.rd B Cla�efa-�h
Approved as to form
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39 Doc ID: b55592b706719fc7efb748887988f48e35a9528a
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YHELLOSIGN Audit Trail
TITLE Police Union Contracts
FILE NAME Police Union Contracts.pdf
DOCUMENT ID b55592b706719fc7efb748887988f48e35a9528a
AUDIT TRAIL DATE FORMAT MM/DD/YYYY
STATUS Out For Signature
Document History
1210612021 Sent for signature to Cindy Bingham
SENT 21:52:17 UTC (cbingham@brewster-ma.gov), Dave Whitney
(dwhitney@brewster-ma.gov), Ned Chatelain
(nchatelain@brewster-ma.gov), Mary Chaffee
(mchaffee@brewster-ma.gov)and Kari Hoffmann
(khoffmann@brewster-ma.gov)from sbroderick@brewster-ma.gov
IP: 131.109.131.20
12/0612021 Viewed by Kari Hoffmann (khoffmann@brewster-ma.gov)
VIEWED 21:52:57 UTC IP: 73.219.179.129
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12/06/2021 Viewed by Mary Chaffee (mchaffee@brewster-ma.gov)
VIEWED 21:53:19 UTC IP: 73.227.44.169
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12/06/2021 Signed by Kari Hoffmann (khoffmann@brewster-ma.gov)
SIGNED 21:53:25 UTC IP: 73.219.179.129
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Powered by®HELLOSIGN
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YHELLOSIGN Audit Trail
TITLE Police Union Contracts
FILE NAME Police Union Contracts.pdf
DOCUMENT ID b55592b706719fc7efb748887988f48e35a9528a
AUDIT TRAIL DATE FORMAT MM/DD/YYYY
STATUS e Out For Signature
Document History
12/0612021 Viewed by Cindy Bingham (cbingham@brewster-ma.gov)
VIEWED 21:55:16 UTC IP: 73.167.234.228
12/06/2021 Signed by Cindy Bingham (cbingham@brewster-ma.gov)
SIGNED 21:55:32 UTC IP: 73.167.234.228
0 12106/2021 Viewed by Dave Whitney(dwhitney@brewster-ma.gov)
VIEWED 22:11:11 UTC IP: 73.47.1.50
12/06/2021 Signed by Dave Whitney(dwhitney@brewster-ma.gov)
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SIGNED 22:11:27 UTC IP: 73.47.1.50
�0
12/07/2021 Viewed by Ned Chatelain (nchatelain@brewster-ma.gov)
VIEWED 01:12:02 UTC IP: 73.167.45.86
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12/07/2021 Signed by Ned Chatelain (nchatelain@brewster-ma.gov)
SIGNED 01:12:10 UTC IP: 73.167.45.86
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0 12/07/2021 This document has not been fully executed by all signers. !
INCOMPLETE 01:12:10 UTC
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ATTACHMENT A
FY 2022 FY 2023
+2%COLA +2.75%COLA
Hourly Annual Hourly Annual
4 41.95 $87,261.41 43.11 $89,661.10
3 40.83 $84,927.65 41.95 $87,263.16
2 39.84 $82,869.70 40.94 $85,148.61
1 38.87 $80,854.18 39.94 $83,077.67
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Sergeants who work a four(4) month rotation of midnight shifts shall be compensated with an
additional Four Hundred ($400.00) Dollars to be paid in the last pay period of that rotation. Sergeants
who work a four(4) month rotation of evening shifts shall be compensated with an additional Three
Hundred ($300.00) Dollars to be paid in the last pay period of that rotation.
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Step increases for all sergeants will be implemented on July 1 of each year. Step increases for sergeants
with an established anniversary date between July 1 and March 31 will be implemented on July 1 of the
following fiscal year. Step increases for sergeants with an established anniversary date between March
31 and June 30 will not be;implemented''until July 1 of the following calendar year. Sergeants who begin;
a step prior to January 1 will advance to the next stepson July 1 of the next fiscal year. Sergeants who
begin a step;subsequent to January 1 will not advance to the next step until July 1 of the following
calendar year.
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