Superior Officers

Lawrence Police Superior Officers Association

" .

Settlement Agreement Between

Lawrence Police Superior Officers Association And

City of Lawrence September 29,2008

The Lawrence Police Superior Officers Association (Association) and the City of Lawrence (City) hereby agree to the following terms and conditions of settlement of a collective bargaining agreement to succeed the agreement expiring on June 30, 2007. This settlement shall extend the tenus and conditions of such collective bargaining agreement except as modified herein, and shall become effective, except as otherwise indicated herein, upon the date of its ratification by the membership of the Association .

, 1.

Duration

. ARTICLE XXI, shall be amended to read:

The duration of this contract shall be from July 1, 2007 to June 30, 2010. Either party wishing to terminate, . amend, or modify this agreement must so notify the other party in writing no more than one hundred and fifty (150) days nor less than one hundred and twenty (120) days prior to the expiration date. ,Within five (5) days of the receipt of such notification (by either party) a conference shall be held between both the City's and the Association's negotiating committees, for the purpose of discussing such amendment, modification or termination. If no agreement is reached by June 30, 2010.then the terms of this Agreement shall continue in. effect during negotiations thereafter, and any successor Agreement will be retroactive to July 1,2010.

2.

Compensation

ARTICLE XIII, Compensation shall be amended:'

(a) At Section Ia, Wages, by deleting the existing dates/increases and substituting the following:

January 1,2008 one and one half (1.5%) percent.

June 30,2008

one and one half (1.5%) percent.

January 1,2009 one and one half (1.5%) percent.

June 30,2009

one and one half (1.5%) percent.

January 1,2010 three and one half (3.5%) percent.

(b) At Section 1 b, Wages, by deleting the existing schedule and substituting:

1. January 1,2008
Yearly Weekly

Sergeant 53,655.91 1,031.84
Lieutenant 62,777.53 1,207.26
Captain 73,449.11 1,412.48
2. June 30, 2008
Yearly Weekly

Sergeant 54,460.75 1,047.32
Lieutenant 63,719.20 1,225.37
Captain 74,550.85 1,433.67
3. January 1,2009
Yearly Weeldy

Sergeant 55,277.66 1,063.03
Lieutenant 64,674.99 '1,243.75
Captain 75,669.11 1,455,.17
4. . June 30, 2009 Yearly

Weekly

Sergeant 56~106.82

Lieutenant 65,645.11

1,262.40

Captain 76,804.15

5. January 1,2010
Yearly Weekly

Sergeant 58~070.56 1,116.74
Lieutenant 67,942.69 1,306.59
Captain 79,492.30 1,528.70 (c) Add a new Section 11> Taser Stipend, to read:

The City agrees to pay each Superior Officer in the bargaining unit a lump sum stipend of eighthundred and fifty dollars ($850.00) for training and certification in the use of Taser equipment. The parties agree that the Department shall undertake training as soon as possible but in any event such training and certification for Superior Officers shall be completed within forty-five (45) days after this agreement becomes effective.

3, Critical Incidents· By adding new ARTICLE XXII to read:

No Superior Officer covered by this agreement and directly involved as a participant in a critical incident shall be ordered to submit to an interview or generate any report following the occurrence of a critical incident until forty-eight (48) hours have elapsed and no Superior Officer shall be ordered or required to respond to questions or inquiries during the forty-eight (48) hour decompression period. Notwithstanding the preceding sentence, the participant officer shall consult with an L.P.S.OA designated steward whose role will be

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to transmit information to the City to enable it to ascertain what has occurred and to take such action as it may deem necessary. For purposes of this article, the terms "critical incident" shall mean any on-duty incident involving death or serious bodily injury to a police officer or civilian or any other incident involving discharge of a firearm. "Directly involved as a participant" shall mean any Superior Officer responsible for (1) inflicting the force, or discharging a weapon, that caused the death or serious bodily injury to a civilian or police officer, or (2) the discharge of his or her firearm.

4. Personnel Records By adding a new article XXIII to read:

Superior Officer's personnel files shall be maintained Under the following circumstances:

(a.) No material derogatory to a Superior Officer's conduct, service, character, or personality shall be placed in the files unless the Superior Officer has had an opportunity to read the material. The Superior Officer shall acknowledge that he or she has read such material by affixing his or her signature on the actual copy to be filed, with the understanding that such signature merely signifies that he or she has read the material to be filed. Such signature does not necessarily indicate agreement with its content.

(b.) The Superior Officer shall have the right to answer any material filed and his or her answer shall be reviewed by the Personnel Manager and attached to the file copy.

(c.) Upon request by the Superior Officer, the Superior Officer shall be given access to his or her file without delay.

(d.) Upon receipt of a written request, the Superior Officer shall be furnished a reproduction of any material in his file.

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5. Paid Details By amending ARTICLE XV to read:

(a.) Effective July 1, 2009, the hourly detail
rate for Superior Officers shall increase to
$40.50 during the week and to $45.50 on
weekends. For the purpose of this
section, weekends shall be defined as the time
period between 5:00 p.m. on Friday and
11:59 p.m. on Sunday.
(b.) Effective July 1,2009, the hourly detail rate for
Superior Officers shall increase to $50.00 on
holidays.
(c.) Effective July 1, 2009, any Superior Officer shall
receive $15.00 per hour in addition to the detail
rate provided above for any detail in which he or
she is in charge. (See Article XV, Section Id.)
(d.) When three officers are assigned to a private
detail, the third officer must be a Superior
Officer, who will be in charge.
6. Daly Award Settlement of Litigation

The L.P.S.O.A. and the City agree that with respect to
the matter known as the Daly' Decision (American
Arhitration Association Case No. 11390-01883-05) the
City has offered to pay to Superior Officers, and the
Superior Officer's Association has accepted, the same
benefit on the same terms and conditions (Gr. Base Pay
Differential on a prospective basis) outlined in the
agreement between the L.P.A. and the City.
7. Training Day ARTICLE VI, shall be aniended at Section 4 to read: The Department will schedule at least three (3) dates, per fiscal year, in which to conduct a Lawrence Police Department in-service training. The purpose of the

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Sick Time

training will be to update Superior Officers on rules, regulations, and policy changes specific to the Lawrence Police Department. All Superior Officers are required to attend one training day per fiscal year.

