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Patrolmen
File No. 2965

The Lawrence Patrolmen's Association

Furlough (12 days):

July 1,2009 - June 30, 2010

Memorandum of Agreement
Duration: July 1, 2007 - June 30, 2010

Settlement Agreement:

Gr. Detail Pay, AAA#: 1-390-02226-06

Memorandum of Agreement
Duration: July 1, 2006 - June 30, 2007
\

Special Side Letter

Dated: February 18, 2005

Memorandum of Agreement
Duration: July 1,2003 - June 30, 2006

Contract!Agreement
Duration: July 1,2000 - June 30, 2003

MEMORANDUM OF AGREEMENT
!between the
LAWRENCE PATROLMEN'S ASSOCIA 'fION
ami the
CITY OF LAWRENCE
1.

Effective July 1, 2009, all members of the bargaining unit shall take

twelve (12) furlough days to be used between July 1, 2009 and June 30,2010. The terms
"furlough day" as used herein, shall mean a full tour of duty for which the employees, but
for the terms of this agreement, would be required to report for duty and receive pay
under the provisions of the 2007-2010 collective bargaining agreement between the
Lawrence Patrolmen's Association ("LPA") and the City of Lawrence ("City").
2.
\

All furlough days shall be used and the resulting savings from furloughs

implemented as follows. Each employee in the bargaining unit shall select, in seniority
order, all of the dates on which he or she shall be furloughed during Fiscal Year 2010,
subject to coordination with the department to ensure sufficient patrol staffing levels for
the respective shifts. The employee shall be relieved of any obligation to report to duty
and shall not report for duty on a furlough day. Nothing herein shall require an employee
to select furlough days so as to coincide with holidays or holiday pay periods.
3.

The City agrees to recoup the savings in pay derived from the employees'

sekction of furlough days as follows. For each furlough day selected by the employee,
the employee's weekly pay for one of the pay periods encompassing a holiday listed ill
Article IX Section I shall be reduced by one (I) day's pay calculated in accordance with
Article IX Section 2A. The twelfth furlough day shall be designated by the employee and
the employee's weekly pay for that pay period shall be reduced by one day.

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4.

The City shall pay back employees not separated from service prior to July

1,2015 for each furlough day as follows:

Pay Period

Number of Days

First pay period following July 1, 2014 in which a budget is adopted:

First pay period following July 1, 2015 in which a budget is adopted:
First pay period following July 1,2016 in which a budget is adopted:
First pay period following July 1, 2017 in which a budget is adopted:

5.

3 days
3 days
3 days

3 days

Employees separated fi'om service prior to July 1, 2015 shall be paid back

in a lump sum, in full, within thirty (30) days following separation at the base rate in
effect at the date of separation. Employees separated from service after July 1, 2015, but
)

prior to full repayment pursuant to the above schedule, shall be paid back in a lump sum
by whatever amount is necessary to effect full repayment within thirty (30) days
following separation from service at the base rate in effect on the date of separation.
Additionally, and notwithstanding any other clause in this agreement, the city agrees that
if the overall budget for the police department, including any and all revenue and funds
from whatever source derived, is increased in any fiscal year after fiscal year 2010 by an
amount exceeding two percent of the budget for fiscal year 2010, the amount of the
increase exceeding said two percent shall be dedicated to the repayment of furlough days
above but on an accelerated basis. The parties agree to meet within thirty days following
the adoption of any such increased budget to work out the details of the acceleration of
repayment called for herein.

6.

LPA agrees that the clothing allowance otherwise payable to members of

the bargaining unit in August 2009 pursllant to Article X of the collective bargaining
agreement shall be deferred, but repaid as follows:

August 2010
August 2011
August 2012

7.

add $400 to clothing allowance payment

add $400 to clothing allowance payment
add $400 to clothing allowance payment

In consideration of the foregoing, the City agrees that it shall not layoff

members of the LPA bargaining unit for the remaining life of the parties'

2007~2010

collective bargaining agreement or otherwise reduce the size of the LPA work force
below one hundred seven (107) officers, provided however, that if the City does not
receive the external funding for the LPA officers funded by the extemal sources

identified by the parties in their discussions leading up to this agreement, the City agrees
not to reduce the size of the LPA work force below one hundred two (102) officers.
8.

This agreement is subject to ratification by LPA's bargaining unit,

provided however, that LP A shall not have any obligation to present same for ratification
unless the City shall have secured the assent of the ranking officers' bargaining unit to a
substantially similar furlough and clothing allowance deferral program by June 19, 2009.
If the ranking officers' bargaining unit is offered a more favorable agreement or fails to
assent by June 19, 2009 to a substantially similar arrangement, any ratification of this
agreement by LPA's bargaining unit voluntarily secured by LPA prior to June 19,2009
shall be null and void and this agreement shall be of no force or effect.

9.

Disputes over the interpretation or application of this agreement shall be

resolved in accordance with the following modified, expedited arbitration procedure:

LP A shall furnish the City with prompt, written notice
that a dispute exists and a blief description of same. All
intermediate steps of the gIievance procedure are
otherwise waived.
If the dispute remains unresolved for ten (10) days'
following written notice to the City, LP A may file a
demand for arbitration with the American Arbitration
Association ("AAA"). The rules of AAA shall apply to
the proceeding except that the parties shall cooperate in
the selection of an arbitrator who can hear the dispute
within thirty (30) days (or such other mutually agreedupon time) and the filing ofwIitten briefs is waived unless
both parties agree to file briefs. The arbitrator's award
shalI be due within ten (l0) days following the close of
the hearing not to exceed one (l) day.

( )
For the City of Lawrence
Association
By its duly authorized agent

For

the

Lawrence

Patrolmen's

By its duly authorized agent

Date: _ _ _ _ _ _ _ _ _ _ , 2009 Date: _ _ _ _ _ _ _ _ _, 2009

F:\LP A\Con tractReO peni ng2 009\misc\memoofagreementema iled toandrcwsbowersj une 16-20D9. doc

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IV IEMORANDUM OF AGREEMENT
between the
CITY OF LAWRENCE
. and the

LAWF.ENCE PATROLMEN'S ASSOCIATION

The parties hereby .gree that the tenTIS oflhe 2006-2007 collective bargaining agreement'
between the City of Lawr"nce and the Lawrence PatrQlmen~s Association shall continue in full
force and effect except as Illodified herein:

1. '

Wages:

There shan be an' across the board wage increase for officers covered by this
.greement as follow.:
Effo;:cti.vc Ii 1/08
, Effective 6/ lO/08
Effective 1,1109
E.ffective 6/30/09
Effective lt1110

2.

1.5%
!.S%
1.5%

1.5%
3.5%

TASER Sthend:

The City "! ree. to pay each officer in the barga.ining unit a Jump sum' stipend of
$850.00 for training and c. Ttification in the use ofTASER equipment. The parties agiee that the
Department shall und"rfa.e training as: soon as possible bUI in any event such training and
certification for all offiee's shall be completed within 45 days after Ihis agreement becomes

, effective_
3.

Vacation At ,rual Cap:

Amend Art;1 ole VIII by adding new Sections 6 and 7,

of

, Officers abE ent from duties due to injuries sustained in' the line
duty sball
continue to ,I occ;ve annual vacation allowa~cc without BJJy proration in accordance
with Sectior 1 on each January I" pl'Ovided they return to duty within eighteen
months of t 1e first day of abs~ce attributable to said jnjurie.~_ Officers who
remain (lbsc: ,\ for more than eightn months due 10 injuries sustained in !he lille
of duty sha J be credited on J",,= 1" with the annual vacation allowance
ptorated to r !Oeet the remaining balance of the year in which the officer retll(lJS to
duty. Exan: pIc: An officer injured on January 2, 2008 who does not return to

?o /(!

actiVe duty Jnlil on or after July 3, 2009, shall be credited on January 1,2010 ~ith
50% of the annual vac~tion entitlement for the year January 1,2009 to December
31. 2010 Qlbcrwise payable under Section 1. An tbe time spent on injury leave
shall be CO~ nted as years of service for purposes of computing vacation bencfits_ - .

0-

Section 7
The pmies agree thaI if the City grants vacation benefits to any .other police
department bargaining unit that are more favorable tbal.those provided for under
terms 0 . this agreement, such enhanced vacation benefits shall immediate! y be
. made effeciye as to .Ihe members of ..LPA's bargaining unit witbout further
bargaining.

the

4. .

Compensa- ion Days:

Article XI:, Section 2 shall be amended by .inserting after Subsection Blhc

following;

c.

Ear h. member of ihe bargaining unit who does not use a sick day

during a r lUing six (6) month period .hat! be awarded one (I.) compensation
day on tb" first day of the following month except that officers in the patrol
division, hall receive one day's pay in lieu of a compensatory day. All
members of the bargaining unit shall notify the department of 1heir
applicatio I for tbe compensatory day (or pay in lieu tbereof for officers in
the patrol dtvision). Compensatory days, where awarded under this clause,
shall be '!Sed Within shoty (60) days from the dale that the request for
compcns.a cory pay is approved by the deparb:nco.t.

5.

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Training;
Article VI shall be a.mended by adding the following section:
Section .~. Training PolicY., The employer's training policy shall be
.incorpora1~d into this COl)tr;!Ct by reference with overtime for .11 training not
sch~duled

6.

within aD officer's regular tour of d.uty.

Meal AIlo' 'ances:

Article XI r, Sectfon 6 shall be amended. by deleting ihe ll!l'Jguage following

"work shift" and inserting the following:
.

Breakfast
Lunch
Dinner

$ 6.00
$10.00
$12.00

-.
7.

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Clothing Allowance:

Article X, Section I shall be amended in the first sentence by deleting "one

thousand. one hundred do .Jars ($ i,J 00.00)" and inserting the following:
.
. "one thou!lnd, two hundred dollars ($1,200.00) effective July I, 2007.
Officers Shl.l1 be responsible for replacing shirts and tr~users."
. Criticallnt idents:

8.

The contra ,I shall b'e amended by adding !,he following article:

Article XXII
Cri.tical/neident.
No officer coveret. by this agreement and directly involved as a participant in a critical
.incident shall be 0 dered to submit to an interview or generate any report follov.(ing the
occurrence of a en :ieal incident until fot1y'<'ighl.(48) hours lJa.ve elapsed and no officer
shall be ordered 0: required to respond to questions or .inquiries dUling the forty-eight
(48) hour decom ,ressian period. Notwithstanding the' preceding sentence,. the
participant officer shall consult ~ith an L'P A designated steward whose role will be to
tran.srnil il\fonnati, m to the City 10 enable it to ascertain what has occurred and to take
. such action as it n ta.y deem necessary. For pwposes of this aniele, the terms "critical
in.c;d".nt" shall me '" aoy on-duty incident involYing dca\:h Or serious bod!Jy i.uury 10 a
police officer or =ivilian or any other incident .involving ~iscJiarge of a .fireann.
"Directly inv(llve I as a par!icipwt" shall mean ""y officer responsible for (I)
inflicting thc f(lrci , or discharging a weapon, that caused the death or ~edous bodily
injury to a civilian or poUce officer, or (2) the discbarge of his or her firearm.

9.

Bereavemt nt Leave:
XU,. Secti( 11 6 sball be amended by insecling afterthe word "uncle," and before
'

the word Hor" the foUowi: I g : '

the

"In
event of a d.eath of the officer's niece or nephew, \:he officer. shall be granted
two (2) working d: .ys off without Joss of pay."

10.

. Outside DI.tails:
.

Article XY, Section 5 $halJ be amended by inserting language into ArtiCle XV,
Section 5 from paragrapfn o~e (I) and two (2) of Detail Pay Arbitration Settlement iii American'
Arbitration ASSoCiation C -se No. 11390-02226-06 (Gr. Detail Pay - 279 Park Street).

The detail rates appearing in Article XV, Section I'sball be amended as foIlows.
.

effec:tive upon the !xccution 'ofthis agreernen~:

Road Det. Is:

$40.50

SatuIday/E unday Details:S4S.50

Holiday D ,tails:

11.

. $50.00

Personnel 'iles;
lbe conlr<ot sh~1I be .me~dcd by adding the f'1l1owi~g article:.

ArtideXXIII
Officer Personnel Files
All officer person lei files shaII be maintained under the following circumstances:

l.

No m ;terial derogatory to aJ) offiCer'. conduct, service, character, o~

perso:tality sball be placed in the mes unless the officer has had an
0ppoJ :unity to read the material. The officer shall ackri.owledge thai be.
or sh( bas read such material by affixing his/he~ signature on thc'aciual
copy :0 be ,filed, with the understand'n,g that such signature merely
signif es that he or she has read tbe material to be filed. Such
signal are does not necessarily indicate a&feement with its content.

2,

The c meer shall have the right to answer, any material filed and 'his or
her ru Ewer shall ,be reviewed by the Personnel Manager and attached
to the file copy.

3.

Upon requ~st by the offi'cer, lbe officer shall be given access to his or
',
her fi' e without delay,

4.

Upon receipt o( a written request, the officer shall be fllIl1ished a

repro,luction of any material ,in bi.s llIe.,

12.

Duration:
Article Xi:r shall be deleted and replaced wit!t the following arncle:
Artid~XXI

Duration
The dwation of t),is contract shall be from July i, 2007 to June 30, 2010 and thereafter
until a supplemen' <II)' or new agreement is negotiated and work shall be continued without
cessation until sue ~ supplementary or. new agreemeot j,s consummated.

13.

Settlement of Litigation:

. . The partie; agree to execute a side letter of agreement in res()Iution of their

differences over the inte pretatlon and implemeplation of Arbitrator Joseph. Daly's. Award in .
:LPA and City of Lawrercc, American Arbitration Association Case No. 11390-0188305 (Gr.
Base Pay differentia[s). The side agreement shall call for LPA to waive enfo.rc~mcnt of the
arbitrator's. award tetro Lctively and. for the City to administer Article XII!, Socti.on I
piuspcciively (i.e. effedve with this agreement) ill accordance with tbe Union's 'stated'
. interpretation:
For the CitY of LaWrence'
Byibduly

tho z.

