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HomeMy Public PortalAbout11-09-2010 executive session police association contract TOWN OF Isao WATERTOWN r: Office of the Town Manager Administration Building <1 149 Main Street Watertown,MA 02472 Phone:617-972-6465 Fax:617-972-6404 Michael J. Driscoll www.watertowti-ina.gov Town Manager rownmQr(a)warerrown-ma.¢ov To: Honorable Town Council �\ From: Michael J. Driscoll, Town Manager Date: November 4,2010 RE: Agenda Item - Transfer of Funds Request Watertown Police Association I am pleased to inform you an Agreement has been reached with the Watertown Police Association for a one year contract covering July 1, 2009 through June 30, 2010; and for a three year contract covering July 1, 2010—June 30, 2013. Enclosed please find a copy of the Memorandum of Agreement. Copies of some of the significant Articles in the Collective Bargaining Agreement (July 1, 2005 — June 30, 2008) that will be revised as a result of this Agreement are included as well. I urge your support of the Agreement. The Agreement is fair to the employees, the taxpayers of Watertown and the Town alike. I respectfully request the attached transfer be placed on the November 9, 2010 Town Council Agenda. Thank you for your consideration in this matter. cc: Edward P. Deveau,Police Chief Joseph S. Fair, Esquire, Kopelman and Paige, P.C. Gayle M. Shattuck, Personnel Director Thomas J.Tracy,Town Auditor TRANSFER AMOUNT $153,974 FY 2010 FROM: FY 2010 TOWN COUNCIL RESERVE $ 153,974 021 1 1 52-570780 TO: FY 2010 POLICE CAREER INCENTIVE $ 153,974 0221051-510191 1 hereby certify to the availability, authority of funding source, mathematical accuracy and appropriate fiscal year. D# TOWN AUDITO TRANSFER AMOUNT $176,991 FY 2011 FROM: FY 2011 TOWN COUNCIL RESERVE $ 134,491 0111152-570780 FY 2011 POLICE OVERTIME $ 17,500 0121051-510130 FY 2011 SICK LEAVE BUYBACK $ 25,000 0191200-510117 TO: FY 2011 POLICE CAREER INCENTIVE $ 174,291 0121051-510191 FY 2011 POLICE LONGEVITY $ 2,700 0121051-510143 I hereby certify to the availability, authority of funding source, mathematical accuracy and appropriate fiscal year. DA7 TOWN All 1 MEMORANDUM OF AGREEMENT BETWEEN THE TOWN OF WATERTOWN AND WATERTOWN POLICE ASSOCIATION The Town of Watertown and the Watertown Police Association hereby agree, subject to appropriation by the Town Council, to one (1) year and three (3) year collective bargaining agreements effective July 1, 2009 through June 30, 2010 and July 1, 2010 through June 30, 2013, respectively, which shall contain the same terms and conditions as the parties' most recent agreement, except as modified by the following: One Year Aereement: I. Duration: July 1, 2009 through June 30, 2010 2. Quinn Bill: For the period of July 1, 2009—June 30, 2010, and notwithstanding the provisions of the parties' July 1, 2009—June 30, 2010 collective bargaining agreement that is to be executed, the parties agree that employees who were eligible to receive Quinn Bill benefits under G.L. c. 41, §108L for said period shall receive a retroactive payment of one hundred percent (100%) of the benefit that was applicable to them for that period, e.g. 25% master's, 20% bachelor's, 10% associate's, minus any amounts that were already paid to them by the Town for that same period. 3. Wages: 0% 4. All employees who receive Quinn Bill benefits for Fiscal Year 2010 shall be required to forfeit on a one time basis either five (5) vacation days or twenty (20) sick days from their accrued leave balances. The choice between the deduction of vacation days or sick days shall be the employee's, however, the deduction of vacation days shall occur over FY 2011, 2012 and/or 2013 and the deduction of sick days shall be made prior to the freezing of the employee's sick leave buyback amount set forth in paragraph fifteen(15) below. If an employee wishes, he/she may elect to have deducted a proportionate mix of vacation days and sick days with one (1) vacation day being equivalent to four(4) sick days. 5. All officers who are assigned to administrative positions/schedules (non-patrol positions), the three (3) first half shift officers and the traffic officer will be utilized four(4) shifts per year per officer during or in lieu of, in the case of the first half officers and the traffic officer, their regular work shifts to backfill vacancies that occur in other divisions of the Police Department as determined by the Chief or his designee, including vacancies in patrol or administrative officer. For the first half officers and traffic officer, one week's notice will be provided. Effective June 30, 2013, the number of shifts per year per officer will be reduced to three (3). In the event the Commonwealth fully funds its half of the Quinn Bill in any contract year, this provision shall not be applicable for the year in which the full funding is to be received by the Town. Three Year Agreement: 1. Duration: July 1,2010 through June 30,2013. 