ARTICLE XII, Sick Leave shall be amended:

(a) By designating the existing language as Section 3(a) and adding a new SectionJb. to read:

Effective July 1, 2008 the three-hundred (300) day cap defined under Section 3a. is expanded to fourhundred (400) days for as many as two (2) Superior Officers, per fiscal year. To qualify for the

expanded benefit, a Superior Officer must declare his or her intent to retire by March 1st of the previous fiscal year. If more than two (2) Superior

Officers declare their intent to take advantage of the expanded benefit only the two (2) most senior Superior Officers will qualify (for the purposes of this provision seniority will be defined by a Superior Officer's permanent appointment date to the rank of Patrolman and in the event of a tie the earlier date of birth shall prevail). A Superior Officer who declares his or her intent to retire under this provision (Section 3b.) and later withdraws his or her application for retirement is specifically prohibited from re-applying, unless in a subsequent year two (2) Superior Officers fail to

apply. The foregoing sentence shall not apply to a Superior Officer who withdraws his application for rerirement only because two more senior Superior Officers qualified for this expanded benefit in the same year, thereby rendering other Superior Officers ineligible for the expanded benefit. If a Superior Officer, who otherwise would have qualified, dies or is forced to retire due to an injury suffered in the line of duty, he or she (or his or her heirs) will qualify for the expanded benefit.

(b) By adding a new Section 3c. to read:

Effective July 1, 2008, each Superior Officer who does, not use a sick day during a rolling six (6) month period shall be awarded either on.e (1) compensatory day on

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following month or one (1) day of pay at the Superior Officer's option. All Superior Officers who qualify under this provision shall notify the payroll clerk of their application for the compensatory day or for pay in lieu thereof within sixty (60) days of qualification.

(c) By adding a new Section 8 to read:

Any Superior Officer whom is absent for five (5) or more consecutive working days may be required by the City to submit satisfactory proof of illness prior to receiving sick pay. If a Superior Officer remains out of work on sick leave for greater than thirty (30) consecutive working days, the Chief reserves the right to receive an updated doctor's certificate at his or her discretion. If a pattern of sick leave abuse exists, of which the Superior Officer has been warned, the City may take appropriate disciplinary action following an investigation by the Chief or his or her designee.

(d) By adding a new Section 9 to read:

Any Superior Officer who has taken sick leave cannot accept voluntary overtime or a paid detail for at least fifteen and one half (15.5) hours after their missed shift.

9.

Wellness

At ARTICLE XN, add a new Section 4. to read:

Effective July 1,2008, Superior Officer's may (at the discretion of their supervisor), choose to utilize the inhouse Fitness Center, for a period of thirty (30) minutes, in lieu of a lunch or dinner break.

This agreement is tentative and subject to ratification by the members of the bargaining unit represented by the Lawrence Police Superior Officer's Association.

By:

For the Association

,jdAJ1}~

Sc#J. McNamara L.P,S.O.A. President

Witnessed By:

42wG=-

City Attorney

Settlement Agreement Between

Lawrence Police Superior Officers Association And

City of Lawrence.

September 29, 2008

The Lawrence Police Superior Officers Association (Association) and the City of Lawrence (City) hereby agree to the following terms and conditions of settlement of a collective bargaining agreement to succeed the agreement expiring on June 30, 2006. This settlement shall extend the tenus and conditions of such collective bargaining agreement except as modified herein, and shall become effective, except as otherwise indicated herein, upon the date of its ratification by the membership of the Association.

1.

Duration

ARTICLE XXI, shall be amended to read:

The duration of this contract shall be from July 1, 2006 to June 30, 2007.

2.

Compensation

ARTICLE XIII, Compensation shall be amended:

(a) At Section Ia, Wages, by deleting the existing dates/increases and substituting the following:

June 30, 2007

one and one half (1.5%) percent.

(b) At Section 1b, Wages, by deleting the existing schedule and substituting:

1. June 30th, 2007
Yearly Weekly
Sergeant 52,862.97 1,016.59
Lieutenant 61,849.79 1,189.42
Captain 72,363.66 1,391.61 3.

Vacations

(c) At Section ld., by adding the following language:

Section Id. Step Increases.

Effective July IJ 2006 each Superior Officer who qualifies based on years of service for the City of Lawrence shall receive an additional base wage increase in the following amounts:

At 30 years of service for a total of 2.5%.

= .5% base wage increase

(d) At Section 2., Longevity, by amending the schedule effective July 1 , 2006 at the last two categories to read:

Years of Service

% of Salary Schedule

25~29

30 or more

9.00% 9.50%

(e) At Section Sc. by amending to read:

Breakfast

$6.00

Lunch

$10.00

Dinner

$15.00

ARTICLE VIII, Vacations shall be amended:

(a) By amending Section 1 to read:

Effective July 1J 2006, and in accordance with City of Lawrence Ordinance 2-106, vacations with pay shall be granted annually to Superior Officers based on length of service as follows:

1" through 5 years continuous service 5 through 10 years continuous service

=10 working days. =15 working days.

10 through 15 years of continuous service =20 working days. 15 through 20 years of continuous service =25 working days. 20 through 21 years of continuous service =28 working days. 21 through 22 years of continuous service =29 working days. 22 or more years of continuous service =30 working days.

(b) Amend Section 2, to read as follows:

Section 2. Scheduling of Vacation time and other time off.

a. Vacation periods shall be selected within the Division or Platoon in order of rank, and within rank, in order of seniority based upon the date of appointment to

the rank. If two Superior Officers were appointed on the same date, then the order of the next lower rank, etc. shall control, and if identical, the Superior Officer with the earlier date of birth shall have prior selection. All vacation weeks must be selected by seniority by March 31 in any year, and after that date, will be selected in accordance with section 2b.

b. With respect to individual days off (not vacation weeks as defined under section 2a.) whether or not scheduled prior to March 31st of the year, a sixty (60) day bumping rule shall apply. Outside of the sixty (60) day period a senior Superior Officer (as defined under section 2a.) may bump a junior Superior Officer from a scheduled day off. Within the sixty (60) day period there shall be no bumping rights. For the purposes of this section individual days off is meant to refer to either vacation days, compensatory days, or personal days.

(c) Amend Section 6, by adding a new Section 6d. to read:

Any Superior Officer intending to sell back one (1) week of vacation shall inform the payroll clerk in

writing by May 1st. .

4. Clothing Allowance ARTICLE X, shall be amended by modifying the first (1 st)

sentence of the paragraph as follows:

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Effective July 1, 2006, a clothing and cleaning allowance of twelve hundred dollars ($1,200.00) for the fiscal year shan be given to all members of the Lawrence Police Superior Officer's Association who may be required to wear uniforms on duty.

5. Litigation Reimbursement ARTICLE XIX, shall be amended to read:

Effective July 1,2006, the City will reimburse the Association annually fifty (50%) percent for the premium paid to provide outside legal services to defend a Superior Officer against third-party litigation arising out of his or her employment by the City itself. A Superior Officer shall be free to choose his or her own attorney, provided however, this provision shall be considered as complete performance by the City of any legal or moral obligation to indemnify the cost of lawyer's fees in defense of third-party claims.

This agreement is tentative and subject to ratification by the members of the bargaining unit represented by the Lawrence Police Superior Officer's Association.