~~

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Settlement AgreemePt
between the
City of Lawrence.
and the
Lawrence Patrolmen's Association

American Arbitration Association

Case #13900222606
(Gr. Detail Pay - 279 Park Street)
The City of Lav Tence (hereinafter, "the City") and the Lawrence Patrolmen's
. Association

(hereinaf~er, "the Uniori" or "LPN') hereby agree to resolve tne above.captioned.: .

arbitration as follows:

work

1.
In all cases ",he I e the City assigns members of the bargaining unit to
a paid
detail, the City agrees :hat it shall be responSible for timely payment to the officer(,) so
assigned notwlthstandin,: anything to the contrary appearing in Article XV, Section J of the
2003-2006 collective ba gaining agreement. For purposes of this.clause, payment shan be
deemed timely if made within thirty (30) calendar days of the date such detail waS worked
subject, however, to til< officer's turning in a properly completed detailvoucher within fortyeight (48) hours (exclu.i'e of Saturdays, Sundays and holidaY5) after completion of the dE!talL

2:
In all other cases involving paid details worked by members of the bargai"ning unit, the
City agrees that It shall ~romptly. notify LPA in writing whenever a private contractor, vendor
Oi other entity to whon detail services were provided shall have failed to remit payment to
the City Withln thirty r 0) days. Such notk" ,hall j"dude, without limrtation, the foHowing
information:

a_ Ihe name, a,ldress artd telephone

detail was wo ked;
(

~LUl'lber

of the contractor far whom the

b. The date of tl e d.etail(s) and the number of hours WOrked; anti

c. The contract or'. contact p"rson and the City's efforts to enforce the
contractor's I ayment obligation.

to

3.
The parties agre l! to issue a joint communique
all ml"mbers of the bariain!ng unit
reminding officers of t! ,e importance, in appropriate ca."s, of. obtaining a check or money
order for payment of tI detail upon reparting to the detail site and of turning in a properly
completed detail VOllCh-" wi.thin fortyeight hours folloWing completion of the aetail. .

. 4.
The City agrees' () p~y on a l'Iorrprecedent setting' basis any offiCer who remains ui"lpfiid
.for the dl"tail hours ref.ected on Attachment "A" hereto. Tni' payment shail represent a full
and final resolution of all (}ut5t;md;n~ claims by lPA members illlainst troe City for unpaid

details.
For the City of Lawrence
By its duly authorize agent,

~tthew
D~te:

E. Dwver

April 19 ~ 2007

~2()--

to ...

?c~tw4~d! ",1
."/1,; ",,- t1

l\'lEMORANDUM OF AGREEM.ENT
between the
CITY OF LAWRENCE
and the
LA WI !ENCE PATROLMEN'S ASSOCIATION

The parties hereby agree thilt Ibe terms oflbe 2003-2006 c~llective h';"gaining agreement
between the City of Lawt O[lce

and the Lawrence Patrolmen's Association ..hall co~tinue in full

force and effect except as :D.odified herein:

I.

Wages;

There ~halt be an across the board wage .increase for officers covered by this
agreement as follows:
. Effecllve ( 130/07

( ).

2.

1.5%

Duration:

Article :10.1 ~h.urbe deleted and replaced with the following article:

Article XXI
Duration
The dwation of tl &s contract shall be from July 1,2006 1:0 June 30, 2007 ~d thereafter
until B.suppJemen: ary or new agreement .i' negotiated and work shall be continued witbout
cessation wti! Su( b supplementary or new agreement is consummated.

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-.'
For the Lawrence Patffilmen's AssOciation
By the me ers fits . otiating'T=:

( )

..:.-: ... :-.-_ ..-:

CITY OF LAWRENCE
OFFICE OF THE CITY ATTORNEY

CHARLES D. BODDY, JR.

TELEPHONE

City Attorney

(978) 794-5800

PETER T. SLIPP
JAMES M. BOWERS
ANNE L. RANDAZZO

(978) 794-5799

FACSIMILE

Assistant City Attorneys

SUITE 306, CITY HALL

200 COMMON STREET
LAWRENCE, MASSACHUSETTS 01840

INTEROFFICE MEMORANDUM

TO:

MICHAEL]. SULLIVAN, MAYOR

FROM:

JIM BOWERS, ASST. CITY ATTORNEY

SUBJECT:

"SPECIAL POLICE OFFICER" SIDE LETTER AGREEMENT

DATE:

FEBRUARY 18, 2005

1~

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t0J:.Mayo~::

Please find enclosed the Side Letter Agreement, signed by both the
t'!il!;'!iiJ~~~;J?atJ:i>ii1i."~~i~~s,,'9.cl~lJi.~and
the Lawrence Superior Officers' Association .
.' ..:.- . ___
""",,0;'.';',,-,- -. - ,---~-,",>~.;,_,,,,:_;_;,e_',d'('t.i0. Y_,d':;~:

The Side Letter Agreement allow you, as Mayor, to appoint "Special Police Officers",
pursuant to Mass. Gen. Law c. 41, sec. 99, for the purpose of allowing retired Lawrence
Police Officers the ability to work traffic duty and road details within the City of Lawrence.
This matter was discussed between the City and the unions approximately 18 months
ago, but is only now being brought to closure. In addition to the Side Letter Agreement, I
am attaching both tbe General Duties and Responsibilities sheet that I had prepared, that
outlines the type of work that the retired officers would be allowed to perform, and provides
a sign-off sheet for any "special police officer" appointed.
The retired officers would be called to do a road detail only if there were no active
Lawrence Police Officers available to fill the detail (typically, if this is the case, the work
would go to the State Police or Sheriffs Department). Similar agreements are in place in
local municipalities (Andover and Methuen, for example). The benefits are two-fold: (1) it
allows the City to retain the 10% fee for the detail, and (2) allows retired police officers
additional income to supplement their pensions.
Whereas it has been sometime since we discussed this matter, I am available to sit down
and discuss the matter with you at your request.

SIDE LETTER OF AGREEMENT

BETWEEN
THE PATROLMEN'S ASSOCIATION
AND
THE LAWRENCE SUPERIOR OFFICERS ASSOCIATION
AND
THE CITY OF LAWRENCE, MA 01840

The purpose of this side Letter of Agreement is to finalize an agreement reached

between the parties regarding extra paid details.
As a result thereof, the parties agree, by this Side Letter, to amend their respective
collective bargaining agreements as follows:
Article XV. Section 2 (Detail Preference). of both the Lawrence Patrolmen's
Association and the Lawrence Police Superior Officers Association, is amended, by
striking the existing language in each section, and replacing it therein with the following:

"Paid detail assignments shall be offered to the following groups, in the order
in which they appear:

()

(1) permanent full-time patrolmen and Sergeants;

Officers Association
(2) all other members of the Lawrence Superior
,
(3) permanent officers of the Lawrence Police Department who have
been laid off due to a decrease in the workforce and/or budgetary
constraints; and
(4) retired police officers.

Details shall be shared as equally as practical among those officers

within each respective group. Retired police officers will be
considered "Special Police Officers", pursuant to M.G.L. c. 41, sec. 99,
and shall be subject to the provisions of M.G.L. c. 32, sec. 91 (which
limits individuals receiving a pension or retirement allowance from
the state county, municipality, district, or authority, to 960 hours of
worl., in the aggregate, in any calendar year, for the state, county,
municipality, district, or authority). Additionally, said Special Police
Officer shall not be entitled to any M.G.L. c. 41, sec 111F benefits,
should he or she become incapacitated as a result of injury while on
duty.

Any retired police officer may apply to become a Special Police Officer by first
making application to the Union/Association in which that officer was a member just prior
to his or her retirement, for sponsorship to the Chief of Police and/or Mayor for
appointment as a Special Police Officer. The appointment will be subject to review on an
annual basis, or upon just cause, as determined by the Union/Association. The Mayor
and/ or Chief of Police shall be the final authority in the appointment/removal of Special
Police Officers for the City of Lawrence. i'illy retired police officer who retired as a Superior
Officer for the City of Lawrence will have no special standing due to his/her designation as
a superior officer prior to his /her retirement.
The "Summary/General Duties and Responsibilites/Special Requirements" of the
Special Police Officer is attached and is incorporated herein. It is understood that any
retired police officer seeking to become a Special Police Officer shall be given a copy of the
attached form, and must sign said form prior to his/her acceptance as a Special Police
Officer.
Nothing in this side letter is intended to alter the stipulated arbitration award
rendered by L<\rbitrator Paul Dorr dated October 7, 1982."

IN WITNESS THEREOF, the parries have hereunto set their hands and seal
this
day of
, 200$,.

()

LAWRENCE PATROLlVIEN'S
ASSOCIATION

by

LAWRENCE SUPERIOR
OFFICERS ASSOCIATION

~
President

by

CITY OF LAWRENCE

by
lVlichael]. Sullivan
Mavor

"SPECIAL POLICE OFFICER"

SUMMARY

A "Special Police Officer" shall be a retired Lawrence Police Officer or Superior Officer,
who will be "called in" to perform traffic duty at road details only, when there is no
regular officer available to work.

GENERAL DUTIES AND RESPONSIBILITIES

It is tlte duty and responsibility of a "Special Police Officer" to:

Maintain a present CPT and First Aid Certification through the Lawrence Police

( )

Department.
Maintain through the Lawrence Police Department, firearm and pepper spray
certification.
On a yearly basis, provide a certificate from his physician that he or she is in good
health to perform the duties of a "Special Police Officer".
Adhere to the Lawrence Police Department rules, regulations, policies and
procedures.
Be in full I>~partment Uniform, wearing a traffic vest or traffic belt when
performing all traffic duties.
When called in for duty, the Special Police Officer must carry with him a firearm,
which has been approved by the Lawrence Police Department Armorer, and for
which the Special Police Officer has been qualified. The Special Police Officer
shall be allowed to use a department portable radio that he or she will sign in and
out for with the Commanding Officer on duty, if said radio is available for use by
the Special Police Officer.
Maintain a current driver's license and a Massachusetts license to carry firearms.
Purchase and wear a silver standard Massachusetts Police Badge with the
Commonwealth Seal and the title "Special" engraved. (NO RANK)
At no time during their appointment as a "Special Police Officer" have control,
take control or be granted control of any road detail. Nor shall a "Special Police
Officer" be assigned to any outside details other than "road details".
On a yearly basis, along wi th firearm and pepper spray certification, shall be
given an update on criminal laws and motor vehicle laws by the Lawrence Police
Department Training Officer. Shall meet or exceed the training requirements
mandated by the Massachusetts Criminal Justice Training Council and the
Massachusetts Police Accreditation program.

Any costs associated with obtaining or maintaining the required certifications or

attending necessary trainings will be the responsibility of the Special Police Officer.

.,

()

SPECIAL REQUIREMENTS

Must be a retired Lawrence Police Officer or Superior Officer.

Must have been academy trained.
Did not retire on any type of disability.

Retired police officers will be considered "Special Police Officers", pursuant to

M.G.L. c. 41, sec. 99, and shall be subject to the provisions of M.G.L. c. 32, sec. 91
(which limits individuals receiving a pension or retirement allowance from the state
county, municipality, district, or authority, to 960 hours of work, in the aggregate,
in any calendar year, for the state county, municipality, district, or authority).
Additionally, said Special Police Officer shall not be entitled to any M.G.L. c. 41, sec
ll1F benefits, should he or she become incapacitated as a result of injury while on
duty.

I,
, have read and fully understand the
above, and, having done so, seek to be accepted for appointment as a Special Police
Officer for the City of Lawrence.

(Retired)

41 98F

OFFICERS AND

Historical and Statutory Notes

8t.1980. c. 142, was approved May 9,1980.
SI.199[, c. 125, approved July 9, [99[, in the
first sentence, inserted "and each college or
university to which officers have been appointed
pursuant to the provisions of section ten G of
chapter one hundred and forty-seven".
8t.1992, c. 286, 122, an emergency act,
approved Dec. 23, [992, and by 279 made

effective as of July 1, 1992, in the first

substituted "sixty-three of chapter
e" for "ten G of chapter one hundred
seven".
8t.1994, c. 353, I, approved Jan, 13,
in the second sentence, added the proviso.

Library References
. Records ~3.
Westlaw Topic No. 326.
C.J.S. Records 4.

Research References
Treatises and Practice Aids
18A Mass. Prac. Series 848, Police Reports.
39 Mass. Prac. Series 1166, Exemption CPersonnel And Medical Files Or Informa-

98G.

tion And Unwarranted Invasions Of

al Privacy Exemption.
42 Mass. Prac. Series 6.6, Police

Domestic abuse; police reports

" Any city, town or district police department which requires an Ive:stigl
police officer to make a report concerning an incident, offense
offense investigated, or any,arrest made, on a form provided by the denartri
shall include on said form a space tn indicate whether said incident,
alleged, .offense or arrest involved abuse as defined in section one of
.
hundred and nine A . '
Added by St.1987, c. 93, 2,
iJ'

'';'.

: , ,"'" . " ,
: .': Sti987, .~. 93.'

,.: " "Historicai ~rtd Statutory Noles

2~."~~ ~p~roved' May 29,
. . . .

1987, alid',i by 3.made

effective.lan. 1, 1988,
.,...
;

"

,'," ...1\',:d .... ,

. .

.;

, 99., Requisition of police officers by other towns

:

",''"";i''< .~"";:.'.'I;'

'.f.(:;-'q~.';

i):L':,...h'.l';:.. l';~"

.1'"

.;:"~~ .'

' . .,

1 t"I"

' .

. ,

,:",,,

., ...theinayor" . sei~ctmeri,.;chieof po1i~e" or person however de'51gnalted,l

the duties of a chief qf pplic~: ,or, in the absence of the chief of pOlice,
however,desigmitio'd::\haVing,"the, duties of a cWeLof police,'
corQjli,i
.officer, may ujJon':thetequest bfithe'inayor, selectmen, cWef of pOllcle,.
.' however designated having:thi(dutles of a chief of police, or
"the chief of police or person hpwever designated having the u~".,;~;~;iii~1
police, the' commanding officer of any other, city or town,
. officers, who shall have. the' authority of constables arid police oltice:rs),
,the limits of such city or town, except as to the service of civil nrn~'ess
while exercising such authority within such limits, shall have the same
ties and privileges as when acting witWn their respective cities and
the city or town praviding said .officers shall be entitled ta re(:eh'e
city .or town the amaunt paid ta them far their service,
necessary traveling expenses.
Amended by St.1932, c. 124; St.1951, c. 214; SI.1958, c. 53; SI.1965, c. 382.
368

41 99A
Historical and Statutory Notes
11.