2. Quinn Bill/Education Incentive: Replace Article 4, Section A with the following: "The parties agree to establish the Watertown Police Association Educational Incentive Plan. The Town will continue to pay the full level of education incentive benefits set forth in such program, as summarized below, to employees currently participating in the Quinn Bill education incentive program under G.L. c. 41, §108L as it existed as of July 1, 2009, as well as to employees employed prior to July 1, 2009 who had begun to accumulate credit hours for degrees in law enforcement, criminal justice or law prior to September 1,2009. The percentages associated with the Watertown Police Association Educational Incentive Plan are as follows: • 10% for an Associate's degree in law enforcement or criminal justice, or 60 points earned toward a Baccalaureate Degree in law enforcement or criminal justice. • 20% for a Baccalaureate Degree in law enforcement or criminal justice. • 25% for a Master's Degree in law enforcement or criminal justice, or a degree in law. *Qualifying degrees and credits will be the same as applied by the Massachusetts Department of Higher Education for Quinn Bill benefits as of June 30, 2009. Future employees who transfer from another department where they had been included in an education incentive program pursuant to M.G.L. c. 41, §108L and were eligible to receive benefits under same shall be eligible for this education incentive program. The parties acknowledge that the Town has previously accepted the provisions of Chapter 835 of the Acts of 1970, as amended, (M.G.L. c. 41, §108L). The education incentive benefit being provided under this contract is not intended to be in addition to the benefits the officer may be eligible to receive under §108L. Those employees who are eligible for payment under both §108L and the Watertown Education Incentive Plan shall receive the higher payment to which they are entitled, but not both. In no case shall an officer be entitled to receive from the Town education incentive payments that exceed in total the amounts that are expressly set forth above. For officers who do not meet the eligibility criteria set forth above or under G.L. c. 41, §108L,they shall be entitled to receive an annual education incentive benefit as follows: • $3,500.00 for an Associate's degree in law enforcement or criminal justice, or 60 points earned toward a Baccalaureate Degree in law enforcement or criminal justice. • $7,000.00 for a Baccalaureate Degree in law enforcement or criminal justice. 2 • $8,750.00 for a Master's Degree in law enforcement or criminal justice, or a degree in law." Replace Article 4, Section B with the following: "Payments under Section A above shall be made weekly and shall be included in the base pay for computing injured pay, sick pay, vacation pay, holiday pay and night shift and weekend differentials. Education incentive benefits shall be considered by the Town as regular compensation for pension and retirement purposes." Delete Article 4, Section C 3. Wages: a. July 1, 2010—0% b. July 1, 2011 —2 %2 % c. July 1, 2012—2 %2 % 4. Change due dates for all payments currently due on the first pay day in July and the first pay day in January to "by the end of the second full week in the month of July" and "by the end of the second full week in the month of January", respectively. 5. Forty (40) hour annual in-service training obligations will be met by employees on an on- line basis so as to eliminate overtime costs associated with such training. 6. Fifteen (15) minutes to be added to the beginning of each shift with no additional pay. It is understood that the addition of the fifteen (15) minutes will not affect the rate calculation for contractual overtime or other contractual benefits. 7. ARTICLE 10—ASSOCIATION CONVENTION Change "four (4)" to "three (3)". 8. ARTICLE 19, STEP 3 — GRIEVANCE PROCEDURE Insert the words "within thirty (30) days thereafter" after the word "may" in the first sentence of the second paragraph. 9. ARTICLE 29, SECTION C— SICK LEAVE BUYBACK All officers to be frozen at their sick leave buyback dollar amount calculated as of June 30, 2010, unless less than$4,000.00, in which case they will be capped at $4,000.00. Officers hired into the Department on or after July 1, 2010 to be capped at $4,000.00. 10. ARTICLE 30, SECTION B —BEREAVEMENT LEAVE Insert new sentence at end of section as follows: "Officers utilizing bereavement leave shall not be eligible to work overtime or details until the calendar day that follows the last shift for which bereavement leave was taken." 3 11. Officers hired on or after July 1, 2010 shall be required to wear Department issued vest at all times while on patrol. 12. Cell phone use policy as proposed by Town. 13. Civilians to assist Department with licensing work. This provision is intended to free bargaining unit members up to perform more traditional police functions and shall not be used as a means of eliminating bargaining unit positions. This does not replace the position of detective clerk. 