For the City of Lawrence

For the Association

IVan Mayor, City of Lawrence

(fl~

Scott J. eN amara L.P.S.O.A. President

By:

Witnessed By:

~2&

City Attorney

(

COLLECTIVE BARGAINING AGREEMENT

between the

CITY OF LAWRENCE

and the

THE LAWRENCE POLICE SUPERIOR OFFICER'S ASSOCIATION

July 1, 2002 - June 30, 2006

Table of Contents

Article I Recognition and Union Security page 4
Article II Management Rights pageS
Article III Retention of Civil Service Rights page 6
Article IV Duties page 6
Article V Hours of Work page 6
Article VI Overtime Pay page 8
Article VII ., Court Time page 9
Article VIII Vacation page 10
Article IX Holidays page 12
Article X Clothing and Cleaning Allowance page 14
Article XI Residence page 14
Article XII Types of Leave page 14
Article XIII Compensation page 16
Article XIV Group Health Insurance page 21
Article XV Outside Details page 22
Article XVI Grievance Procedure page 23 2

Article XVII Miscellaneous page 24
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Article XVIII Staffing page 24
Article XIX Litigation Insurance Reimbursement page2S
Article XX Drug Testing Policy page2S
Article XXI Duration page 29 3

PREAMBLE

Pursuant to Chapter 1078 of the Acts of 1973, the City of Lawrence C'the City")

and the Lawrence Police Superior Officer's Association, an independent 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 Police Superior Officer's Association as the sale and exclusive bargaining agent for all the City's Captains, Lieutenants, and Sergeants.

Section 2. Union4-ctivity 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. Time Off for Union Business.

a, One hundred (100) tours of duty per fiscal year will be established as a bank for time off for Union business conducted during off-duty hours, effective July 1, 1987. The minimum draw for any function shall be one (1) tour.

b. Five (5) elected Union officials will be eligible to draw against the bank:

1. President

2. Secretary Treasurer

3. Three (3) Stewards

c. '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.

d. In order to be eligible to draw against the bank, an eligible Union Official must give reasonable notice to the Chief or his/her designee of his/her intent to devote an off duty tour to one of the functions listed in the

4

preceding paragraph. The Chief or hislher designee 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 Chief or hislher designee, 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 (6) months.

e. This Section 3 shall neither enlarge nor diminish the obligation ofthe City to grant compensatory time for time accrued prior to the ratification date of this agreement.

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. Titles.

When the following titles appear and are used in this agreement, they shall mean:

a. City - City of Lawrence.

b. Mayor - Mayor of the City of Lawrence.

c. Chief - Chief of Police of the City of Lawrence.

d. Officers - Captains, Lieutenants, Sergeants.

e. Union - Lawrence Police Superior Officer's Association.

f. Association - Lawrence Police Superior Officer's Association.

g. Agreement - Collective Bargaining Agreement.

ARTICLE II

Management Rights

Section 1.

This Agreement has not been designed to violate any Federal or State laws, nor shall anything in the Agreement be interpreted as diminishing the rights of the City to determine and prescribe the methods and means by which its operation of the Police Department shall be conducted, including the right to issue from time to time reasonable rules and regulations, except as may be provided by this Agreement.

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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.

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 duties of the Officers of the Lawrence 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 Union agree, except in case of an emergency which may only be called by the following persons in this order: Mayor or Chief.

ARTICLE V

Hours of Work

Section 1.

The Lawrence Police Department and the City have adopted the so-called 4-2 system, which provides that an Officer shall work four (4) days in a row, shall be off for two (2) days, and shall then resume hislher 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,

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'I I'

Section 2.

a. The regular hours of work shall be as follows:

Platoon I:

1 :00 AM to 9:00 AM

Platoon II:

9:00 AM to 5:00 PM

Platoon III:

5:00 PM to 1:00 AM

b. Effective July 1, 2002, Officers assigned to work on Platoon I and Platoon III shall be paid a differential of ten percent (10%) over and above their base pay. The term "base pay" for the purpose of the so-called night differential only shall mean the salary schedule established in Article XIII, Section 1, and in addition, 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 apply to nothing else.

c. Effective July 1,2005, Officers assigned to work on Platoon I and Platoon III shall be paid a differential of eleven percent (11 %) over and above their base pay. The term "base pay" for the purpose of the so-called night differential only shall mean the salary schedule established in Article XIII, Section 1, and in addition, the career incentive benefit. The definition of the term "base pay" herein, shall be applicable only to the calculation of the night shift differential, and shall apply to nothing else.

d. The City of Lawrence agrees to abide by the grievance settlement dated June 21, 1999, which effectively stated:

"Effective July 5, 1998, Officials assigned to Platoon II (day shift) who have not been paid shift differential to date, shall receive shift differential for hours of work. Settlement of this grievance shall not affect the pay of Officials assigned to Platoon II who currently receive the shift differential."

Section 3. Shift Selection.

a. Captains and Lieutenants are entitled to express their preference for Platoons or Divisions in accordance with seniority in rank. The Chief at his/her discretion shall act upon said preference.

b. Sergeants shall be entitled to express their preference for Platoons in accordance with seniority in rank. Such request shall be binding on the City and the Lawrence Police Superior Officer's Association. Said requests shall be submitted in February of each year, and become effective March first (1 st) of said year. The City shall make assignments within the Platoon or Division.

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Section 4. Defmition of Seniority.

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Seniority is defined as length of service within rank. In the case of a tie, the earlier date of appointment to the next lowest rank shall prevail. If still tied, the next lowest rank (etc.) shall prevail. If still tied, the earlier date of birth shall prevail.

Section 5.

The regular workweek will start on Sunday at 12:01 AM.

ARTICLE VI

Overtime Pay

Section 1. Rate of Overtime Pay.

a. A Superior Officer shall be compensated for all work performed over and above his or her regular tour of duty at an hourly rate computed on the basis of one and one-halftimes his or her weekly salary divided by forty.

b. Weekly salary for the purposes of calculating overtime pay is defined as Base Pay (see Article XIII, Section 1 b.) plus applicable Career Incentive Pay and Shift Differential Pay. Administrative Differential Pay is specifically excluded from this provision.

c. For the purpose of calculating hourly overtime pay the following fonnuia shall be utilized:

Hourly Overtime Pay = B * (1 + C) * (1 + S) /40. * 1.5

Variable Key

B = Weekly Base Pay

S = Shift Differential Pay C = Career Incentive Pay

Section 2. Call-in Pay.

Officials, who are called into work at times other than their regular tours of duty, shall be given a minimum of four (4) hours pay at time and one-half(I-1I2). The fifteen (15) minutes prep time, however, is excluded from this provision.

Section 3. Equitable Distribution of Overtime.

Overtime in excess of regularly scheduled hours shall be equally distributed among regular Officials on a voluntary basis. A refusal of overtime shall be treated as time worked for purpose of overtime sharing. A list showing overtime worked and refused

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shall be kept current and shall be available for inspection by a representative of the Union.