R.L.1902, c. 26, 20.

SI.1920, c. 591, 13.

Library References
C.J.S. Municipal Corporations 486 to 487,

493, 495 to 496.

C.J.S. Towns 120 to 125.

Research References
18A Mass. Prac. Series 845, Powers And
Duties.
30 Mass. Prac. Series 99, Authority To Ar~

?\'w;;;:;;';t:E;;ir;;t;;riltiri~i Arrest.
Arrest Without
~I

Prac.
52.66, Self DefenseBy A Private Person.
Mass. Prac. Series 52.80, Constitution~'
Defenses-Arrest.
Mass. Prac. Series 842, Police Person-

rest Without A Warrantrrivate Person-Misdemeanors.

.
30 Mass. Prac. Serres 100, Limitations On
Power. or Arrest Without A Warrant As To
Places .

. Notes of Decisions
1

on"inlctl.on arid application'

c~nStruction of statute' g~ve~ing' 'r~~:

of special. police officers
preclude
:itj"n}ng of officers from out' of. state, in

to'

r~;:~;~~[r.~;:~~:;~i' authorizatioQtherefor, was

at issue was administra-:

.f!

'criminal: Com. v. Callahan

328, 428 Mass. 335 .. Arrest

".,.;.

who was sworn in as special

in neighboring town pursuant to
aU'thodzing reqUisition of police officers
towns,
right to stop motorist in
'irl~~(;~~(~t;o~wn: on suspicion of drunk driving
~(
in both the investigation and

mc,tOIist.

Com. v. Nicholson (2002) "

702, ,56 Mass.App.Ct. 921, review

N.E.2d 1084, 438 Mass. 1108. Au-

e=o 349(12)

The prior swearing in of. special officers,

alone, satisfies the requirements of statute authorizing towns to confer police powers on officers from other jurisdictions .. Com. v. Nicholson, (2002) 719 .N.E.2d .702, 56 Mass.App.Ct",
921, review. denied 782 N,E.2d 1084, 438 Mass;'
1108 .. Towns e=o 15
... '.
": :. ~
Statute governing' re'dritit~-ent of special pci~
lice officers -permitted town to requisition, officer from out of state and to give him authority
to stop motor. vehicles within state .for.criminal '
Dr. civil infractions, as separate. statute' atithori~:,"" .
ing arrests by'out~of-stat~ police in fresh pursuit.
of suspected felons: was 'not sole source of out;.'
of-state pffic~r's- authority to arrest. COQ1. v . ..
'Callahan (1998) 701 N.E.2d 328, 428 Mass .. 335.
Arrest ~ 63.2 "!'/'!
City police .officer who, was special' poiic~_'
officer in neighboring tow'n had the same authority as the police officer of the town to make
an investigative,stop. Corn. v. Andrews-(1993)
611 N.E.2d 252, 34 Mass.App.Ct. 324, review,
denied 616 N.E.2d 469, 415 Mass. 1104. Arrest
e=o 63.2
. ".

Members of regular police or fire department and fire alarm division; residence outside dty or town
,J.' .
member of the regular police or fire department and fire alarm divisiOn
a city or town appointed subsequent to August first, nineteen hundred.' and
se1Ierlty-ei,ght shall reside within fifteen miles of the limits of said city or town.
distarlce shall be measured from the closest border limits of said city or
in which said member is employed to the .closest border limits of the city
town in which said member lives; provided however, if any said city or town
369

, ,.

_,

To:

I'

Alan Andrews, President, Lawrence Patrolmen's Association

Scott McNamara, President, Lawreoce Superior Ofli= Asoocia1ion

CC:

Chief John J. Romero

From: James Bowers, Assistant City Attorney

Date: June 11,2003
Re:

Special Police Officers

************************************************************************
th

I am enclosing a draft "Side Agreement", in follow-up to our meeting on May 16

regarding retired officers and their assignment to road details.

I believe I have incorporated the majority of items that we discussed into the agreement
and its attached summary of duties. Certain changes were made, after discussions with
the Chief, following our meeting. Specifically, language that has been included, which
varies from, or is in addition to, the language that we discussed at the meeting,
specifically (I) language which will require the retired officer to supply his own firearm,
and (2) language that makes it clear that the retired officer will be responsible for all costs
associated with any. necessary certifications or trainings.

Additionally, after reviewing the applicable statute, I think that it is best that the retired
officer acquire a badge with the terms "Special Police Officer" on it, to be consistent with
MGL c. 41, sec. 99, so that there is no confusion as to hislher authority. I know that we
had discussed allowing the officer to use hislher "retired" badge, but upon rethinking, I
no longer think that it is a good idea, given the relatively moderate cost involved.
Please feel free to contact me with any questions as to the language, or proposed changes
you may have. Perhaps we can get this in place for the begimring of July.

Attachment

C)
AGREEMENT
between
CITY OF LAWRENCE
and

THE LAWRENCE PATROLMEN'S ASSOCIATION

Effective: July 1, 2000

(

Expiring: June 30, 2003

'
,

(~)
\,---

ARTICLE

TITLE

Recognition and Union Security

II

Management Rights

III

Retention of Civil Service Rights

IV

Duties

Hours of Work

VI

Oveltime Pay

VII

Court Time

VIII

Vacation

IX

Holidays

10

Clothing and Cleaning Allowance

11

XI

Residence

12

XII

Sick Leave, Injuries, Special Leave and Death Leave

12

XIII

Compensation

14

XlV

Group Insurance Coverage

17

XV

Outside Details

18

XVI

Grievance Procedure

19

XVII

Union Business

20

XVIII

Payroll Deduction of Union Dues and Agency Service Fee

21

XIX

Miscellaneous

21

XX

Drug Testing

22

XXI

Duration

22

Drug Testing Policy

PAGE

Alt. A

Pursuant to Chapter 1078 of the Acts of 1973, the City of Lawrence ("the City") and the (
I,

Lawrence Patrolmen's Association ("the Union"), both intending to maintain a harmonious

relationship between them, recognizing the legitimate rights and needs of the employees of the
Police Department, as well as the obligation of the City to protect the safety of the public, hereby
agree as follows:
ARTICLE I
Recognition and Union Security
Section 1.

Recognition. The City recognizes the Lawrence Patrolmen's Association as

the sole and exclusive bargaining agent for all the City's officers, including Reserve officers.
Section 2.

Union Activity Protected. The City agrees not to discharge or discriminate in

any way against any employee covered by this Agreement because of Union membership or

activities.
Section 3.

A.

Time off for Union Business.

All employees covered by this Agreement, who are officers of the Lawrence

Patrolmen's Association or who are appointed by the Union as members of said Union Collective
Bargaining Negotiation Team [not to exceed four (4)], shall be allowed time off for official Union
Business, negotiations or conferences with the City administration, and the Chief of the
Department, without loss of pay or benefits and without the requirements to make up said loss of
time, provided, however, in no event will this Section be implemented if replacements are required
on an overtime basis.
B.

Effective February 24, 1987, the following provisions will apply in lieu of the

preceding paragraph A:

:.....'

"

()

...

1)

100 tours of duty per fiscal year will be established as a bank for time off for Union
(.'1

"

business. In 1987, the bank will be 35 days for the period February 24, 1987 through June 30,
1987. Tours in excess of the bank will not be reimbursed and unused bank tours will not be calTied
forward to the next year. The minimum draw for any function shall be one tour.
2)

3)

Five elected Union officials will be eligible to draw against the bank:
a.

President;

b.

Secretary/Treasurer/Steward; and

c.

three additional Stewards.

"Union Business" is defined as grievance investigations, contract negotiations,

grievance meetings, arbitration hearings, labor board hearings, preparation for contract negotiations,
and civil service hearings as a witness, including disciplinary cases.
\,/

4)

In order to be eligible to draw against the bank, an eligible Union official must give

reasonable notice to the superior officer in charge of his/her intent to devote an off-duty tour to one
of the functions listed in the preceding paragraph. The superior officer in charge will keep track of
the draw by logging the tour as a charge against the bank and by crediting the employee with a
compensatory tour. Such tours shall not be compensated but may be used by the employee at, on
reasonable notice to the superior officer in charge, so long as a replacement is not required on an
overtime basis. Tours not used by the end of the fiscal year may be carried over for not more than
six months.
5)

This Section B shall, neither enlarge nor diminish the obligation of the City to grant

compensatory time off for time accrued prior to February 24,1987.

Section 4.

No Individual Agreements. The employer agrees that it will not enter into

any individual or collective agreement with any employee covered by this Agreement.

()

Section 5.

When the following titles appear and are used in this Agreement,
, they shall

mean:
1.

City - City of Lawrence;

2.

Mayor - Mayor of Lawrence;

3.

Chief - Chief of Police oftlle City of Lawrence; and

4.

Officers and working Reserves (excluding captains, lieutenants and sergeants).

Section 6.

Not more than once a month, upon presentation of an agenda of professional

job-related issues by the Union to the Chief, or by the Chief to tlle Union, tlle Chief or his/her
designee(s) shall meet promptly, normally within ten (10) working days, with not more than two (2)
Union representatives for the purpose of addressing the issues presented.
ARTICLE II
Management Rights

( )
Section 1.

This Agreement has not been designed to violate any Federal or State laws,

nor shall anything in tile Agreement be interpreted as diminishing tile rights of tile City to determine
and prescribe the metilods and means by which its operation of tile Police Department shall be
conducted, including the right to issue from time to time reasonable rules and regulations, except as
may be provided by tilis Agreement.
Section 2.

All job benefits heretofore enjoyed by the employees will continue under the

conditions upon which they had previously been granted. This Agreement shall not be construed to
deprive employees of any benefits or protections granted by the laws of the Conunonwealth of
Massachusetts.
Section 3.

There shall be no strikes during the life of this Agreement.

Section 4. '.(' Except as may be required by law, the City agrees to continue in effect the
I.
provisions contained in this Agreement. With respect to matters not covered by this Agreement
which constitute mandatory subjects of collective bargaining, the City agrees to make no changes
without prior consultation and negotiation with the Union.
Section 5,

The parties agree that Tim Bornstein will be the permanent arbitrator for all

disputes arising under Article II.

, ARTICLE III
Retention of Civil Service Rights
The members of the Police Department covered by tills Agreement shall continue to enjoy
their Civil Service Rights as provided in Chapter 31 of the Massachusetts General Laws.
ARTICLE IV

Duties

The duties of the officers of the Police Department shall consist of protection of persons and
property, prevention of crime, apprehension and prosecution of criminals, traffic control, and to
follow all orders pertaining to work performed by officers, and officers of higher rank, However,
officers shall not be assigned to non-Police duties such as cleaning, sweeping, snow removal,
wasillng cruisers and other maintenance work, unless the officer and the Union agree, except in case
of emergency and an emergency may only be called by tile Mayor or Chief.
ARTICLE V
Hours of Work
Section 1.

The work cycle in the Lawrence Police Department shall be the 4-2 system

which provides that an officer shall work four (4) days in a row, shall be off two (2) days, and shall
then resume his/her work cycle.

~'

....

Employees on special assignments who work other than a rotati9n of four (4) days on and
;,1

I,

two (2) days off shall average the same number of total days offper year,
Platoon No, I - 1:00 a,m, to 9:00 a.m,
Platoon No, 2 - 9:00 a.m, to 5:00 p,m,
Platoon No, 3 - 5:00 p.m, to 1:00 a.m.

Section 2,

Hours of Work

Section 2a,

DifferentiaL Officers assigned to work on Platoon No, 1 and Platoon No.3,

shall be paid a differential of eight percent (8%) over and above their base pay effective July I,
2000; nine percent (9%) over and above their base pay effcctive July 1,2001; and ten pet'cent (10%)
over and above their base pay effective July 1, 2002, The term "base pay" for the purpose of the
night differential shall mean the salary schedule established in Article XIII, Section 1, and in
addition, shall include the career incentive benefit. The definition of the term "base pay", herein,
shall be applicable only to the calculation of the night differential, and shall not apply to anything

else, Officers not eligible for differential pay shall receive the equivalent dollar amount of the 1%
differential increase effective July 1,2000; the 1% differential increase effective July 1,2001; and
the 1% differential increase effective July 1,2002.
Section 3.

Shift Selection. Officers have the opportw1ity to select and be assigned to a

Platoon in order of seniority within the rank. This procedure shall be repeated by December 15'\
and the resulting assignments shall be effective not later than January 1st.
Vacancies or openings which occur in a Platoon, during the year shall be filled by the senior
Officer in rank who requests the same in writing. A notice of the vacancy or opening shall be
posted in a conspicuous place in the Department for at least ten (IO) days, during which time bids
may be submitted. Officers who are on vacation or otherwise absent shall also be notified of the
vacancy by the Platoon Commander or officer in charge,

()

lAssignments within the Platoon shall be made by the City. No officer shall be transferred to
another Platoon except in accordance with the foregoing procedures.
The foregoing provisions shall not be applicable to the Detective Division or other special
assignments.
Newly appointed officers will be assigned to any shift on an as needed basis by the chief
executive officer of the Department for training purposes for a period of one (1) year, and will not
be eligible to select or bid in accordance with this section during that period; provided, that this
provision shall not be construed to permit the City to assign newly appointed Officers to different
shift schedules within the same work week.
Section 4.

Definition of Seniority. Seniority is defined as length of service within the

rank. In case of a tie, the earlier date of appointment to the next lower rank or (in the case of patrol

officers) the date of reserve appointment shall prevail. In case of a tie, the earlier date of birth shall
prevail.
Section 5.