14. All officers to be paid Quinn Bill/education incentive/longevity on weekly basis. 15. Details: Effective upon implementation of the CBA, increase detail rate to $40.00. Effective July 1, 2011, increase detail rate to $41.00. 16. Uniform allowance to be increased by $150.00 on 7/l/11 and $150.00 on 7/l/12. 17. Effective July 1, 2010, officers hired on or before July 1, 2010 shall be eligible to receive their 5`h week of vacation beginning with the I" day of their 17th year of service with the Department, instead of the 2 1"year. 18. Lateral hires—After three (3) years continuous employment with the Town, lateral hires will be credited with the number of years of service that they served in full-time police officer positions in other towns, but solely for the purpose of calculating the amount of their annual vacation leave allotment. 19. Longevity to be increased by $300.00 at all years of service levels on 7/l/10, by $300.00 on 7/1/11 and by $300.00 on 7/1/12. (As is presently the case, officers who are eligible to receive an education incentive payment are not eligible to receive a longevity payment or any increases thereto.) 20. To the extent that the amount of Quinn Bill reimbursement funds that the Town received from the Commonwealth in FY 2009 was less than what the Town paid to eligible employees for the relevant period, the Town agrees that it will not seek to recover any overpayments that were made to employees for said period. 21. Details: Effective upon implementation of the CBA, increase premium for hours worked over 8 hours from $5.00 to $10.00. 22. ARTICLE 14, SECTION G Effective upon implementation of the CBA, increase 80 hours to 84 hours and revise language throughout section to make it clear that the hour measurements are based on hours billed/paid as opposed to hours physically worked. 4 For the Town of Watertown For Watertown Police Association, Michael J. Driscoll, Town Manager Dated: Dated: 412282/31406/0028 5 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE TOWN OF WATERTOWN AND THE WATERTOWN POLICE ASSOCIATION JULY 19 2005 - JUNE 309 2008 ARTICLE 4. EDUCATIONAL INCENTIVE PLAN A. Employees, who have earned, or who after July 1, 1994, shall have earned an associate's degree in law enforcement or sixty(60) points earned towards a baccalaureate degree in law enforcement,a master's degree in law enforcement or a degree in law, from an institution of higher learning accredited by a recognized accreditation agency, shall receive education incentive base salary increases computed as a percentage of their annual salary (set forth in Article 3 of this Agreement),according to the following schedule: Academic DeereeslPoints Earned Percentage Amount Based on Annual Salary Associate Degree, or 60 points earned Five (5) percent toward a Baccalaureate Degree Baccalaureate Degree Ten(10)percent Master's Degree or Law Degree Twelve and One-Half(12.5)percent Points and degrees must be earned and credited in the manner specified by Chapter 835 of the Acts of 1970, as amended (M.G.L, c.41, Section 108L, as amended), but the Education Incentive Plan provided in this paragraph(a) is a non-statutory plan under the contract. The Personnel Department shall administer this Article. Payments hereunder shall be made quarterly, monthly, or weekly at the option of each employee and shall not be included in base pay for the purpose of computing overtime, court-time, sick pay, injured pay, holiday pay,vacation pay, but shall be considered by the Town as regular compensation for pension and retirement purposes. B. The Town having accepted the provisions of Chapter 835 of the Acts of 1970, as amended (Chapter 41, Section 108L, as amended, of the General Laws), effective September 1, 1988,the provisions of paragraph(A) of this Article are superseded, effective such date, and employees shall be entitled to education incentive base salary increases as in said Chapter 835 of the Acts of 1970, as amended, provided, and otherwise in accordance with said law, if there under eligible. "Payments hereunder shall be made quarterly, monthly or weekly at the option of each employee, and shall as of July 1, 2000 be included in the base pay for computing injured pay, sick pay, and vacation pay and, as of July 1, 2001 as part of the base pay for the purpose of calculating holiday pay, night shift and weekend differentials. Education incentive benefits shall be considered by the Town as regular compensation for pension and retirement purposes." C. If the provisions of paragraph (B)become inapplicable for any reason, then the provisions of paragraph (A) shall apply. If the State only partially funds or does not fund the "Quinn Bill," the payments under paragraph(B) shall be prorated accordingly(e.g. if the State reduces its