Section 4.

The Department shall schedule one (1) training day, Monday through Friday. Employees called in on their day offwill be paid time and one-half.

ARTICLE VII

Court Time

Section 1. Criminal Cases.

a. Officials 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, the following travel time shall be paid:

1. Salem and Newburyport - one (1) hour.

2. Elsewhere - actual time.

3. No travel time will be paid for travel within Lawrence.

b. For the purpose of calculating hourly Court Time Pay the following formula shall be utilized:

Hourly Court Time Pay = B * (1 + C) * (1 + S) I 40.

Variable Key

B = Weekly Base Pay

. S = Shift Differential Pay C = Career Incentive Pay

c. Effective January 1,2006, Officials 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 the overtime rate then in effect in addition to the travel allowance. A minimum of three (3) hours shall be paid. In addition, the following travel time shall be paid:

1. Salem and Newburyport - one (1) hour.

2. Elsewhere - actual time.

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3. No travel time will he paid for travel within Lawrence.

d. Effective January 1, 2006, for the purpose of calculating hourly Court Time Pay the following formula shall be utilized:

Hourly Court Time Pay = B * (1 + C) (1 + S) /40. * 1.5

Variable Key

B = Weekly Base Pay

S = Shift Differential Pay C = Career Incentive Pay

Section 2.

Officials, who are required to attend such proceedings as Inquests, Autopsies, and Registry of Motor Vehicle Hearings, etc., shall be paid in accordance with Article VI, Section 2.

ARTICLE VIII

Vacation

Section 1.

a. In accordance with the City of Lawrence Ordinance 2~ 1 06, vacations with pay shall he granted annually to Officers based on length of service as follows:

1. 2. 3. 4.

1 through 5 years continuous service

5 through 10 years continuous service 10 through 20 years continuous service 20 years or more continuous service

=10 working days. =15 working days. =20 working days. =25 working days.

b. Effective July 1,2003, Superior Officers with 15 years of service, but fewer than 25 years of service, shall receive 25 working days of vacation; Superior Officers with 25 or more years of service shall receive 30 working days of vacation.

c. Effective July 1,2005, and in accordance with City of Lawrence Ordinance 2-106, vacations with pay shall be granted annually to Superior Officers based on length' of service as follows:

1 through 5 years continuous service 5 through 10 years continuous service

10 through 15 years of continuous service 15 through 20 years of continuous service 21 through 22 years of continuous service

=10 working days. =15 working days. =20 working days. =25 working days. =26 working days.

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22 through 23 years of continuous service 23 through 24 years of continuous service 24 through 25 years of continuous service 25 years of continuous service

=27 working days. =28 working days. =29 working days. =30 working days.

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 rank. If two officers were appointed on the same date, then the order of next lower rank, etc. shall control, and if identical, the Officer with the earlier date of birth shall have prior selection, All vacation time must be selected by seniority by March 31 in any year, and after that date, will be picked on a first come first serve basis.

Section 3. Vacation Period.

a, - The vacation period shall run tlrroughout the calendar year. No more than one official from each Platoon or Division shall be assigned a vacation during each week, if requested, During the period in which the Officials days off appear during his/her vacation period other Officials may select personal days, time owed days, and third, fourth, fifth, and sixth weeks vacation days, for this will be in keeping with the rule of no more than one official scheduled off at the same time.

b. . The first ten working days vacation shall be granted during consecutive

weeks, and will take preference over the selection of third, forth, and fifth, and sixth weeks vacation. The first ten working days vacation may be split with the permission of the City, but not during the period from June 15 to September 15. The third, fourth, and fifth, and sixth weeks vacation periods shall be granted at times requested by the Officer subject to seniority rights and the rule that no more than one Official from each Platoon or Division shall be assigned to vacation during each week.

Section 4. Vacation Splitting.

Third, fourth, fifth, sixth, and any additional vacation time may be taken by week, weeks, orin days if the Officer wishes, subject to the provisions of Section 3. Also, third, fourth, fifth, and sixth weeks vacation periods that are taken in a week or weeks will have selection preference over those taken by individual days.

Section 5.

The City of Lawrence agrees to be bound by the provisions of the General Law, Chapter 31, Section 33 for the purpose of determining additional vacation credit only. It is agreed that this shall not affect the overall department seniority or longevity.

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Section 6.

a. Effective July 1, 2003 each Superior Officer may elect in any calendar year to redeem up to five (5) days of accrued, unused vacation for cash. The City shall make such payments to eligible Officers on the first payday in December of each year at the rates then in effect.

b. For the purpose of calculating daily vacation pay the following formula shall be utilized:

Daily Vacation Pay = B * (1 + C) * (1 + S) /5.

Variable Key

B = Weekly Base Pay

S = Shift Differential Pay C = Career Incentive Pay

c. Effective July 1,2005 the Mayor at hislher discretion, shall have the option of offering each Superior Officer an additional opportunity to redeem up to five more days of accrued, unused vacation for cash. The City shall make such payments to eligible Officers on the first payday in December of each year at the rates then in effect,

ARTICLE IX

Holidays

Section 1.

a, The provisions of the General Laws (Ter. Ed.) Chapter 147, Section 17A, shall be applied, providing pay for each of the following holidays:

New Year's Day .

Martin Luther King Birthday Washington's Birthday Patriot's Day

Memorial Day Independence Day

Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day

b. 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 the case of an emergency, and subject to the approval of the Officer in Charge of his/her Platoon or Division. Such approval will not be unreasonably withheld. These three (3) days of personal leave may be taken on a holiday aslong as there is no other

12

Official (in accordance with Article VIII) Section 3) on a vacation day or a personal day off.

Section 2.

Holiday pay shall be calculated as follows:

a. For each unworked holiday a Superior Officer will be paid hislher regular salary plus an extra days 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. On and after September 1) 1987) a Superior Officer who works on a holiday will be paid two (2) extra days pay, subject to the provisions of Section 2c., plus the pay specified in Section 2a.) for an unworked holiday.

c. In order to be paid for a "holiday worked" (the premium specified in Section 2b.) the employee must actually work on the work day immediately preceding and the work day immediately following the holiday, provided helshe was scheduled to work on either of those days. The premium is not paid if sick on those days. The employee will not be penalized for utilizing vacation, personal, or bereavement leave, etc. The payment under Section 2a. (for an unworked holiday) will be made regardless of non-compliance with the prior paragraph.

d. Regular weekly compensation for the purposes of calculating Holiday Pay is defined as Base Pay (see Article XIII, Section 1 b.) plus applicable Career Incentive Pay and Shift Differential Pay. Administrative Differential Pay is specifically excluded from this provision.

e. For the purpose of calculating Holiday Pay the following formula shall be utilized:

Holiday Pay = B * (1 + C) * (1 + S) / 5

Variable Key

B = Weekly Base Pay

S = Shift Differential Pay C = Career Incentive Pay

13

ARTICLE X

Clothing and Cleaning Allowance

Effective July 1, 2002, a clothing and cleaning allowance of eleven hundred dollars ($1,100.00) for the fiscal year shall be given to all members of the Lawrence Police Superior Officer's Association 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, holsters, belts, patches, and equipment used by the Officer while on duty as prescribed by the City in agreement with the Association. The purchase and maintenance of such uniforms shall be in a manner prescribed through policy and shall be the sole responsibility of the individual Officer. When any Officer is required to work in uniform, he/she shall wear the full uniform as prescribed by department policy, provided that the City shall pay for the first issue of any change in the prescribed uniform with the exception of the change to be 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.