In the event of a change of service by transfer of an officer, with his/her

consent, to Lawrence from another municipality, the time served in said other municipality shall
not, in any event, be included as part of the computation of seniority under this contract, specifically
intending to supersede M.G.L. c. 31, 33 to the extent permissible by law.
Section 6.

The regular work week shall start on Sunday at 12:01 a.m.

ARTICLE VI
Overtime Pay

Section 1.

Rate of Overtime Pay.

An officer shall be compensated for all work

performed over and above his/her regular tour of duty at an hourly rate computed on the basis of
one and one-halftimes his/her weekly salary divided by fOliy.

.'

Section 2.

Call-In Pay.

Officers who are called into work at times other than their
,(;1

regular tours of duty shall be given a minimum of four (4) hours pay at time and one-half (I Yo).
Section 3.

Equitable Distribution of Overtime.

Overtime in excess of the regularly

scheduled hours shall be equally distributed among regular officers on a voluntary basis. A refusal
of oveliime shall be treated as time worked for purposes of overtime sharing. A list showing
overtime worked and refused shall be kept cUlTent, and shall be available for inspection by a
representative of the Union.
ARTICLE VII

Court Time
Section 1.

Criminal Cases. Officers who are required to attend Court on behalf of the

Commonwealth in a criminal case (including conferences with prosecuting officials and hearings on

( )

complaints) will be paid for all hours spent in Court at straight time in addition to the travel
allowance. A minimum of four (4) hours shall be paid. In addition, effective July 1, 1999 the
following travel time shall be paid: Salem and Newburyport - one (1) hour; elsewhere - actual time.
No travel time will be paid for travel within Lawrence.
Section 2.

Officers who are required to attend such proceedings as inquests, autopsies,

and Registry of Motor Vehicles hearings shall be paid in accordance with Article VI, Section 2.
ARTICLE VIII

Vacation
Section 1.

In accordance with City of Lawrence Ordinances 2-106, vacations with pay

shall be granted annually to officers based on length of service as follows:

a.

From one (1) through five (5) years of continuous service - two (2)
weeks;

'-

/)

'"

b.

Five (S) through ten (10) years of continuous service - three (3)
weeks;

c.

Ten (10) through twenty-five (2S) years of continuous service twenty (20) working days vacation time; and

d.

Twenty-five (2S) years or more of continuous service - twenty-five

(2S) working days vacation time.

Effective July 1, 1985:

c.

Ten (10) through twenty (20) years of continuous service - twenty

(20) working days vacation time; and

d.

Twenty (20) years or more of continuous service - twenty-five (2S)

working days vacation time.

Section 2.

Vacation Selection. Vacation periods shall be selected within the division or

platoon in order of rank, and within the rank in order of seniority based upon the date of
\

appointment to the department. If two officers were appointed on the same date, then the order of
reserve appointment shall control, and if the dates of reserve appointments are identical, the officer
with the earlier date of birth shall have prior selection. The first two (2) weeks vacation time, must
be selected by seniority by March ISth in any year, and after March 1St!" will be selected on a first
come, first serve basis. The senior officer, who is given first choice, must make his/her selection
within forty-eight (48) hours of being notified that his/her selection is due. Once a senior officer
has chosen a specific two (2) weeks for this vacation, s/he is bound to the vacation unless due to
health or bereavement, s/he cmmot take said period.

Once a senior officer has made his/her

selection for the first two (2) weeks vacation, s/he cmmot bump a junior officer who has already
selected his/her two (2) weeks vacation thereafter. Officers who have more than two (2) weeks
vacation due them, shall pick the remaining weeks between March 16 and March 31 of any given
year, mId shall follow the same procedure used in selecting the first two (2) weeks vacation, except

that full week vacations shall receive priority, over vacation splitting, as defined in Section 4 of this
. ..i
/,

Article.
Section 3.

Vacation Period. The vacation period shall run throughout the calendar year.

No more than three (3) officers from each platoon or division, shall be assigned a vacation during
each week, if requested. During the period in which the officer's days off appears during his/her
vacation period, other officers may select personal days, time owed days, and third and fourth week
days, for this will be keeping with the rule of no more than three (3) officers off at the same time.
The first two (2) weeks vacation shall be granted during consecutive weeks and will take preference
over the selection of third and fourth weeks vacations. The first two (2) weeks vacation may be
split with the permission of the City, but not during the period June 15 to September 15, andlor the
last two (2) weeks in December of any calendar year. The third, fourth and fifth weeks vacation

'\

shall be granted at times requested by the officer subject to seniority rights, and the rule that not
more than three (3) officers and one (1) ranking officer from each platoon or division shall be
assigned to vacation during each week.
Section 4.

Vacation Splitting. Third, fourth and any additional vacation time may be

taken by week, weeks or in days if the officer wishes, subject to the provisions of Section 3; also,
third, fourth and fifth week vacations that are taken in week or weeks, will have selection
preference over those taken by days.
Section 5. The City of Lawrence agrees to be bound by the provisions of General Laws,
Chapter 31, section 33 for the purpose of determining additional vacation credit. It is agreed that
this shall not affect the overall departmental seniority or longevity. Employees are allowed to carry
over not more than one unused vacation week into the next calendar year and it must be used prior
to June 30 of that year.

ARTICLE IX

,.

Holidays
Section 1.

The provisions of General Laws (Ter. Ed.) Chapter 147, section 17 shall be

applied, providing pay for each of the following holidays:

New Year's Day
Martin Luther King Day
Washington's Birthday
Patriots' Day
Memorial Day
Independence Day

Labor Day
Columbus Day
Veterans' Day
Thanksgiving Day
Clu-istmas Day

In addition to the foregoing, three (3) days' personal leave will be granted to each officer in
each year without loss of pay provided that the officer gives at least twenty-four (24) hours notice of
intention to take such personal day except in case of emergency, and subject to the approval of the

officer in charge of his/her platoon or division, and such approval will not be unreasonably
withheld. These tlu-ee (3) days' personal leave may be taken on a holiday as long as there are not
three (3) officers and one (1) official off on vacations or personal days.
Section 2.
A.

Holiday pay shall be calculated as follows:

For each unworked holiday an officer will be paid his/her regular salary plus an extra

day's pay at straight time. Straight time for a full tour on a holiday shall continue to be computed
as one-fifth (1/5) of regular weekly compensation.
B.

For each holiday worked an officer will be paid an extra day's pay at straight time,

subject to the provisions of Section D, plus the pay specified in Section A for an unworked holiday.
C.

Straight time for a full tour on a holiday shall continue to be computed as one-fifth

(1/5) of regular weekly compensation.

D.

In order to be paid for a holiday worked, the premium specified in Section B, the

employee must actually work the scheduled work day immediately preceding and the next

10

following the holiday; (with no intervening scheduled days off between such preceding work day

and the holiday or between the holiday and the next following work day). The payment under
Section A for an unworked holiday will be made regardless of non-compliance with the prior
sentence.
ARTICLE X
Clothing and Cleaning Allowance
Section I.

A clothing and cleaning allowance of one thousand dollars ($1,000.00) for

the fiscal year shall be given to all members of the Police Department who may be required to wear
uniforms while on duty. Motorcycle uniforms and equipment shall be supplied by the City. This
allowance shall include brass, hats, jackets, uniforms, shirts, shoes, cuffs, claws, holsters, belts,
patches, and any equipment used by the officer while on duty as prescribed by the City in
I ()

agreement with the Union. The purchase and maintenance of such uniforms shall be in a manner
prescribed though Policy and shall be the sole responsibility of the individual Officer. When any
officer is required to work in uniform, s/he shall wear the full uniform as prescribed by
departmental Policy, provided that the City shall pay for the first issue of any change in the
prescribed uniform with the exception of the change made effective September 1, 2000. Officers
out on extended leave or LL.D. for the entire previous fiscal year shall not be eligible for the
allowance for the current year.
Section 2.

Other Officers. Officers who are not required to wear uniforms during their

tour of duty shall be given the clothing allowance specified in Section I in cash.
Section 3.

Officers assigned as detectives shall, for the duration of their assiglIDlent, be

given the title "detective" and shall be provided by the City with detective gold badges.

11

()

ARTICLE XI

,/
I,

Residence
Section 1.

All employees who are covered by this Agreement (including those on

reserve appointment, as well as permanent appointment) who were hired prior to January 1, 1986,
may reside within fifteen (15) miles of the perimeter of the City of Lawrence, but within the
Commonwealth of Massachusetts, as provided in Chapter 48, section 58E, M.G.LA. and Chapter
373 of the Acts of 1978.
Section 2.

All employees appointed to positions covered by this Agreement after

January 1,1986, shall, within two years of their appointment, reside within the City of Lawrence, as
provided in the City ChaIter effective January 1, 1986. An employee already covered by this
Agreement as of January 1, 1986, who is promoted or demoted to another position covered by this

Agreement, shall be covered by Section 1 aIld not by this Section 2.

ARTICLE XII
Sick Leave, Injuries, Special Leave and Death Leave
Section 1.

Officers shall be granted one and one-qumter (1 \4) sick days per month in

accordance with City of Lawrence Ordinances 2-93 to 2-105 inclusive.

Section 2.
A.

Officers are allowed to accumulate unlimited unused sick leave.

B.

Upon all employee's voluntary or involuntary retirement, death, or upon all

employee's voluntary termination of service with ten (10) years or more of service, s/he, or in the
event of his/her death, his/her heirs at law, shall be paid on the next pay day following such
termination, retirement or death a lump sum equivalent to one-half (1/2) of his/her accumulated,
unused sick leave to a maximum of 300 days (400 days effective July 1, 2002) or an employee's

12

actual accumulation as of June 30, 1986, whichever is higher, and then in force, at the pay rate
d

pertaining to llis/her grade at the time of such termination, retirement or death.

Section 3.

The parties will maintain a sick leave bank from which employees who have

exhausted their sick leave accumulation can draw additional sick leave benefits. Employees may
contribute to this bank, on a voluntary basis, two (2) of their accumulated sick leave days during
each fiscal year and additional contributions may be required by the Association.

Employee

entitlement to draw fiom said bank shall be determined by the Police Chief who may request
medical evidence concerning the absent employee, and may take into account the sick leave record
of the absent employee. Said determinations shall be subject to the contractual grievance and
arbitration procedures; provided, however, that employees must contribute to the bank in order to
be eligible to draw from the bank.

Section 4.

Injured Leave. General Laws Chapter 41, section I11F shall be applied in

cases of injury. Officers shall have twenty-four (24) hours to report irtiury in the line of duty.
Section 5.

Special Leave. Each employee shall be granted special leave with pay for a

day on which slhe is able to secure another employee to work in hislher place provided: (A) Such
substitution does not impose any additional cost on the City; (B) Such substitution is within the
equal rank only, including working reserves, but excluding non-working reserves; and (C) The
officer in charge of the division in which the substitution shall take place be notified in writing on
an appropriate form not less than one (1) day prior to its becoming effective, except in case of
emergency notification may be made by telephone. Each officer is limited to no more than twenty
(20) working days of special leave per year.
Section 6.

Death Leave. In the event of a death in the immediate family of an officer or

his/her spouse, the officer shall be granted four (4) working days off, without loss of pay, to be

13

()

taken only at time of death and funeral of the deceased family member, in no event to be carried
J

).

over if not then used. The ilmnediate family is defmed as follows: spouse, father, mother, sister,
brother, child, grandchild, grandparent, aunt, uncle, or a relative living in the officer's home.
ARTICLE XIII
Compensation
Section 1.

Wages.

Base pay increases during this Agreement shall be effective as

follows:
July 1,2000
July 1,2001
July 1,2002

$37,442.18
$38,565.44
$39,722.41

(without inclusion of the hazardous duty stipendsee Article XIII, Section 9)

Wages will not be rounded to the nearest dollar during each computation; payroll office may
decide to compute salaries to the exact amowlt - dollars and cents.

Step increases shall be granted at intervals in accordance with past practice (on January 1 or
July 1) and every six (6) months thereafter until maximwn is reached.
Section 2.

Longevity. In addition to the annual salary education incentive pay to which

they may be entitled, officers; including permanent, working reserves who qualify with length of
service will be paid as part of their regular compensation a longevity increment as follows:
Years of Service

Percent of Salary Schedule***

5
6
7
8
9
10
11
12
13
14
15

1.7
1.9
2.2
2.4
2.7
2.9
3.2
3.4
3.7
3.9
4.2

14

incorporated herein by reference; !is a part of said officers' regular compensation, said payments to

l'
be made weekly.
Section 5.

All hours worked outside the City of Lawrence where the officer is detailed

to an assignment in connection with a labor dispute, riot or civil disturbance shall be paid at double
the other applicable rate.
Section 6.

Employees who are required to travel outside of the City Limits of Lawrence

on official business shall be reimbursed for expenses incuned for authorized meals, in accordance
with the following amounts and in accordance with the following time periods.
For travel of less than twenty-four (24) hours commencing two (2) hours or more before
compensated time, employees shall be entitled to the below breakfast allowance. Employees will
be entitled to the below dinner allowance only when an overnight stay is involved.

Employees are entitled to the below lunch allowance for any above-described travel during
the work shift.
Breakfast
Lunch
Dinner

Section 7.

$3.50
$6.50
$8.50

Mileage allowance shall be at the current IRS rate, as it may change from

time to time.
Section 8.

Schooling. The parties agree to abide by American Arbitration Association

Case Number 1139-1450-77 in the matter of the arbitration between The City of Lawrence and the
Lawrence Patrolmen's Association (so-called Lees grievance). In addition to the above decision,
there shall be four (4) compensatory days off for all officers who attend Police Training School.
Section 9.

Officers shall be paid a Hazardous Duty stipend equivalent to 0.50% of tlleir

base pay effective December 1, 1998 which shall be increased by 0.50% to 1.00% effective

16

December 1, 1999.

Hazardous Duty stipend payment procedures shall be th., same as the

1/

procedures used for payment of Longevity increments.

"

Effective July 1, 2001 Section 9

(Hazardous Duty Pay) of Article XIII (Compensation) shall be eliminated, but the amount of the
Hazardous Duty stipend shall be rolled into base pay.
Section 10.

