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.
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• $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.