ARTICLE XI

Residence

There shall be no residency requirement of any kind except as may otherwise be required bylaw

ARTICLE XII

Sick Leave, Injuries, Special Leave, and Bereavement Leave

Section 1. Sick Time.

Effective July 1, 2004, Superior Officers shall be granted fifteen (15) sick days as of

January 1 st of each year. .

Section 2 .

. Superior Officers will be allowed to accumulate all of their unused sick time.

14

Section 3.

On the next payday following a Superior Officer's retirement, death, or voluntary termination of employment with ten (10) or more years of service, he/she (or his/her heirs at law) shall be paid a lump sum equivalent of one-half (112) of his/her accumulated, unused sick leave then in force. Payment shall be made at the pay rate pertaining to hislher grade at the time of such termination, retirement, or death. Effective June 30, 1988, the number of sick leave days payable (at one-half) shall be capped at three hundred (300).

Section 4. Sick Leave Bank.

Any Superior Officer covered by this agreement, may contribute up to a maximum often (10) of their accumulated sick leave days per year to another Superior Officer who is absent due to a serious illness, and has exhausted his/her personal sick leave. Request to transfer such accumulated sick leave to the benefit of another Superior Officer, may be made in writing to the Chief and mustbe approved by the Chief in conjunction with two designated Association members. Approval shall not be arbitrarily or capriciously withheld. The Chief may request medical evidence concerning the absent employee (Superior Officer) as well as that of the contributing employee (Superior Officer) in considering requests for transfers of accumulated sick leave. Requests for medical evidence as used herein applies only to this Section 4.

Section 5. Injured Leave.

General Laws Chapter 41, Section I11F, shall be applied in cases of injury. Officers shall have twenty-four (24) hours to report injuries in the line of duty.

Section 6. Special Leave.

Each employee shall be granted special leave with pay for a day on which he is able to secure another employee to work in his place provided:

a. Such substitution does not impose any additional cost on the City.

b. Such substitution is within the equal rank of other Officer qualified.

c. The Officer in charge of the Division in which the substitution shall take place shall be notified in writing on an appropriate form not less than one (1) day prior to its becoming effective. In the case of an emergency, notification may be made by telephone. Each Superior Officer is limited to no more than twenty (20) working days of special leave per year.

Section 7. Bereavement Leave.

In the event of a death within the immediate family of a Superior Officer or hislher spouse, the Superior Officer shall be granted four (4) working days off, without loss of pay. The Chief may at his/her discretion require a Superior Officer who requests such a

15

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leave to provide written documentation of such a death. The immediate family is defined as follows:

Spouse Father Mother Sister Brother

Relative (Hving in the Superior Officer's home)

Child Grandchild Grandparent Aunt

Uncle

ARTICLE XIII

Compensation

Section 1. Wages.

a. The following across the board wage increases will become effective on the dates stated below.

July 1, 2002 three (3%) percent.
July 1, 2003 two (2%) percent.
July 1,2004 three (3 %) percent.
July 1,2005 three (3%) percent.
b. The resulting base pay rates shall be as follows:
1. July 1st, 2002
Yearly Weekly

Sergeant $48,129.12 $925.56
Lieutenant $56,311.84 $1,082.92
Captain $65,884.52 $1,267.01
2. July 1 st, 2003
Yearly Weekly

Sergeant $49,092.16 $944.08
Lieutenant $57,438.16 $1,104.58
16 ., I

Captain $67,201.68 $1,292.34
3. July 1 st, 2004
Yearly Weekly

Sergeant $50,564.80 $972.40
Lieutenant $59,160.92 $1,137.71
Captain $69,217.72 $1,331.11
4. July r', 2005
Yearly Weeldy

Sergeant $52,081.74 $1,001.57
Lieutenant $60,935.75 $1,171.84
Captain $71,294.25 $1,371.04
Forthe purpose of calculating Regular Pay the following formula shall be
utilized: c.

Regular Pay = «B * (1 + C» * (1 + S» + A

Variable Key

B = Base Pay

S = Shift Differential Pay C :=: Career Incentive Pay

A = Administrative Differential Pay

d. Effective July 1, 2005 each Superior Officer who qualifies based on years of service for the City of Lawrence shall receive an additional base wage increase in the following amounts:

, At ten (10) years of service

At fifteen (15) years of service At twenty (20) years of service

At twenty-five (25) years of service

:=:.5% base wage increase. :=: 1.0% base wage increase. = 1. 5% base wage increase. = 2.0% base wage increase.

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Section 2. Longevity.

a. In addition to the annual salary, Officers who qualify with length of service, will be paid as part of their regular compensation, a longevity increment as follows:

Years of Service

% of Salary Schedule (see Sec. 2bJ

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24 25-29

30 or more

2.25 % 2.50% 2.75 % 3.00% 3.25 % 3.50% 3.75 % 4.00% 4.25% 4.50% 4.75 % 5.00% 5.25 % 5.50% 5.75 % 6.00% 6.25% 6.50% 6.75% 7.00% 8.50% 9.00%

b. Longevity pay is based only on applicable Base Pay plus Career Incentive Pay.

c. Newly appointed Superior Officers shall continue to receive the longevity and educational incentive benefits to which they were entitled to as patrolmen.

d. ,The longevity increment will be paid annually on the first pay period of

December. In the event that a Superior Officer dies or retires, hislher longevity increment will be prorated as ofthe date of his/her death or retirement. However, if such date occurs in such year later than the anniversary date of his/her permanent employment, hislher longevity will be paid in full. Eligibility for longevity increment shall be based on the employee's length of service for the City of Lawrence as of December 31 in each calendar year as provided in City Ordinance Section 2-158.

18

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e.

For the purpose of calculating Longevity Pay the following formula shall be utilized:

(

Longevity Pay = B * (1 + C) * I

Variable Key

B = Yearly Base Pay

C = Career Incentive Pay

I = Applicable Longevity Increment

Section 3.

Acting Sergeants will receive same rate of pay as a permanent Sergeants. Acting Lieutenants will receive the same rate of pay as permanent Lieutenants. Acting Captains will receive same rate of pay as a permanent Captains.