The Union agrees to the City's intention to change the payroll system from

the current weekly to a bi-weekly payroll system. This Agreement and such payroll plan change
expressly are made subject to the condition that bargaining unit employees will not be subject by
such payroll change to any loss of earnings in any fiscal year period to which they otherwise would
be entitled pursuant to the terms and provisions of this Agreement. The City agrees that such
payroll change will not be implemented for the bargaining unit represented by the Union unless and
until all other City and School Depffiirnent bargaining wuts execute ffil agreement including the
.,

.')

same payroll change ffild such change is implemented for all such other bargaining units.

ARTICLE XIV
Group Insurance Coverage
The City will continue to pay seventy-five (75%) percent of the cost of group health
insurance and master medical. The City shall continue the current practice of paying 100% of the
cost of employees participating in an HMO.

Employees covered by this Agreement may be

required to contribute 10% to the cost of any HMO provided, however, tlus provision shall not
become effective unless and wltil this practice is accepted by all bargaining representatives within
the City. Effective July 1, 2001 employees will continue paying 25% of the premiwn cost for
Master Medical coverage, and employees will begin paying 10% of the prenlium cost of all other
health plans, including HMO Blue, Health PlffilS, Inc. and Harvard Pilgrim.

17

"

ARTICLE XV
Outside Details
Section 1.

Road Details and Other Paid Details. Effective January 1, 1998 road details

shall be paid at thirty dollars ($30.00) per hour. All other private details shall be paid at a minimum
of thirty dollars ($30.00) per hour. In the event that an officer is required to work a paid detail on a
Sunday or on a holiday, his/her rate shall be $39.50, and in the event that an officer is required to
work on a Saturday, his/her rate shall be $34.50. In the event that an officer works a paid detail in
which alcoholic beverages are consumed, his/her rate of pay shall be an additional fifty cents (50)
per hour more than the rate slhe wonld normally be entitled to for that detail. If a detail goes over
the four (4) hour minimum, the officer must be paid the equivalent of eight (8) hours pay; if the
detail exceeds eight (8) hours, compensation at a rate equal to one and one-half times hislher hourly

( )

rate must be paid.

Effective July 1,2001 road details shall be paid at thirty-two dollars ($32.00) per hour. All
other private details shall be paid at a minimum of thirty-two dollars ($32.00) per hour. In the event
that an officer is required to work a paid detail on a Sunday or on a holiday, his/her rate shall be
$40.00, and in the event that an officer is required to work on a Satnrday, hislher rate shall be
$35.00. In the event that an officer works a paid detail in which alcoholic beverages are consnmed,
his/her rate of pay shall be an additional fifty cents (50) per hour more than the rate s/he would
normally be entitled to for that detail. If a detail goes over the four (4) hour minimum, the officer
must be paid the equivalent of eight (8) hours pay; if tlle detail exceeds eight (8) hours,
compensation at a rate eqnal to one and one-halftimes his/her hourly rate must be paid.

18

,,'

Section 2.

Detail Preference. Permanent officers shall be given preference on all paid

((

/,

details given out by the department. Details shall be shared as equally as practical among those
permanent officers who volunteer for such work.
Section 3.

All details worked at the premises of an employer where a labor dispute

exists shall be paid at double time the usual rate, with a minimum of four (4) hours.
Section 4.

All details performed in the area of a riot or civil disorder shall be paid at

double the usual rate, with a minimum offom (4) homs.

Section 5.

The City, in accordance with directions from the Internal Revenue Service,

will make every effort to collect amounts due from private parties on account of details worked by
officers under this Section, but the City will not be financially responsible in case such amounts are
not collected or in case the amounts collected are incorrect.
ARTICLE XVI

Grievance Procedme
Section 1.

The term "grievance" shall be defined as any dispute concernmg the

interpretation or application of this Agreement. The grievance and all awards shall be submitted in
writing.
Section 2.

Grievances shall be processed as follows:

Step One.

The Union shall submit the grievance to the Chief of

Police. The Chief shall answer the grievance within ten (10) days,
excluding Saturdays, Sundays and holidays. If the grievance is not
settled at this step, it shall be referred to:
Step Two.

The Mayor or his/her representatives who has ten (l0) days

to answer.

19

,"

0(

Step Three.

In the event that aH prior steps fail, the grievance may

-. - L

be submitted to an impartial arbitrator, whose decision is final and

binding. If the parties do not agree upon an impartial arbitrator, the
grievance shaH be submitted to the American Arbitration Association,
whose decision shall be final and binding. The fee and expenses
of an impartial arbitrator shaH be shared by the parties. However, if in
connection with any grievance filed after April I, 1985, the arbitrator
determines that the processing of arbitration was caused primarily
by the City's failure to answer at the Mayor's step within the time
limits, without a reasonable excuse, the filing fee of the American
Arbitration Association shall be borne exclusively by the City.

( )

Section 3.
(a)

A grievance shaH be deemed waived unless:

Submitted to the Chief within fifteen (IS) days after the occurrence of the incident

upon which the grievance is based;

(b)

Submitted to the Mayor or his/her representative within five (5) days after the

Chief s answer is due; and

(c)

Submitted to arbitration within twenty (20) days after the Mayor's answer is due.
ARTICLE XVII

Union Business
Section 1.

Time off for Union Business. Duly elected Union officers shaH be allowed

reasonable time off without loss of pay to conduct Union Business.

Section 2.

Conventions. Duly elected delegates to be allowed time off without loss of

pay to attend Union and Massachusetts Police Association convention.

20

I,"

"

Section 3.

Monthly Massachusetts Police Association Meeting.

One officer on the

I,

Executive Board of the Union will be allowed to attend the monthly meeting on City time if the
meeting is scheduled on that individual's regular work day, if not, s/he shall attend on his/her own
time.
ARTICLE XVIII
Payroll Deduction of Union Dues and Agency Service Fee
Section 1.

The City will deduct the regular Union dues and initiation fees (if any),

including arrearages, from the wages of employees who have authorized such deduction in writing.
Section 2.

Agency Service Fee. Persons covered by this Agreement who are not Union

members shall be required, as a condition of employment, to pay the Union an agency service fee
proportionately commensurate with the cost of collective bargaining and contract administration not
)

to exceed Union dues. The Union agrees to indemnify the City for any fmancial liability it may
incur in complying with this Section.
ARTICLE XIX
Miscellaneous
Section 1.

The City and the Union shall continue discussions on a physical fitness

program.
Section 2.

Litigation Insurance Reimbursement. Effective July 1, 1986, the City will

reimburse the Union armually the sum of $5,000.00 for a retainer paid to provide legal services to
defend an officer against third-party litigation arising out of his/her employment with the City.
Should an officer engage personal counsel, the provisions of the City bylaw shall apply.

21

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,0

()

. Section 3.

Court Time Practice. Court time practice in force on June 30, 1986, with
:'f

officers required to attend arraignments, pre-trials, and clerk hearings for a certain number of paid
hours, will continue in force; for the life of this Contract.
ARTICLE XX
Drug Testing
The parties acknowledge that the City's drug testing policy is reflected on "Attachment A"
hereto.
ARTICLE XXI
Duration
The duration of this contract shall be from July 1, 2000 to June 30, 2003.

FOR THE CITY OF LAWRENCE

FOR THE LAWRENCE

PATROLMEN'S ASSOCIATION

DATE:

DATE:

22

(J.

Ii

t,

AGREEMENT
between
CITY OF LAWRENCE
and

THE LAWRENCE PATROLMEN'S ASSOCIATION

Effective: July 1, 2000

Expiring: June 30, 2003

.1

_.

J>.',-'

1~N~";

ARTICLE

TITLE

PAGE

Recognition and Union Security

II

Management Rights

III

Retention of Civil Service Rights

IV

Duties

Hours of Work

VI

Overtime Pay

VII

COUli Time

VIII

Vacation

IX

Holidays

10

Clothing and Cleaning Allowance

II

XI

Residence

12

XII

Sick Leave, Injuries, Special Leave and Death Leave

12

XIII

Compensation

14

XIV

Group Insurance Coverage

17

XV

Outside Details

18

XVI

Grievance Procedure

19

XVII

Union Business

20

XVIII

Payroll Deduction of Union Dues and Agency Service Fee

21

XIX

Miscellaneous

21

XX

Drug Testing

22

XXI

Duration

22

Drug Testing Policy

Atl. A

.<

.:

,, ,

-!..&_

Pursuant to Chapter 1078 of the Acts of 1973, the City of Lawrence ("the City") and the
Lawrence Patrolmen's Association ("the Union"), both intending to maintain a harmonious
relationship between them, recognizing the legitimate rights and needs of the employees of the
Police Depmiment, as well as the obligation of the City to protect the safety of the public, hereby
agree as follows:
ARTICLE I
Recognition and Union Security
Section I.

R~cognition. The City recognizes the Lawrence Patrolmen's Association as

the sole and exclusive bargaining agent for all the City's officers, including Reserve officers.
Section 2.

. Union Activity Protected. The City agrees not to discharge or discriminate in

any way against any employee covered by this Agreement because of Union membership or

( )

activities.
Section 3.
A.

Time off for Union Business.

All employees covered by this Agreement, who are officers of the Lawrence

Patrolmen's Association or who are appointed by the Union as members of said Union Collective
Bargaining Negotiation Team [not to exceed four (4)], shall be allowed time off for official Union
Business, negotiations or conferences with the City administration, and the Chief of the
Department, without loss of payor benefits and without the requirements to make up said loss of
time, provided, however, in no event will this Section be implemented if replacements are required
on an overtime basis.
B.

Effective February 24, 1987, the following prOVISIOns will apply in lieu of the

preceding paragraph A:

",, "

"_, .'0'

1)

100 tours of duty

p~r

fiscal year will be established as a bank for time off for Union

business. In 1987, the bank will be 35 days for the period February 24, 1987 through June 30,
1987. Tours in excess of the bank will not be reimbursed and unused bank tours will not be carried
forward to the next year. The minimum draw for any function shall be one tour.
2)

3)

Five elected Union officials will be eligible to draw against the bank:
a.

President;

b.

Secretary/Treasurer/Steward; and

c.

three additional Stewards.

"Union Business" is defined as grievance investigations, contract negotiations,

grievance meetings, arbitration hearings, labor board hearings, preparation for contract negotiations,
and civil service hearings as a witness, including disciplinary cases.

()

4)

In order to be eligible to draw against the bank, an eligible Union official must give

reasonable notice to the superior officer in charge of his/her intent to devote an off-duty tour to one
of the functions listed in the preceding paragraph. The superior officer in charge will keep track of
the draw by logging the tour as a charge against the bank and by crediting the employee with a
compensatory tour. Such tours shall not be compensated but may be used by the employee at, on
reasonable notice to the superior officer in charge, so long as a replacement is not required on an
overtime basis. Tours not used by the end of the fiscal year may be carried over for not more than
six months.
5)

This Section B shall neither enlarge nor diminish the obligation of the City to grant

compensatory time off for time accrued prior to February 24, 1987.
Section 4.

No Individual Agreements. The employer agrees that it will not enter into

any individual or collective agreement with any employee covered by this Agreement.

",I"

!..""

()

Section 5.

When the following titles appear and are nsed in this Agreement,
, they shall

mean:
1.

City - City of Lawrence;

2.

Mayor - Mayor of Lawrence;

3.

Chief - Chief of Police of the City of Lawrence; and

4.

Officers and working Reserves (excluding captains, lieutenants and sergeants).

Section 6.

Not more than once a month, upon presentation of an agenda of professional

job-related issues by tlle Union to tlle Chief, or by the Chief to the Union, the Chief or his/her
designee(s) shall meet promptly, normally within ten (10) working days, with not more than two (2)
Union representatives for the purpose of addressing the issues presented.

ARTICLE II
\.

Management Rights

)
Section 1.

This Agreement has not been designed to violate any Federal or State laws,

nor shall anyiliing in the Agreement be interpreted as diminishing tile rights of the City to determine
and prescribe the meiliods and means by which its operation of tile Police Department shall be
conducted, including the right to issue from time to time reasonable rules and regulations, except as
may be provided by iliis Agreement.
Section 2.

All job benefits heretofore

e~oyed

by the employees will continue under the

conditions upon which they had previously been granted. This Agreement shall not be construed to
deprive employees of any benefits or protections granted by the laws of the Commonwealth of
Massachusetts.
Section 3.

There shall be no strikes during the life of this Agreement.

.'

<

Section 4, .t Except as may be required by law, the City agrees to continue in effect the
f.
provisions contained in this Agreement. With respect to matters not covered by this Agreement
which constitute mandatory subjects of collective bargaining, the City agrees to make no changes
without prior consultation and negotiation with the Union,
Section 5,

The parties agree that Tim Bornstein will be the permanent arbitrator for all

disputes arising under Article II.

ARTICLE III
Retention of Civil Service Rights
The members of the Police Department covered by this Agreement shall continue to enjoy
their Civil Service Rights as provided in Chapter 31 of the Massachusetts General Laws,
ARTICLE IV
Duties

The dnties of the officers of the Police Department shall consist of protection of persons and
property, prevention of crime, apprehension and prosecution of criminals, traffic control, and to
follow all orders pertaining to work performed by officers, and officers of higher rank, However,
officers shall not be assigned to non-Police duties such as cleaning, sweeping, snow removal,
washing cruisers and other maintenance work, unless the officer and the Union agree, except in case
of emergency and an emergency may only be called by the Mayor or Chief,
ARTICLE V
Hours of Work
Section 1.

The work cycle in the Lawrence Police Department shall be the 4-2 system

which provides that an officer shall work four (4) days in a row, shall be off two (2) days, and shall
then resume his/her work cycle,

..
"

Employees on special assignments who work other than a rotation of four (4) days on and

two (2) days off shall average the same number of total days off per year.
Platoon No. I - 1:00 a.m. to 9:00 a.m.
Platoon No.2 - 9:00 a.m. to 5:00 p.m.
Platoon No.3 - 5:00 p.m. to 1:00 a.m.