reimbursement contribution from 50% of an employee's Quinn Bill entitlement to 25%,then the officer will receive only 75% of the educational stipend). A The parties agree that effective July 1,2000 education incentive benefits will be calculated as part of base wage for overtime purposes. The parties further agree that overtime benefits due bargaining unit members will be calculated pursuant to the provisions of 29 U.S.C. §207 (k) and 29C FR §553.201(a) as it pertains to law enforcement officers. ARTICLE 21. HOURS OF WORK AND OVERTIME A. Work Week Tours Of Duty The regular work week of employees shall consist of eight hour and fifteen minute (8 1/4 hour)work days. The tours of duty(work shifts) and hours of work of the day and the two (2) night platoons are as follows: Platoon 1 is the day platoon(day shift); its hours are from 7:45 A.M. to 4:00 P.M. Platoon 2 is a night platoon(first half shift); its hours are from 3:45 P.M.to 12:00 midnight. Platoon 3 is a night platoon(last half shift); its hours are from 11:45 P.M. to 8:00 A.M. Platoons 2 and 3 shall alternate between first half and last half tours of duty or work shifts, in accordance with present practice. The work day of employees shall be inclusive of roll calls and reliefs. There will be a straight first-half shift comprised of three(3)full-time officers. This shift will be a six (6)months bid by seniority based on service as a Watertown Police Officer, beginning every October 0 and April I". If fewer than three (3) officers bid for this shift,the Police Chief shall fill this shift bid with the least senior full-time officers. ARTICLE 29. SICK LEAVE A. Sick Leave. All employees hereunder shall be entitled to receive sick leave in accordance with the following procedure, subject,however,to the provisions of Sections B, C and D of this Article. 1. Sick Leave shall mean that period of time for which an employee is entitled to receive compensation while unable to perform his/her duties because of sickness or injury not related to said duties, or because of family illness as hereinafter provided. 2. When an employee finds it necessary to be absent from his/her duties because of sickness or injury not related to said duties or because of sickness or injury of a member of his/her immediate family(excluding non-dependent/guardian siblings and grandparents) not to exceed ten(10) sick days in each calendar year,he/she or his/her agent shall at once notify his/her superior officer or the Police Chief of such absence. No sick leave benefit shall accrue to an employee hereunder who fails to give such notice. 3. The Police Chief or the Town Manager may require the presentation of a doctor's certificate or report in writing, under oath, in connection with any claim for sick leave benefit and may,if it seems advisable, send to a doctor(designated and paid for by the Town) or other authorized person to investigate any such absence which necessitates the use of sick leave benefits. Any employee who refuses to submit to such a doctor's examination shall not be entitled to any sick leave benefits. If a pattern of sick leave abuse is documented by the Chief of Police and the employee has received written notice thereof, the employee can not utilize sick leave because of sickness or injury of a member of his/her immediate family for a twelve (12)month period without the approval of the Chief of Police or a doctor's report in writing. 4. The Police Chief shall and must require a medical certificate, relating to sick leave pay on forms furnished by him, stating the particular sickness of any employee who claims sick leave benefits or because of the particular sickness of a member of his/her immediate family,if the employee has been away from his/her duties for more than three (3) consecutive working days. Said certificate may be prepared by the employee's own doctor or his/her family member's doctor or a doctor sent by the Police Chief or the Town Manager. 5. The employee's failure to produce and file with the Police Chief an acceptable medical certificate as aforesaid will cause the omission of the employee's name from the payroll after the third consecutive work day of absence. If the claimed illness or disability is of a specialized nature or description, the Police Chief may require the medical certificate of a qualified specialist. 