Section 4.

a. The City of Lawrence agrees to be bound by the provisions of General Law Chapter 41, Section 108L (Career Incentive Pay Program). The City agrees to make payments to Superior Officers qualifying thereunder in accordance with the terms of the said statute, which are incorporated herein by reference, as a part of said Superior Officer's regular compensation. Said payments to be paid weekly.

b. If Chapter 41, Section 108L, is repealed or amended by the Legislature to provide lower benefits for Superior Officers than are currently provided, the City shall pay to each affected Superior Officer the difference between its share of the incentive for each such Superior Officer calculated according to the existing statutory formula and its share of the incentive for each such Superior Officer calculated as provided by law following such repeal or amendment. If Section 108L is repealed, standards for qualifying colleges, universities, and courses shall be determined for Superior Officers becoming eligible for incentive payments thereafter by applying the statutory standards last in effect preceding such repeal.

Section 5.

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 time periods.

a. For travel ofless than twenty-four (24) hours commencing two (2) hours or more before compensated time, employees shall be entitled to the below breakfast allowance.

b. Employees will be entitled to the below dinner allowance only where an overnight stay is involved.

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c. Employees are entitled to the below lunch allowance for any above described travel during the work shift.

Breakfast

$3.50 $6.50 $8.50

Lunch

Dinner

Section 6.

Mileage allowance shall be at the current IRS rate as it may change from time to time.

Section 7. Schooling.

The parties agree to abide by A.A.A. Case Number 1139 - 1450 -77 (involving arbitration between the City of Lawrence and the Lawrence Patrolman's Association "the so called Lees' grievance'} In addition to the above decision, there shall be four (4) compensatory days off, for all Superior Officers who attend Police Training School.

Section 8.

The Lawrence Police Superior Officer's Association agrees to the City's intention to change the payroll 'system from the current weekly payroll system to a bi-weekly payroll system. This agreement and such payroll plan change are expressly 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 Lawrence Police Superior Officer's Association unless and until all other City and School Department bargaining units execute an agreement including the same payroll change and such change is implemented for all such other bargaining units.

Section 9. Administrative Differential Pay.

a. Effective July 1,2003, each Superior Officer shall receive Administrative Differential Pay equal to eight (8%) percent of each Superior Officer's applicable Base pay, Career Incentive Pay, and Shift Differential Pay. Such Administrative Differential Pay shall be paid weekly as part of regular pay, provided that a Superior Officer who has been on leave for more than thirty consecutive days in any fiscal year shall not receive such Administrative Differential Pay until such time as he or she returns to work from such leave for at least one day. The Administrative Differential Pay shall constitute regular compensation for pension and retirement purposes, but shall not be included in the calculation of Overtime Pay, Holiday Pay, and Longevity Pay.

20

'. I

b. All Superior Officers shall report for duty fifteen (15) minutes before the scheduled platoon hours and, after the ratification date, shall be held over for duty fifteen (15) minutes thereafter, to prepare for the orderly transition of duty from one shift; to another.

c. For the purpose of calculating Administrative Differential Pay the following formula shall be utilized:

Administrative Differential Pay = .08 (B * (1 +C) * (1 + S»

Variable Key

B = Base Pay

S = Shift Differential Pay C = Career Incentive Pay

Section 10. Retirement & Pension.

The City and the Association agree that the following compensation classifications will be treated as regular compensation for the purpose of calculating a Superior Officer'S retirement and/or pension benefit.

Shift Differential

(ARTICLE XIII, Section 1.) . (ARTICLE XIII, Section 4.) (ARTICLE V, Section 2.) (ARTICLE IX, Section 2a.)

Base Pay

Career Incentive Pay

Holiday Pay

Administrative Differential (ARTICLE XIII, Section 9.)

Longevity Pay

(ARTICLE XIII, Section 2.)

ARTICLE XIV

Group Health Insurance

Section 1.

a. The City will pay seventy-five (75%) percent and Superior Officers will pay twenty-five (25%) percent of the premium cost of Master Medical coverage. Effective July 1,2001, the City will pay ninety (90%) percent and Superior Officers will pay ten (10%) percent of the premium cost of all other health plans, including HMO Blue, Health Plans Inc., and Harvard Pilgrim.

21

b. Effective July 1, 2003, employees shall pay twenty (20%) percent of the cost for HMO Blue, Health Plans Inc., Harvard Pilgrim, and all health plans except for Master Medical.

Section 2.

Effective on the date of ratification, all employees shall be eligible to participate in the existing city plan for payment of health insurance premiums on a pre-tax basis on the same terms and conditions as all other participants in such plan. The City agrees that it will in good faith promptly consider the addition of a pre-tax excess medical expense plan and a pre-tax child or dependent care plan, and shall make such plans available to Superior Officers if they are established for any other employees within the City.

Section 3.

Should the City wish to amend co-pays, deductibles, prescription costs, or other financial obligations of Superior Officers under its health plans, it agrees that any such amendments shall be subject to negotiations with the Association in advance of such amendment. An impasse, if any, in such negotiations shall be subject to dispute resolution at the request of either the City or the Association through binding arbitration.

ARTICLE XV

Outside Details

Section 1. Paid Details.

a. Effective July 1,2003, the hourly detail rate for Superior Officers shall increase to $37.50 during the week and to $42.50 on weekends and holidays. Effective July 1, 2004, the hourly detail rate for Superior Officers shall increase to $40.00 during the week and to $45.00 on weekends and holidays. For the purpose of this section, weekends shall be defined as the time period between 5:00 p.m. on Friday and 11 :59 p.m. on Sunday.

b. Effective July 1,2003, any Superior Officer shall receive $5.00 per hour in addition to the detail rate provided above for any detail in which he or she is in charge. (See Article XV, Section lc.)

c. When three officers are assigned to a private detail, the third officer must be a Superior Officer, who will be in charge.

22

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Section 2. Detail Preference.

The Lawrence Police Superior Officer's Association will abide by the arbitration award (A.A.A. Case Number 1139-0586-82) between the City of Lawrence and the Lawrence Patrolmen's Association.

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 off four (4) hours.

Section 5.

Effective July 1,2003, the City shall create and fund an escrow account for payment of all detail compensation to which Superior Officers are entitled under Article XV. Also from on and after July 1, 2003 the City guarantees that all detail payments shall be made to each Superior Officer for all details worked. Such payments shall be made within three weeks of the date that the detail was worked, provided that the Superior Officer has provided the City timely documentation as required under the detail policy.

ARTICLE XVI

Grievance Procedure

Section 1.

The tern "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 Association 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 or her representative who then has ten (10) days to answer.

23

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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 parties shall share the fee and expenses of an impartial arbitrator.

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. A grievance shall be deemed waived unless submitted to the Mayor or his or her representative within five (5) days after the Chief's answer is due.

c. A grievance shall be deemed waived unless submitted to an arbitrator within twenty (20) days after the Mayor's response is due.