Section 2.

Hours of Work.

Section 2a.

Differential. Officers assigned to work on Platoon No.1 and Platoon No.3,

shall be paid a differential of eight percent (8%) over and above their base pay effective July I,
2000; nine percent (9%) over and above their base pay c1Tectivc July 1,2001; and tcn percent (10%)
over and above their base pay effective July 1, 2002. The term "base pay" for the purpose of the
night differential shall mean the salary schedule established in Alticle XIII, Section I, and in
addition, shall include the career incentive benefit. The definition of the term "base pay", herein,
shall be applicable only to the calculation of the night differential, and shall not apply to anything

()

else. Officers not eligible for differential pay shall receive the equivalent dollar amount of the 1%
differential increase effective July I, 2000; the 1% differential increase effective July 1, 2001; and
the 1% differential increase effective July I, 2002.
Section 3.

Shift Selection. Officers have the opportunity to select and be assigned to a

Platoon in order of seniority within the rank. This procedure shall be repeated by December 15 1\
and the resulting assignments shall be effective not later than January

lSI.

Vacancies or openings which occur in a Platoon, during the year shall be filled by the senior
Officer in rank who requests the same in writing. A notice of the vacancy or opening shall be
posted in a conspicuous place in the Department for at least ten (10) days, during which time bids
may be submitted. Officers who are on vacation or otherwise absent shall also be notified of the
vacancy by the Platoon Commander or officer in charge.

()/AsSigmnents within the Platoon shall be made by the City. No officer shall be transferred to
another Platoon except in accordance with the foregoing procedures.
The foregoing provisions shall not be applicable to the Detective Division or other special
assigmnents.
Newly appointed officers will be assigned to any shift on an as needed basis by the chief
executive officer of the Department for training purposes for a period of one (1) year, and will not
be eligible to select or bid in accordance with this section during that period; provided, that this
provision shall not be construed to permit the City to assign newly appointed Officers to different
shift schedules within the same work week.
Section 4.

Definition of Seniority. Seniority is defined as length of service within the

rank. In case of a tie, the earlier date of appointment to the next lower rank or (in the case of patrol

()

officers) the date of reserve appointment shall prevail. In case ofa tie, the earlier date of birth shall
prevail.
Section 5.

In the event of a change of service by transfer of an officer, with his/her

consent, to Lawrence from another municipality, the time served in said other municipality shall
not, in any event, be included as part of the computation of seniority under this contract, specifically
intending to supersede M.G.L. c. 31, 33 to the extent permissible by law.
Section 6.

The regular work. week shall start on Sunday at 12:01 a.m.

ARTICLE VI
Overtime Pay

Section 1.

Rate of Overtime Pay.

An officer shall be compensated for all work

performed over and above his/her regular tour of duty at an hourly rate computed on the basis of
one and one-half times his/her weekly salary divided by fOliy.

Section 2.

Call-In Pay.

Officers who are called into work at times other than their
l
i,
regular tours of duty shall be given a minimum of four (4) hours pay at time and one-half (l Yz).
Section 3.

Equitable Distribution of Overtime.

Overtime in excess of the regularly

scheduled hours shall be equally distributed among regular officers on a voluntary basis. A refusal
of overtime shall be treated as time worked for purposes of overtime sharing. A list showing
overtime worked and refused shall be kept current, and shall be available for inspection by a
representative of the Union.
ARTICLE VII
Court Time
Section I.

Criminal Cases. Officers who are required to attend Court on behalf of the

Commonwealth in a criminal case (including conferences with prosecuting officials and hearings on

()

complaints) will be paid for all hours spent in Court at straight time in addition to the travel
allowance. A minimum of four (4) hours shall be paid. In addition, effective July I, 1999 the
following travel time shall be paid: Salem and Newburyport - one (l) hour; elsewhere - actual time.
No travel time will be paid for travel within Lawrence.
Section 2.

Officers who are required to attend such proceedings as inquests, autopsies,

and Registry of Motor Vehicles hearings shall be paid in accordance with Article VI, Section 2.

ARTICLE VIII
Vacation
Section I.

In accordance with City of Lawrence Ordinances 2-106, vacations with pay

shall be granted armually to officers based on length of service as follows:

a.

From one (l) through five (5) years of continuous service - two (2)
weeks;

. ",

"

, ...

b.

Five (5) through ten (10) years of continuous service - three (3)
weeks;

c.

Ten (10) through twenty-five (25) years of continuous service twenty (20) working days vacation time; and

d.

Twenty-five (25) years or more of continuous service - twenty-five

(25) working days vacation time.

Effective July 1, 1985:

c.

Ten (10) through twenty (20) years of continuous service - twenty

(20) working days vacation time; and

d.

Twenty (20) years or more of continuous service - twenty-five (25)

working days vacation time.

Section 2.

Vacation Selection. Vacation periods shall be selected within the division or

platoon in order of rank, and within the rank in order of seniority based upon the date of
appointment to the department. If two officers were appointed on the same date, then the order of
reserve appointment shall control, and if the dates of reserve appointments aTe identical, the officer
with the earlier date of birth shall have prior selection. The first two (2) weeks vacation time, must
be selected by seniority by March 15 th in any year, and after March 15'\ will be selected on a first
come, first serve basis. The senior officer, who is given first choice, must make his/her selection
within forty-eight (48) hours of being notified that his/her selection is due. Once a senior officer
has chosen a specific two (2) weeks for this vacation, s/he is bound to the vacation unless due to
health or bereavement, s/he cannot take said period.

Once a senior officer has made his/her

selection for the first two (2) weeks vacation, s/he CalIDot bump a junior officer who has already
selected his/her two (2) weeks vacation thereafter. Officers who have more than two (2) weeks
vacation due them, shall pick the remaining weeks between March 16 and March 31 of any given
year, and shall follow the same procedure used in selecting the first two (2) weeks vacation, except

I.,'

.'

.',

that full week vacations shall receive]Jriority, over vacation splitting, as defined in Section 4 of this

. i.'

Article.
Section 3.

Vacation Period. The vacation period shall run throughout the calendar year.

No more than three (3) officers from each platoon or division, shall be assigned a vacation during
each week, if requested. During the period in which the officer's days off appears during his/her
vacation period, other officers may select personal days, time owed days, and third and fourth week
days, for this will be keeping with the rule of no more than three (3) officers off at the same time.
The first two (2) weeks vacation shall be granted during consecutive weeks and will take preference
over the selection of third and fourth weeks vacations. The first two (2) weeks vacation may be
split with the permission of the City, but not during the period June 15 to September 15, and/or the
last two (2) weeks in December of any calendar year. The third, fourth and fifth weeks vacation

C)

shall be granted at times requested by the officer subject to seniority rights, and the rule that not
more than three (3) officers and one (1) ranking officer from each platoon or division shall be
assigned to vacation during each week.
Section 4.

Vacation Splitting. Third, fourth and any additional vacation time may be

taken by week, weeks or in days if the officer wishes, subj ect to the provisions of Section 3; also,
third, fourth and fifth week vacations that are taken in week or weeks, will have selection
preference over those taken by days.
Section 5. The City of Lawrence agrees to be bound by the provisions of General Laws,
Chapter 31, section 33 for the purpose of determining additional vacation credit. It is agreed that
this shall not affect the overall departmental seniority or longevity. Employees are allowed to carry
over not more than one unused vacation week into the next calendar year and it must be used prior
to June 30 of that year.

.. '

ARTICLE IX
Holidays
Section I.

The provisions of General Laws (Ter. Ed.) Chapter 147, section 17 shall be

applied, providing pay for each of the following holidays:

Labor Day
Columbus Day
Veterans' Day
Thanksgiving Day
Christmas Day

New Year's Day

Martin Luther King Day
Washington's Birthday
Patriots' Day
Memorial Day
Independence Day

In addition to the foregoing, three (3) days' personal leave will be granted to each officer in
each year without loss of pay provided that the officer gives at least twenty-four (24) hours notice of
intention to take such personal day except in case of emergency, and subject to the approval of the

()

officer in charge of his/her platoon or division, and such approval will not be unreasonably
withheld. These three (3) days' personal leave may be taken on a holiday as long as there are not
three (3) officers and one (1) official off on vacations or personal days.
Section 2.
A.

Holiday pay shall be calculated as follows:

For each unworked holiday an officer will be paid hislher regular salary plus an extra

day's pay at straight time. Straight time for a full tour on a holiday shall continue to be computed
as one-fifth (1/5) of regular weekly compensation.
B.

For each holiday worked an officer will be paid an extra day's pay at straight time,

subject to the provisions of Section D, plus the pay specified in Section A for an unworked holiday.
C.

Straight time for a full tour on a holiday shall continne to be computed as one-fifth

(1/5) of regular weekly compensation.

D.

In order to be paid for a holiday worked, the premium specified in Section B, the

employee must actually work the scheduled work day immediately preceding and the next

10

"

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following the holiday: (with no intervening scheduled days off between such preceding work day

t
and the holiday or between the holiday and the next following work day). The payment under
Section A for an unworked holiday will be made regardless of non-compliance with the prior
sentence.
ARTICLE X

Clothing and Cleaning Allowance

Section 1.

A clothing and cleaning allowance of one thousand dollars ($1,000.00) for

the fiscal year shall be given to all members of the Police Department who may be required to wear
uniforms while on duty. Motorcycle uniforms and equipment shall be supplied by the City. This
allowance shall include brass, hats, jackets, uniforms, shirts, shoes, cuffs, claws, holsters, belts,
patches, and any equipment used by the officer while on duty as prescribed by the City in
( -)

agreement with the Union. The purchase and maintenance of such uniforms shall be in a manner
prescribed though Policy and shaH be the sole responsibility of the individual Officer. When any
officer is required to work in uniform, slhe shall wear the full uniform as prescribed by
departmental Policy, provided that the City shall pay for the first issue of any change in the
prescribed uniform with the exception of the change made effective September 1, 2000. Officers
out on extended leave or LL.D. for the entire previous fiscal year shall not be eligible for the
allowance for the current year.
Section 2.

Other Officers, Officers who are not required to wear uniforms during their

tour of duty shall be given the clothing allowance specified in Section 1 in cash.
Section 3.

Officers assigned as detectives shall, for the duration of their assigtlllent, be

given the title "detective" and shall be provided by the City with detective gold badges,

11

','

,',.

ARTICLE XI
Ii
Residence
Section 1.

All employees who are covered by this Agreement (including those on

reserve appointment, as well as permanent appointment) who were hired prior to January I, 1986,
may reside within fifteen (15) miles of the perimeter of the City of Lawrence, but within the
Commonwealth of Massachusetts, as provided in Chapter 48, section 58E, M.O.L.A. and Chapter
373 of the Acts of 1978.
Section 2.

0 1 employees appointed to positions covered by this Agreement after

January 1, 1986, shall, within two years of their appointment, reside within the City of Lawrence, as
provided in the City Charter effective January 1,

19~An employee

already covered by this

Agreement as of January 1, 1986, who is promoted or demoted to another position covered by this
\

Agreement, shall be covered by Section 1 and not by this Section 2.

ARTICLE XII
Sick Leave, Injuries, Special Leave and Death Leave
Section 1.

Officers shall be granted one and one-quarter (1 Y4) sick days per month in

accordance with City of Lawrence Ordinances 2-93 to 2-105 inclusive.

Section 2.
A.

Officers are allowed to accumulate unlimited unused sick leave.

B.

Upon an employee's voluntary or involuntary retirement, death, or upon an

employee's voluntary termination of service with ten (10) years or more of service, s/he, or in the
event of his/her death, his/her heirs at law, shall be paid on the next pay day following such
termination, retirement or death a lump sum equivalent to one-half (1/2) of his/her accumulated,
unused sick leave to a maximum of 300 days (400 days effective July 1, 2002) or an employee's

12

,.'

actual accumulation as of June 30, 1986, whichever is higher, and then in force, at the pay rate

pertaining to his/her grade at the time of such termination, retirement or death.

Section 3.

The parties will maintain a sick leave bank from which employees who have

exhausted their sick leave accumulation can draw additional sick leave benefits. Employees may
contribute to this bank, on a voluntary basis, two (2) of their accumulated sick leave days during
each fiscal year and additional contributions may be required by the Association.

Employee

entitlement to draw from said bank shall be determined by the Police Chief who may request
medical evidence concerning the absent employee, and may take into account the sick leave record
of the absent employee. Said determinations shall be subject to the contractual grievance and
arbitration procedures; provided, however, that employees must contribute to the bank in order to
be eligible to draw from the bank.

()

Section 4.

Injured Leave. General Laws Chapter 41, section lllF shall be applied in

cases of injury. Officers shall have twenty-four (24) hours to report injury in the line of duty.
Section 5.

Special Leave. Each employee shall be granted special leave with pay for a

day on which s/he is able to secure another employee to work in hislher place provided: (A) Such
substitution does not impose any additional cost on the City; (B) Such substitution is witllin the
equal rank only, including working reserves, but excluding non-working reserves; and (C) The
officer in charge of the division in which the substitution shall take place be notified in writing on
an appropriate form not less than one (l) day prior to its becoming effective, except in case of
emergency notification may be made by telephone. Each officer is limited to no more than twenty
(20) working days of special leave per year.
Section 6.

Death Leave. In the event of a death in the immediate family of an officer or

his/her spouse, the officer shall be granted four (4) working days off, without loss of pay, to be

13

()

"

, f"

taken only at time of death and funeral of the deceased family member, in no event to be carried
,r

I.

over if not then used, The immediate family is defined as follows: spouse, father, mother, sister,
brother, child, grandchild, grandparent, aunt, uncle, or a relative living in the officer's home.
ARTICLE XIII
Compensation
Section I.

Wages.

Base pay increases during this. Agreement shall be effective as

follows:
July 1,2000
July 1,2001
July 1,2002

$37,442.18
$38,565.44
$39,722.41

(without inclusion of the hazardous duty stipend see Article XIII, Section 9)

Wages will not be rounded to the nearest dollar during each computation; payroll office may
decide to compute salaries to the exact amount - dollars and cents.