6. The Police Chief has the duty to determine, in the first instance, if the claimed absence is to be charged as sick leave or leave with loss of pay. This written determination may be changed at a later date by the Police Chief or the Town Manager if proper reasons are established to sustain said change. B. Sick Leave Visitation. Routine visitations to employees on sick leave are hereby terminated. The Town,however, reserves the right to visit employees having a chronic pattern of non-hospital sick leave;this right shall not be used to discriminate against employees. C. Sick Leave Buy Back. Whenever the employment of any person covered by this Agreement is terminated by retirement in accordance with the General Laws of the / Commonwealth of Massachusetts, or death, such employee shall receive twenty-five (25) `— percent of his/her unused accumulated sick leave in a lump-sum payment. Such buy- back shall be calculated on the daily rate of the base pay,which does not include any stipends, education incentive, longevity, etc. D. Sick Leave Limited Duty. An employee who is on long-term sick leave (i.e., 14 days or more), or what is anticipated to be long-term sick leave, will be eligible to participate in the limited duty program, subject to the provisions of this Article. 1. An employee must provide the Police Chief with a doctor's certification of his or her capacity to perform limited duty assignments. Further,the Police Chief may require that the employee be examined by a Town doctor. 2. An employee shall be fit to return to duty if capable of performing limited police duties on either a full time or less than full time basis, subject to the provisions herein contained: Limited duty tasks are the following: a. Teletype operation; b. General clerical work; C. Schooling(non-physical); d. Crime prevention(e.g. citizen advice and operation ID); e. Suicide prevention watch; f. Supervision(applicable to superior officers only); and g. Such other tasks as may be agreed on by the Chief of Police and the Association. The foregoing limited police duties shall be station in-house duties unless otherwise agreed by the Chief of Police and the Association. The Chief of Police will make reasonable efforts whenever possible to make assignments of limited duty to the same shift as the employee is currently assigned. Limited duty assignments, however, will not normally be made to the midnight shift except for employees currently assigned to that shift. The Chief of Police shall determine whether a position is available which the employee is capable of performing and may or may not assign him to fill the position providing that the Chief shall not unreasonably withhold limited duty assignments from employees who request them while on sick leave. Assignments to limited duty tasks may be changed at the discretion of the Chief, subject only to the provisions contained in this Article. 3. Limited duty assignments shall not involve prisoner processing. There will be no disciplinary action taken against an employee assigned to perform limited duty tasks who fails to respond to incidents which could result in re-injury or exacerbation of injury. 4. An employee who is regularly assigned to night duty and who is assigned to daytime limited duty, shall not remain on the day shift for more than three (3)months. Said employee shall continue to receive his/her night shift differential while assigned day shift. 5. Limited duty assignments will not be made to avoid seniority choices of employees in accordance with the provisions of Article 15 of this Agreement. 6. It is understood that assignments to limited duty tasks pursuant to the provision of this Article are temporary in nature and shall not extend beyond the period of disability for full duty. E. Sick Leave Donation. In the event that an employee exhaust his/her sick leave, individual employees may donate up to a maximum of two (2) sick days to such employee, with a total donation not to exceed sixty (60) days. If the employee needing the sick time exhausts the sixty(60) days, individual employees may then donate up to a maximum of two (2) additional sick days, with a total donation not to exceed (60) additional days. In no circumstances may an employee be grated more than one hundred and twenty (120) days of donated sick leave. The Association will be responsible for documenting all sick leave donations and submitting a summary of the donations to the Chief of Police identifying the employees making the donation and the number of days to be donated. ARTICLE 5. Transitional Career Awards Program Beginning with the 1st day of the 5th year of service thru the last day of the 9th year of service $ 400 Beginning with the I st day of the 10th year of service thru the last day of the 14th year of service $ 900 Beginning with the I st day of the 15th year of service thru the last day of the 19th year of service $ 1,300 Beginning with the 1st day of the 20th year of service thru the last day of the 24th year of service $2,300 Beginning with the 1st day of the 25th year of service thru the last day of the 29th year of service $3,000 Beginning with the I st day of the 30th year of service $3,300 Payments under the program shall be included in base pay for the same purpose and in the same manner as education incentive money is included in base pay. Those employees who qualify for payment under both the educational incentive plan and the longevity program shall receive the higher payment to which they are entitled, but not both.