ARTICLE XVII

Miscellaneous

The City and the Association shall continue discussions on a physical fitness program. The Association agrees to accept the provisions of c. 32B s. 19 consolidated bargaining.

ARTICLE XVIII

Staffing

Section 1.

The present staffing of Superior Officer's consists of the following number in each rank:

Captains 7

Lieutenants 10

Sergeants 20

Section 2.

Any reduction or reorganization affecting said staffing should be made by attrition only. Nothing in this article shall require the City to make a new appointment in any rank

24

following the separation of service of any incumbent in such rank, unless the City wishes to continue the services of such position.

Section 3. WOI'king Out of Grade.

If a Sergeant is assigned as a Shift Commander due to the absence of the regularly assigned Lieutenant for a period continuing for five (5) consecutive working days, he or she shall be paid at the Lieutenant's rate beginning on the first day.

ARTICLE XIX

Litigation Insurance Reimbursement

Effective July 1, 1987, the City will reimburse the Association annually up to $75.00 per Superior Officer for a premium or retainer paid to provide outside legal services to defend a Superior Officer against third-party litigation arising out of his or her employment by the City itself. A Superior Officer shall be free to choose his or her own attorney, provided however, this provision shall be considered as complete performance by the City of any legal or moral obligation to indemnify the cost of lawyer's fees in

. defense of third-party claims.

ARTICLE XX

Drug Testing Policy

Section 1 Purpose.

The misuse Of abuse of drugs poses a serious threat to a Superior Officer, the Department, and the public whom we 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 fashion. The City expects its employees to report to work in a condition to perform their duties. Therefore, the Department has adopted the following policy.

Section 2 Policy.

a. ,It is the policy of the City that the possession of unauthorized or illegal drugs, the misuse oflegal 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.

b. 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

25

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completion of the program, or further evidence of drug misuse or abuse will be grounds for summary dismissal from the City's employment.

Section 3 Procedures.

a. Types of Tests

1. Pre-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 immediately 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.

b. Return to Duty and Follow-Up

1. Return to Duty:

(

Tests shall be conducted before an individual who has violated the Drug Policy returns to duty.

2. Follow-Up:

Follow-up tests are unannounced. At least six (6) tests applicable to the employee's violation must be conducted in the first twelve (12) months following an employee's return to duty after participation in a Program as mandated by the Policy. A Substance Abuse Professional may require additional drug testing for the employee fora 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 arid chain of custody requirements will ensure that the specimen's security, proper identification, and integrity are not compromised. A split specimen shall be obtained and proper split specimen procedures must be followed both at the

26

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laboratory and through the chain of custody. All urine specimens are analyzed for the following chugs:

Marijuana (THC Metabolite) Cocaine

Amphetamines

Barbiturates

Opiates (including Heroin) Phencyclidine (PCP) Steroids

2. Testing is conducted using a two-stage process. First, a screening test is performed. Ifthe test is positive for one or more of the drugs, a confirmation 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 MRO, the MRO will make all reasonable attempts 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 MRO's explanation .

..

d. Refusal to Participate:

Any refusal to participate in any of the types of drug tests authorized in this policy will result in the employee's immediate suspension without pay. The following includes, but is not limited to, some examples of behavior that may constitute refusal to participate ..

1. A failure to provide adequate urine sample for controlled substances testing without a genuine inability to provide such a specimen:

2. Engaging in conduct that clearly obstructs the testing process.

e. Consequences of Drug Misuse or Abuse:

1. Any employee who tests positive for drug use must immediately be removed from his or her position and shall not be permitted to return until the employee (a) undergoes evaluation and when necessary treatment; (b) a substance abuse professional determines that he or she has successfully completed any recommended course of treatment; and (c) the employee P!lsses a return to duty test.

2. Payment for any recommended treatment program shall be strictly the responsibility of the employee (or his or her medical or health insurance pro gram, if applicable).

27

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3. Employees who have returned to work, under Article XX, Section 3e, Subsection 1., who subsequently test positive for alcohol or drug use in accordance with this policy will be terminated immediately.

f. Information and Training:

1. All current and new employees will receive written information about the testing requirements and how and where they may receive assistance for recovery from drug misuse. All employees must receive a copy of this policy and sign a confirmation of receipt.

2. All supervisory and management personnel in the Department must attend at least two hours of training on drug misuse symptoms and indicators used in making determination for reasonable suspicion testing.

3. This policy will be posted on employee bulletin boards and will be available to all employees.

4. Educational information will be made available periodically which

.' focuses on the potentially dangerous effects of drug use and abuse, the procedures associated with pre-employment drug screening, and "reasonable suspicion" drug testing. Annual employee training sessions concerning those topics will also be made available to

employees. .

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 and those who test positive. Test results and other confidential information shall only be released to the Chiefs Office, a substance abuse professional, the MRO, and any arbitrator selected to decide a case involving this policy. Any other release of information will

I only be with the affected employee's prior written consent.

28

: ~ r '

(

ARTICLE XXI

Duration

The duration of this contract shall be from July 1, 2002 to June 30,2006. Either patty wishing to terminate, amend, or modify this agreement must so notify the other patty in writing no more than one hundred and fifty (150) days nor less than one hundred and twenty (120) days prior to the expiration date. Within five (5) days of the receipt of such notification (by either party) a conference shall be held between both the City's and the Association's negotiating committees, for the purpose of discussing such amendment, modification or termination, If no agreement is reached by June 30, 2006, then the terms of this Agreement shall continue in effect during negotiations thereafter, and any successor Agreement will be retroactive to July 1, 2006.

For the

CITY OF LAWRENCE

For the

LAWRENCE POLICE SUPERIOR OFFICER'S ASSOCIATION

(

Mayor

/Jf.fll~.//~/05

17 President

Approved as to form

29

CITY OF LAWRENCE OFFICE OF THE CITY ATTORNEY

PETER T. SLlPP JAMES M. BOWERS ANNE L. RANDAZZO Assistant Ciry Attorneys

TELEPHONE (978) 794-5800

(

CHARLES D. BODDY, JR.

City Attorney

FACSIMILE (978) 794-5799

SUITE 306, CITY HALL

200 COMMON STREET LAVvRENCE, MASSACHUSETTS 01840

INTEROFFICE MEMORANDUM

TO:

FROM:

SUBJECT:

DATE:

MICHAEL J. SULLIVAN, MAYOR

JIM BOWERS, ASST. CITY ATTORNEY 1 ~

"SPECIAL POLICE OFFICER" SIDE LEITER AGREEMENT FEBRUARY 18,2005

(

Mr. Mayor: Please find enclosed the Side Letter Agreement, signed by both the Lawrence Patrolmen's Association and the Lawrence Superior Officers' Association.