()

Step increases shall be granted at intervals in accordance with past practice (on January 1 or

education pay is rolled

into regular rate
Longevity. In addition to the armual salary education incentive pay to which

July 1) and every six (6) months thereafter until maximum is reached.
Section 2.

they may be entitled, officers, including permanent, working reserves who qualifY with length of
service will be paid as part of their regular compensation a longevity increment as follows:
Years of Service

Percent of Salary Schedule* **

1.7
1.9
2.2
2.4
2.7
2.9
3.2
3.4
3.7
3.9
4.2

6
7
8
9
10
11
12
\3
14
15

14

,I

incorporated herein by reference; ~s a part of said officers' regular compensation, said payments to

t'

be made weekly.
Section 5.

All hours worked outside the City of Lawrence where the officer is detailed

to an assignment in connection with a labor dispute, riot or civil disturbance shall be paid at double
the other applicable rate.
Section 6.

Employees who are required to travel outside of the City Limits of Lawrence

on official business shall be reimbursed for expenses incurred for authorized meals, in accordance
with the following amounts and in accordance with the following time periods.
For travel of less than twenty-four (24) hours commencing two (2) hours or more before
compensated time, employees shall be entitled to the below breakfast allowance. Employees will
be entitled to the below dinner allowance only when an overnight stay is involved.

( )

Employees are entitled to the below lunch allowance for any above-described travel during
the work shift.
Breakfast
Lunch
Dinner

Section 7.

$3.50
$6.50
$8.50

Mileage allowance shall be at the current IRS rate, as it may change from

time to time.
Section 8.

Schooling. The parties agree to abide by American Arbitration Association

Case Number 1139" 1450-77 in the matter of the arbitration between The City of Lawrence and the
Lawrence Patrolmen's Association (so-called Lees grievance). In addition to the above decision,
there shall be four (4) compensatory days off for all officers who attend Police Training School.
Section 9.

Officers shall be paid a Hazardous Duty stipend equivalent to 0.50% of their

base pay effective December 1, 1998 which shall be increased by 0.50% to 1.00% effective

16

"

December I, 1999.

Hazardous Duty stipend payment procedures shall be the ,same as the

(,f

procedures used for payment of Longevity increments.

"

Effective July I, 200 I Section 9

(Hazardous Duty Pay) of Article XIII (Compensation) shall be eliminated, but the amount of the
Hazardous Duty stipend shall be rolled into base pay.
Section 10.

The Union agrees to the City's intention to change the payroll system from

the current weekly to a bi-weekly payroll system. This Agreement and such payroll plan change
expressly are made subject to the condition that bargaining unit employees will not be subject by
such payroll change to any loss of earnings in any fiscal year period to which they otherwise would
be entitled pursuant to the terms and provisions of this Agreement. The City agrees that such
payroll change will not be implemented for the bargaining unit represented by the Union unless and
until all other City and School Depatiment bargaining units execute atl agreement including the
\. )

same payroll change atld such change is implemented for all such other bargaining units.
ARTICLE XIV
Group Insurance Coverage
The City will continue to pay seventy-five (75%) percent of the cost of group health
insurance and master medical. The City shall continue the CUlTent practice of paying 100% of the
cost of employees participating in an HMO.

Employees covered by this Agreement may be

required to contribute 10% to the cost of any HMO provided, however, iliis provision shall not
become effective unless and until this practice is accepted by all bargaining representatives within
the City. Effective July I, 2001 employees will continue paying 25% of the premium cost for
Master Medical coverage, and employees will begin paying 10% of ilie premium cost of all other
health plans, including HMO Blue, Health Plans, Inc. and Harvard Pilgrim.

17

l
Section 1.

ARTICLE XV
Outside Details
Road Details and Other Paid Details. Effective January I, 1998 road details

shall be paid atthirty dollars ($30.00) per hour. All other private details shall be paid at a minimum
of thirty dollars ($30.00) per hour. In the event that an officer is required to work a paid detail on a
Sunday or on a holiday, his/her rate shall be $39.50, and in the event that an officer is required to
work on a Saturday, his/her rate shall be $34.50. In the event that an officer works a paid detail in
which alcoholic beverages are consumed, his/her rate of pay shall be an additional fifty cents (50)
per hour more than the rate s/he would normally be entitled to for that detail. If a detail goes over
the four (4) hour minimum, the officer must be paid the equivalent of eight (8) hours pay; if the
detail exceeds eight (8) hours, compensation at a rate equal to one and one-half times his/her hourly

()

rate must be paid.

Effective July 1, 2001 road details shall be paid at thirty-two dollars ($32.00) per hour. All
other private details shall be paid at a minimum of thirty-two dollars ($32.00) per hour. In the event
that an officer is required to work a paid detail on a Sunday or on a holiday, his/her rate shall be
$40.00, and in the event that an officer is required to work on a Saturday, his/her rate shall be
$35.00. In the event that an officer works a paid detail in which alcoholic beverages are consumed,
his/her rate of pay shall be an additional fifty cents (50) per hour more than the rate s/he would
normally be entitled to for that detail. If a detail goes over the four (4) hour minimum, the officer
must be paid the equivalent of eight (8) hours pay; if the detail exceeds eight (8) hours,
compensation at a rate equal to one and one-half times his/her hourly rate must be paid.

18

Section 2.

Detail Preference. Permanent officers shaH be given preference on all paid

t1

details given out by the department. Details shall be shared as equally as practical among those
permanent officers who volunteer for such work.
Section 3.

All details worked at the premises of an employer where a labor dispute

exists shall be paid at double time the usual rate, with a minimum of four (4) hours.
Section 4.

All details performed in the area of a riot or civil disorder shall be paid at

double the usual rate, with a minimum of four (4) hours.

Section 5.

The City, in accordance with directions from the Internal Revenue Service,

will make every effort to collect amounts due from private parties on account of details worked by
officers under this Section, but the City will not be financially responsible in case such amounts are
not collected or in case the amounts collected are incorrect.
ARTICLE XVI

()

Grievance Procedure
Section 1.

The term "grievance" shall be defined as any dispute concerning the

interpretation or application of this Agreement. The grievance and all awards shall be submitted in
writing.
Section 2.

Grievances shall be processed as follows:

Step One.

The Union shall submit the grievance to the Chief of

Police. The Chief shall answer the grievance within ten (10) days,
excluding Saturdays, Sundays and holidays. If the grievance is not
settled at this step, it shall be referred to:
Step Two.

The Mayor or his/her representatives who has ten (10) days

to answer.

19

~ .~'

""

Step Three.

In the event that all prior steps fail, the grievance may

be submitted to an impartial arbitrator, whose decision is final and

binding. If the parties do not agree upon an impartial arbitrator, the
grievance shall be submitted to the American Arbitration Association,
whose decision shall be final and binding. The fee and expenses
of an impartial arbitrator shall be shared by the parties. However, if in
connection with any grievance filed after April 1, 1985, the arbitrator
determines that the processing of arbitration was caused primarily
by the City's failure to answer at the Mayor's step within the time
limits, without a reasonable excuse, the filing fee of the American
Arbitration Association shall be borne exclusively by the City.

()

Section 3.
(a)

A grievance shall be deemed waived unless:

Submitted to the Chief within fifteen (15) days after the occurrence of the incident

upon which the grievance is based;

(b)

Submitted to the Mayor or his/her representative within five (5) days after the

Chief s answer is due; and

(c)

Submitted to arbitration within twenty (20) days after the Mayor's answer is due.
ARTICLE XVII
Union Business

Section 1.

Time off for Union Business. Duly elected Union officers shall be allowed

reasonable time off without loss of pay to conduct Union Business.

Section 2.

Conventions. Duly elected delegates to be allowed time off without loss of

pay to attend Union and Massachusetts Police Association convention.

20

, "

"

Section 3.

Monthly Massachusetts Police Association Meeting.

One officer on the

';I

Executive Board of the Union will be allowed to attend the monthly meeting on City time if the
meeting is scheduled on that individual's regular work day, if not, s/he shall attend on his/her own
time.

ARTICLE XVIII
Payroll Deduction of Union Dues and Agency Service Fee
Section 1.

The City will deduct the regular Union dues and initiation fees (if any),

including arrearages, from the wages of employees who have authorized such deduction in writing.
Section 2.

Agency Service Fee. Persons covered by this Agreement who are not Union

members shall be required, as a condition of employment, to pay the Union an agency service fee
proportionately commensurate with the cost of collective bargaining and contract administration not
()

to exceed Union dues. The Union agrees to indemnify the City for any financial liability it may
incur in complying with this Section.
ARTICLE XIX
Miscellaneous
Section 1.

The City and the Union shall continue discussions on a physical fitness

program.
Section 2.

Litigation Insurance Reimbursement. Effective July 1, 1986, the City will

reimburse the Union annually the sum of $5,000.00 for a retainer paid to provide legal services to
defend an officer against third-party litigation arising out of his/her employment with the City.
Should an officer engage personal counsel, the provisions of the City bylaw shall apply.

21

..-

-...- . _ - -

Section 3.

Court Time Practice. Court time practice in force on Jlme 30, 1986, with
./1

officers required to attend arraignments, pre-trials, and clerk hearings for a certain number of paid
hours, will continue in force; for the life of this Contract.
ARTICLE XX
Drug Testing
The parties acknowledge that the City's drug testing policy is reflected on "Attachment A"
hereto.
ARTICLE XXI

Duration
The duration ofthis contract shall be from July 1, 2000 to June 30, 2003.

()

FOR THE CITY OF LAWRENCE

FOR THE LAWRENCE

PATROLMEN'S ASSOCIATION

DATE:

DATE:

22

-~----

..

LAWRENCE POLICE DEPARTMENT

GE'NERAL ORDER

NUMBER

DATE ISSUED

.".

xxxx 00,1999
r--------::...,.~------=---..I--------~
SUBJECT:

DRUG TESTING POLICY

I.

PURl'OSE

The misuse or abuse of drugs poses a serious threat to an officer, the Department, and the pUblic
whom w':, serve. Further, employees of the City are visible and active. representatives of the
community where they live and work. They are identified with the City and are expected to
represent it in a responsible and credible fas~on. The City expects its employees to report ,to,
work in a condition to perform their duties. Therefore, the Department has adopted the following
policy.

II.

POLICY
It is the policy of the City that the possession of unauthorized ot',illegal drugs, the misuse onegal
drugs, and the use of drugs while on duty are strictly prohibited'. An Officer who violates these
prohibitions may be subject to discipline, up to and including termination.

An Officer who is found to be using unauthorized or illegal 'drugs, misusing legal drugs, or Who
is using drugs while on duty will be required to participate in a drug rehabilitation, program
approved for that purpose and chosen by the City. Proof of successful completion of the
program will be required. Refusal to participate in the program, lack of successful completion of
the program, or further evidence of drug misuse or abuse will be grounds for summary dismissal
from the City's employment.

m.

PROCEDURES
A. Types. oCTests

1. Pl"e-employment
All prospective candidates to the Lawrence Police Department shall be tested for the use
of drugs. Positive test results will be considered in employment decisions and may be
used as the basis upon which employment is denied.
2. Reasonable Suspicion
Testing must be conducted i=ediately or as soon, as is feasible when a Superior Officer
or Supervisor observes behavior or appearance that is characteristic of drug use or abuse.
Testing for substance abuse may occur upon reasonable suspicion at any time the
employee is on,duty.

0 _ - -_ _ _ _ _ -_ -----

, ., .' 1..i:lwrence Police Department

,~

'"

~t

',"

DRUG TESTING POLICY

Xoa

.Ill3a.~_""""_====="~""==~~=~==~~=~=~=~~=~~=='='~=.;.;..;.~,:.;;,;.
.~

B. Return to Duty and Follow-Up

1. Return toputy

Tests shall be conducted before an individual who has violated the Drug Policy returns to
duty. .
2. Follow-Up ,

.p

Follow-up tests are unannounced. At least six (6) tests applicable to the employee's
violation must be conducted in the [mt twelve (12) months following an employee's
return to duty alter participation in a Program as mandated by the Policy. A Substance
Abuse Professional may require additional drug testing for the employee for a period of
up to sixty (60) months following the return to duty.

C. Conducting Tests
1. Drugs
Drug testing is administered by analyzing the employee's urine specimen and must be
conducted through a certified facility. Specimen collection procedures and chain of
custody requirements will ensure that the specimen's secUrity, proper identification, and

lJ
mtegnty are not comprorrused.
.

()

A split specimen shall be obtaIned and proper split specimen procedures must be
followed both at the laboratory and through the chain of custody.

All urine specimens are analyzed for the following drugs:

Marijuana (THe Metabolite)
Cocaine
Amphetamines .
Barbiturates
Opiates (including Heroin)
Phencyclidine (PCP)
Steroids
Testing is conducted using a two-stage process. First, a screening test is perfotrned. If
the test is positive for one or more of the drugs, a confinnation test is performed on the
same urine sample.
All drug tests and results are reviewed and interpreted by a physician designated as the
Medical Review Officer (MRO) before they are reported to the Chief. If the laboratory
reports a positive result to the MItO, the MRO will make all reasonable attemp ts to
contact the employee and to conduct an interview to determine if there is acceptable,
alternative medical explanation for the drugs found in the urine specimen. If the MRO
determines that the drug use is legitimate, the tests will be reported to the Chief as a
positive result, but with the ?fRO's explanation.

Page 2 of4

, ",;:;J~~rence Police Department

DRUG TESTING POLICY XOO

5. All final candidates for employment with the Department will be given a copy of this
policy.

G.

Record-Keeping
The Department' will maintain detailed. confidential records about its drug prevention
program a,1d th ...e who test positive. Test results andother confidential information shall
only be released to the Chiefs Office, a substance abuse professional, the MRO and any
arbitrator selected to decide a case invoI'fing this policy. My other release, of
information will only be with the affected emp!oxee's prior written consent.

, 8y'arder of.
John J. Romero
Chief of Police

.'

. .

Page40f4

- - - - " - " - -

Lawrence Police Department

90 Lowell Street
Lawrence, l1vfassachusetts 01840 .
(978) 794-5900

Q
John J. Romero
Chief of Police

February 28,2001
Officer Richard O'Connell, President
Lawrence Patrolmen's Association
Lawrence Police Department
90Lowell Street
Lawrence, MA 01840
Re: General Order: Drug Testing Policy
Dear Officer 0' Corinel!:
As we discussed during negotiations, this letter confirms that the City of Lawrence
("City") interprets the term "reasonable suspicion" in its Drug Testing Policy to be synonymous
with the term "probable cause."
Please signify the Association's agreement by signing below.
Thank you for your cooperation in resolving this matter.

ACCEPTED AND AGREED:

~A-1;;~/
Ric
. , Connell, President
Lawrence Patrolmen's Association

19/372730.1

MEMORANDUM 01 \ "

EMENT

The City of Lawrence ("City") and the Lawrc:h, I .. )lmen's Association ("Union")
hereby agree as follows:
I.

The terms of the collective bargainin",

Union, effective July I. J 998 to June'
set forth herein.

ent between the City and the

. shall continue to apply except as

2.
Article XXI (Duration) shall be amenl. "
to June 30, 2003 ..

'oviding a duration of July 1,2000

3.
Article XIII (Compensation), Section:
3.00~) "'age increase effective July I, 2000. a 3.0% \>.L.
3.0% wage increase effective July 1,2002. resulting:

s) shall be amended to provide for a

July 1,2000:

S37,442.18

July 1,2001:

S38,565.44

July 1,2002:

S39,722.4 J

4. Articl~III (Compensation). Section]. (I

1, 200y'oy increasing the percentage incr,

by an additional 0.50% at 30 years of sen
schedule as of July 1, 200t).;
~
'Years of Service

:ase effective July 1,2001, and a

.Iowing wage rates:

/. solo
~be
~

.') s

amended effective July

at 25 years of service and
Iting in the following longevity

lry Schedule***

5
6

.7
.9

2
4
7
9

8
9
10
11
12
13
14
15

7
.9
1

16

17
18
19
20

.7
.9
2

.4

~--.-----

._---

..

.7

21
22
23
24
25-29
30 or more

.9

, .2
.4
~
~

5.
Effective July I, 2002, Section 9 (Hal.
(Coillpensation) shall be eliminated, but the amount.
rolled into base pay.
6. Article V (Hours of Work), Section 2(a) (I

I. 2000 by increasing the differential by I % (to 8%)_

increasing the differential by 1% (to 9%). and shall b .
increasing the differential by 1% (to 10%). Officers: ,'.
the equiqllent dollar amount of the I % differential ill
di fferential increase effective July 1,200 I and the I u.
1002.

?S

'1,0

:s Juty Pay) of Article XIII

r: zardous Duty stipend shall be

. ci ial) shall be amended effective July

. b amended effective July 1,2001 by

:~n :d effective July 1,2002 by
't lie for differential pay shall receive
-,: :Tective July 1,2000, the 1%
':2r :Ilial increase effective July I,

. h. .lmended effective July 1,2001 as

follows: employees will continue paying" ' 0: he premium cost for Master

7. Article XIV (Group Insurance Coverage) -

ivledical coverage, and employees will be

other health plans, includIng HMO Blue. :
(

8. Effective July I, 2002, Article XIl (Sick I

Leave), Section 2 shall be amended by ch.

9. Effective July 1,2001, .Article XV (Outsi ...
other Paid Details) shall be amended by p
hour rate for road details and other private
hour rate on Saturday, and a forty dollar (' .
holidays, and by eliminating the last sentc' ,

.: \
:1

_. 1

.g 10% of the premium cost of all

Inc. and Harvard Pilgrim.

.~ns,

,~i~, Speoi,] Lwo ,,' Do"h _

g :;00 days" to "400 days."

.'), Section I (Road Details and

:-or a thiny-two dollar (S32.00) per
: l~ a thirty-five dollar ($35.00) per
0: ler hour rate on Sundays or
.f ,~ section .
'ta
,II

10.
This Agreement is subject to ratificati . , tl : bargaining unit, which vote shall
occur no later than fifteen (15) days from signing, an.' " :, : .eh ratification becomes binding
upon the parties on its effective date.
The signatures below ofthe Citv's and Union
reneet each party's agreement to the abo\'e temls 011.
LAWRi

le, ive, authorized representatives

->1. day of February, 2001.
. I \ TROLMEN'S ASSOCIATION

/i .4rA~'"'~"J~
By:

-2-

.'"

'.'

.,

",

Approved as to form:

()
By:

()

-3-

.. ~ A.

':'. ~

.
LAWRENCE POLICE DEPARTMENT

()

GENERAL ORDER
NUMBER

DATE ISSUED

SUBJECT:

ADMINISTRATION OF PAID DETAILS

I.

PURPOSE
To establish a process for the assignment, on a volunteer basis, of paid details and to ensure that
all details arc approved by the Chief of Police.

II.

DEFINITIONS
Decail, Special Decail, Private duty

- used interchangeably, referring to police officer

assignments outside of regular Department duties. These assignments may be requested by a

vendor, private organization or individual, by another City department, or other government

agency. These assignments are made available to police officers on a voluntary basis.

()

Vendor - refers to the organization or entity, whether public or private, which requests the
assignment of a police officer and will be billed for the service.
Police OfJiccr - Sworn Officers of the Lawrence Police Department, not including Auxiliaries or
Reserves.
.

De/(II/ RClle - tbe rate of pay for a Police Officer on a detail. This rate is set by the applicable
Collective Bargaining Agreement.

Office of Paid Decails, or Detail Office - An office, under the Chief of Police, set lip to assign
and manage all paid details for officers of the Department.

PriWlle Securicy Work - Any type of "security service" that is not administered by the Office of
Paid Details.

L'tll\r-r~ tv.."", \~s

e,avs "..,c!. v-1j Wc (,S.s

. tles/cv-vc,vvfJ

HI. PROHIBITION ON PRIVATE DETAILS

7Voi~~ btW <-\r

\Ir-,v'Y'J f V-,1.(1 Y J .

Elfcctive MIlY J2, J999, no Officer of the Lawrence Police Department may work a paid detail
of allY kind, including, but not limited to, road work, theater, construction. liquor. school, charity,
factory, hospital, that has not been approved by the Chief of Police. The billing of and payment
of all paid details shall be handled through the Office of Paid Details, under the direction of the
Chief of Police.

"pI

Lawrence Police Department

.

()

ADMINISTRATION OF PAID DETAILS-XOO

Additionally, Massachusetts Genera! Law Chapter 268A Section 23 (b)(l) prohibits police
officers from providing private security services within a municipality outside of the
municipality's special detail system. Accordingly, any officer who works any type of "security
service" that is not administered by the Office of Paid Details will be in violation of this law.

IV. ASSIGNMENT TO PAID DETAILS

A.

The President of the Patrolmen's Association or hislher design~e shall be responsible for
the fair and equitable assignment of details for members of the Patrolmen's Association:
The Details Office shall assist the 'President of the Patrolmen's Association or hislher
designee in the fair and equitable assignment of details for members of the Patrolmen'S
Association. The Police Chief or hislher designee shall assist the Detail Office and the
President of the Patrolman's Association in the fail and equitable assignment of details
for members of the Superior Officers Association. The Chief of Police retains ultimate
responsibility for the assignment of details consistent with this policy and the law.

B.

The Detail Offlce shall assist the President of the Patrolmen's Association in the fair and
equitable assignment of details for members of the Superior Officer's Association.
Superior Officers are usually assigned when three or more members of the Patrolmen'S
Association are assigned to a detail or when the detail cannot be filled by using members
of the Patrolmen' 5 Association.

C.

Patrolmen wishing to work paid details must submit a Request to Work Petnlls FOI'I1I.
The Request to Work Details Form will be submitted to the Patrolmen'S Association who
will be responsible for submitting an Availability List of officers to the Office of Paid
Details not later than Tuesdav of the week preceding the week thev will be available for
said detail.

D.

If three or more officers are assigned to a private detail, one must be a member of the
Superior Officers Association and act as the supervisor.

E.

The Detail Office will fill all detail requests and post them by Friday on the week
preceding the detail.

F.

All vendor detail requests that come in to the Detail Office after the list is published will
be filled first from the available list and will then be offered, on a fair and equitable basis,
from a Department call down list.

G.

Officers who work a Paid Detail are required to complete a "Request for Payment Form"
at the completion of the detail - or upon their return to duty. All fornls must be
submitted to the Detail Office.

H.

Officers working I.!censed Premises shall be rotated. Officers arc prohibited fron:
working at the same Licenscd Premise within an 8-dBY period, withollt the approval OJ
lhe Chief of Police. (This means, for example, that an Officer working a detail at B

( )

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Lawrence Police Department

Lieensed Premise on a Friday night, cannot work at the same Licensed Premise sooner
than Saturday of the following week.)

o
V.

\.

ADMINISTRATION OF PAID DETAILSXUU

1.

Officers who are on Injured Leave, Administrative Leave with pay, or suspended, shall
not be eligible to work Paid Details.

J.

Paid Road Details that the Department is unable to fill may be offered to the Superior
Officers and then the State Police. Auxiliary Officers sball not be allowed to work paid
details.

WORKING PAID DETAILS

A.

All Paid Details will be paid at the current rate agreed upon in the appropriate Collective
Bargaining Agreement with the exception that officers may voluntarily agree to work
certain ''Not for Profit" at a lesser rate agreed upon by the vendor and the Officer. A
separate list will be kept for officers who are willing to work "Not for ProHt".

B.

Whcn working Paid Details, Officers must:

Provide public and site safety;
Remain at the work site, except to perfonn law enforcement duties, or at tht! direction
of the vendor, or in case of personal necessity;
Wear the proper uniform, as approved by the Chief of Police; and
Maintain radio contact with the station.

c.

All existing nIles and regulations, General Orders, and Policy and Procedures in effect
within the Department shall apply to Officers working Paid Details.

D.

Offtcers must call into the station When reporting for work at a detail. The Call-Taker or
ofliccr who tak.es the call shall ma.lce a log entry in the CAD system. The log entry must
include the officer's narne, location of the detail, hours to be worked, and the officer's
portable radio number.

E.

Officers are strictly prohibited from working more than 16 consecutive homs of Paid
Details, work shifts, court time, or any combination of shifts within any 24 hour period
unless authorized by a captain or above.

F.

Officers arc prohibited from personally re-assigning or swapping details that they cannot
work. All details must be turned in to the Detail Office for Te-assignment by the
President of the Association, who will assign them on II fair and equitable basis.

G.

The practice of allowing officers to return to a detail location after reponing for regular
duty is prohibited

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Lawrence Police Department

ADMINISTRATION OF PAID DETAILS-XOO

VI. PAID DETAILS SUPERVISOR

Internal Affairs I Integrity Control Officer shall, in addition to checking all paid detail sites,
monitor all Licensed Premises within the city limits to ensure that 110 officers are working
without authorization.
.
.

TIIC

All Officials s11all be responsible for:

Monitoring officcrs assigned to paid details;
Inmlcdiately addressing any violation they observe (i.e. out of uniform, absent from detail
site, etc.)
Documenting all violations and reporting them to the Chief of Police.

VII. PAYMENT FOR DETAILS

( )

A.

No Officer may receive a direct payment of check or cash from any vendor. All payment
for details worked will be made directly to the City of Lawrence. Any officer found in
violation of this regulation shall be subj ect to disciplinary action.

B.

All vendors will be charged a lO%.administrative fee billed to them by the Detail Office.

C.

Any vendor who requests an Officer for a Paid Detail should be referred to the Detail
Office at (978) 794-5900 ext. 608.

D.

Overlapping detail hours with scheduled working hours, court time, or other paid homs is
prohibited. Officers cannot and will not be paid for working simliltal1cously or
overlapping at any two locations (i.e. working a detail and going to court, or working a
regular shift and being paid from a vendor for a detail.)
~lrictly

E.

The Detail Office will be responsible for billing all verldors and ensuring payment for the
hours worked to all officers.

Officers found in violation of this directive are subject to disciplinary action.

VIII. GIUEVANCES
Grievances arising from assignment of Paid Details by the Association President or hisfher
dcsignee shall be the sale responsibility of the Association and shall not be subject of the
Collective Bargaining Agreement Grievance procedure.

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Lawrence Police Department

;.i'

90 Lowell Street
Lawrence, Massachusetts 01840
(978) 794-5900

John J. Romero
ch.if ofPoil

February 28, 2001

Officer Richard 0' Connell, President
Lawrence Patrolmen's Association
Lawrence Police Department
90 Lowell Street
Lawrence, MA 01840
Re: General Order: Drug Testjng Policy
Dear Officer O'Connell:

()

As we discussed during negotiations, this letter confirms that the City of Lawrence
("City") interprets the term "reasonable suspicion" in its Drug Testing Policy to be synonymous
with the term "probable cause."
Please signify the Association's agreement by signing below.,
Thank you for your cooperation in resolving this matter.

Sincerely,

,
'Connell, President
Lawrence Patrolmen's Association

19/372730.1

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Lawrence Police Department

90 Lowell Street
Lawrence, Massachusetts 01840
(978) 794-5900

o
John J. Romero
Ch,1ofPoII"

February 28, 200 I

Officer Richard 0' Connell, President
Lawrence Patrolmen's Association
Lawrence Police Department
90 Lowell Street
Lawrence, MA 01840
Re: General Order: Administration of Paid Details
Dear Officer O'Connell:

.
I

()

""'~---'I~:'"

This letter serves to confirm the agreeme:ftofthe Lawrence Patrolmen's Association

("Association"), effective immediately upon nl'fiel!Lioll of the July I, 1998 to June 30, 2000
collective bargaining agreement with the City of Lawrence ("City"), to the City's issuance and
implementation of the attached General Order entitled "Administration of Paid Details."
Please signify the Association's agreement by signing below.
Thank you for your cooperation in resolving this matter.

Sincerely,

ACCEPTED AND AGREED:

?'<J.

(~~~~
~

. 'Connell, President
Lawrence Patrolmen's Association

19/3727JO. 1