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 approxitnateiy 18 months ago, but is only now being brought to closure. In addition to the Side Letter Agreement, I am attaching both the 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;

(2) all other members of the Lawrence Superior Officers Association

I

(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 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 I11F 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. }ulY 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 ... t\rbitrator Paul Dorr dated October 7, 1982."

IN WITNESS THEREOF, the parries have hereunto set their hands and seal

this day of ) 200·~;.

(

LAWRENCE PATROLlYIEN'S ASSOCIATION

L'\. WRENCE SUPERIOR OFFICERS ASSOCIA nON

by

by

President

Scott J. :rv arnara Presiden

CITY OF L,\ "WRENCE

by

Michael J. 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 the 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 ofa "Special Police Officer".

.. Adhere to the Lawrence Police Department rules, regulations, policies and procedures.

.. Be in full Department Uniform, wearing a traffic vest or traffic belt when performing all traffic duties.

.. When called in for duty, the Special Police Officer must CatTY 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 with 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

D Must be a retired Lawrence Police Officer or Superior Officer. • Must have been academy trained.

Il Did not retire on any type of disability.

Retired police officers will be considered "Special Police Officers", pursuant to l\1.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 1\1.G.L. c. 41, sec 111F 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)

:.1 ."

41'§ 98F

OFFICERS AND

Historical and Statutory Notes

St.1980, c. 142, was approved May 9, 1980. St.1991, c. 125, approved July 9, 1991, 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".

St.1992, c. 286, § 122, an emergency act, approved Dec. 23, 1992, and by § 279 made

effective as of July 1, 1992, in the first substituted "sixty-three of chapter lwP'ntv.nJ C" for "ten G of chapter one hundred and seven",

St.1994, c. 353, § 1, approved Jan. 13, I . in the second sentence, added the proviso.

Library References

. Records <:;:::;>3.

WestIaw Topic No. 326. C.J.S. Records § 4.

'.

Research References

Treatises and Practice Aids

1SA Mass. Prac, Series § 848, Police Reports. 39 Mass. Prac, Series § 1166, Exemption CPersonnel And Medical Files Or Informa-

tlon And Unwarranted Invasions Of al Privacy Exemption. 42 Mass. Prac. Series § 6.6, Police

§ 98G. Domestic abuse; police reports

n Any city, town or district police department which requires an mvesnza police officer to make a report concerning an incident, offense

offense investigated, or any arrest made, on a form provided by the shall include on said form a sp~ce to indicate whether said incident, alleged: offense or arrest involved abuse as defined in section one of ...... ,"'p •. y.

hundred and nine A. .' ,

Added by ~t.1987, c, 93, § 2; .. " ..

~ ~: «:' . ,

, !,.. , ... 1 .•• .~, ,:.:.,. .' Hlst~ricai and Statutory Notes

: St.1987, c, 93. § 2:\~~ ap~rovedMay 29, .'

1987j and by § 3 made effectiveJan. 1, 1988,

41 § 99A

Historical and Statutory Notes R.L.1902, c. 26, § 20,

11. St.1920, c, 591, § 13,

Library References

c.r,s. Municipal Corporations §§ 486 to 481, 493, 495 to 496.

c.r.s, Towns §§ 120 to 125.

Research References

and Practice Aids .

Prac, Series § 9.6, Arrest Without Extraterritorial Arrest.

Prac, Series § 52.66, Self DefenseBy A Private Person.

Mass. Prac. Series § 52.80, Constitution- . Defenses-Arrest.

Mass. Prac. Series § 842, Police Person-

l8A Mass. Prac, Series § 845, Powers And Duties.

30 Mass. Prac. Series § 99, Authority To Ar~ rest Without A Warrant-Private Person-Mls-

demeanors. . . .

30 Mass, Prac, Serres § 100, Limitations On Power Of Arrest Without A Warrant As To

Places. .

. Notes of Decisions

1

.t r-r ",.,tlon and appltcatlon

construction or' statute 'g~ve~ing' re~: of special police officers. to preclude uistttontng of officers from out of. state, in

. authorization therefor, was n'''lIUll''e::u, as statute at Issue was administra-. than 'crlmlnal.' Com. v, Callahan 1 :N.E.2? 328, 428 Mass, 33~ .: Arrest

Au:thlu'lltv of officer

officer, who was sworn in as special officer in neighboring town pursuant to . authorizing requisition of police officers towns, .had right to stop motorist in ii"".hh_ ..... ~~ town on suspicion of drunk driving n"TTi"ln~t" in both the investigation and

Com. V. Nicholson (2002) 102, ·56 Mass.App.CL 921, review 82 N.E.2d 1084, 438 Mass. 1108. Au'''''''"OJU'O~ ~ 349(12)

The prior swearing in of .speclal officers, alone, satisfies the requirements of statute authorizing towns to confer police powers on officers from other jurisdictions. . Com. v. Nicholson, (2002) 719 .N.B.2d· 702, 56 Mass.App.Ct. ~ 921, review denied 782 N,B.2d 1084,438 Mass: 1108 .. Towns ~ i5 ", ... " ';". : '\

Statute governing' re~ruitm~nt of special police officers permitted town to requisition officer from out of state and to give him authority to stop motor, vehicles within state .for .criminal·· . or civil infractions, as separate statute' authoriz- . ing arrests byout-of-state police in fresh pursuit. of suspected felons was 'hot sole source of out-' of-state officer's authority to arrest. Com,· v.

: Callahan (1998) 701 N.E.2d 328, 428 Mass. 335 ..

Arrest ¢:;> 63.2 " "!' :.'., .

City police ·office. who was special' polic~' . officer in neighboring town had the same authority as the police officer of the town to make an investigative stop. Com. v, Andrews (1993) 611 N.B.2d 252, 34 Mass.App.Ct, 324, review denied 616 N.B.2d 469,415 Mass. 1104. Arrest

¢:;> 63.2 " .

Members of regular police or fire department and fire alarm dlvl-

.sion; residence outside,.city or town . , t i ,

Any member of the regular police 'or fire department and fire alarm division

a city or town appointed subsequent to August first, nineteen hundred.and -elght shall reside within fifteen miles of the limits of said city or town. distance shall be measured from the closest border limits of said city or in which said member is employed to theclosest border limits of the 'city town in which said member lives; provided however, if any said city or town

369

... ,~. "

To: Alan Andrews, President, Lawrence Patrolmen's Association

Scott McNamara, President, Lawrence Superior Officers Association CC: Chief John J. Romero

From: James Bowers, Assistant City Attorney Date: June 11,2003

Re: Special Police Officers

************************************************************************

I am enclosing a draft "Side Agreement", in follow-up to our meeting on May 16th regarding retired officers and their assignment to road details.

I believe I have incorporated the majority ofitems 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 (1) 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 tenus "Special Police Officer" on it, to be consistent with MGL c. 41, sec. 99, so that there is no confusion as to his/her authority. I know that we had discussed allowing the officer to use his/her "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 beginning of July.

Attaclnnent