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Police Chief (PDF)

Finance Committee · Date unavailable · Record 18848a0483d3c7c79c

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Saved text from 6 source pages. Transcription and OCR may contain errors; verify figures and wording against the original. Retrieved 2026-10-15.

Source page 1

TOWN OF CANTON
CONTRACT OF EMPLOYMENT

*****Police Chief *****

Agreement

This agreement is between the Town of Canton, acting through its Board of Selectmen and Kenneth N.
Berkowitz (hereafter referred to as the Police Chief). The Board of Selectmen, through the Town
Administrator, shall provide general direction, guidance and supervision to this position.

SECTION I.

1) TERMS AND CONDITIONS

a.

b.

This employment agreement shall extend from July 1, 2015—June 30, 2018.

The position of Police Chief is under the general direction, guidance and supervision of the
Board of Selectmen through the Town Administrator,

This contract may be extended subject to a successful performance evaluation during any initial
contract term and by written approval of the Board of Selectmen or as otherwise modified in
section.

In the event the employee desires to resign the position of Chief of Police before the expiration
of the aforesaid term of employment, the employee will provide written notice at least thirty (30)
days in advance to the Canton Board of Selectmen through its Town Administrator. In the event
that the Town decides not to renew or extend this contract beyond June 30, 2018, the Town will
provide at least thirty (30) days advance notice in writing of the decision not to renew.

The Town Administrator will review and evaluate the job performance of the Chief of Police.
The Town Administrator will apprise the Chief of Police of the results of each review and
evaluation in writing. This evaluation will be completed by June 30" of each contract year.

The Town may discharge the Chief of Police at any time during the term of this agreement for
good and just cause. In the event the employee is separated by the Town for any other reason,
not related to just cause and before the expiration of the aforesaid term of employment, and
during such time the employee is willing and able to perform the duties of the position, the Town
agrees to pay the employee a lump sum cash payment, equal to one week’s salary for each year
the employee has served Town.

It is understood that SECTION I of this contract provides for a uniform and consistent statement
of employee requirements and contract benefits and constitutes the full agreement between the
Town and the Employee. SECTION I included as an attachment, becomes part of this
agreement, provides for any other additional, unique and or position specific, term, condition and
or benefit agreed to by the parties and shall supersede any conflicting provision contained in
Section I. (Employee should list in Section II those specific items)

Source page 2

TOWN OF CANTON
CONTRACT OF EMPLOYMENT

*****Police Chief *****

2) COMPENSATION

The Town agrees to compensate the Police Chief at a 40 hour work week for the period referenced
below:

For the period of 7/1/15 through 6/30/16 salary of $163,763.72 (2% COLA)
For the period of 7/1/16 through 6/30/17 salary of $167,038.99 (2% COLA)
For the period of 7/1/17 through 6/30/18 salary of $ 170,379.77 (2% COLA)

a.

Annual salary payments are to be made in fifty-two (52) equal weekly installment payments,
Additional workdays within any fiscal year during the term of the Agreement shall be paid in
addition to the above, at the regular daily rate of pay of the employee.

Overtime. It is understood that this position is a salaried position exempt under the Federal Fair
Labors Standards Act and may require the Employee to work beyond the 40 hour weekly
schedule established by management and upon which the salary is based.

The Police Chief will be reimbursed $950.00 annually for uniforms and $1800.00 annually for
EMT pay and $500 annually for physical fitness stipend.

The Police Chief shall be granted a continued Leave of Absence pursuant to MGL chapter 31
&37 by the appointing authority from the position of Lieutenant for the duration of this
Agreement to continue to serve as Chief of Police of the Town of Canton,  Upon Kenneth
Berkowitz’s resignation, or pursuant to the provisions of Section 8,2,or should he not be
reappointed pursuant to the provisions of Section 7, he shall be entitled to reinstatement in his
rank as Lieutenant in the Canton Police Department with all civil service rights and obligations.
Upon reinstatement, he shall have all the civil service rights and status he had immediately prior
to his appointment to the position of Chief of Police. In addition, the number of years as Chief of
Police shall be credited to him for the purposes of his civil service rights and benefits. The Town
will file all necessary and appropriate administrative documents as required by the Department of
Personnel Administration of the Commonwealth to accomplish the above,

e. Annual stipend in the amount of $8500 (payments to be made in fifty-two (52) equal weekly

De

installment payments) for overseeing the Animal Control Department, effective 7/1/2015 for
FY16 subject to the compensation position description and compensation study supporting
such additional compensation.

Parties acknowledge and agree that the Town will complete, during FY 16, a comprehensive
position description and total compensation evaluation. Parties further agree to reopen this
contract for the sole purpose of negotiating future compensation. Parties agree to utilize the
compensation evaluation to further discuss and negotiate future compensation for FYs 17 and 18.

Source page 3

TOWN OF CANTON
CONTRACT OF EMPLOYMENT

*****Police Chief *****

3) INSURANCE AND OTHER BENEFITS

a. HEALTH — DENTAL INSURANCE: A plan of medical and dental insurance consistent with
M.G.L., Chapter 32 B shall be provided to the employee with 75% paid by the Town and 25%
paid by the Employee or other health insurance plan and cost sharing arrangement agreed to
between the employee and the Board of Selectmen or their designee.

b. VACATION LEAVE: The Town agrees to provide the employee in the amount of 28 days per
year as paid vacation. Time off for vacation is to be taken subject to the approval of the Town
Administrator. Vacation time may be carried over from one year to the next, to a maximum of
thirty (30) days. Upon the retirement, termination, resignation or death of the employee, he (or
his estate) will be paid the amount of all unused vacation time up to fifty-eight (58) days.
Vacation credit to employee accruals shall be made on July 1* of each contract year, in full, not
to exceed thirty (30) days. The employee may not carry over more than 30 current vacation days
in any contract year.

c. SICK LEAVE: Sick leave shall accrue at the rate of 1.25 days per month, accumulating without
limit, less paid sick leave taken. An employee who retires pursuant to M.G.L. chapter 32 will be
entitle to receive salary compensation for Fifty Percent (50%) of unused accumulated sick time
or seventy (70) days, whichever is less. In the case of death, payment shall be made to the
deceased employee’s estate, with, with payment calculated at the current daily rate of pay. Inno
event shall sick time buy back payment, under this section, exceed Fifteen Thousand Dollars
($15,000.00).

In addition, the employee is allowed, with the approval of the Appointing Authority, use of non-
occupational sick leave, up to five days per contract year, for family related sick leave.
Employee may be required, upon request by the Town at any time, to provide a Physician’s
certificate for absence(s) of any duration.

e. PERSONAL LEAVE: Granted 4 days per fiscal year. Personal leave days may not be carried
over from year to year.

f. RETIREMENT:  Contributory retirement coverage with Norfolk County Retirement Board will be
provided, as required by M.G.L, Chapter 152.

g. TUITION REIMBURSEMENT: The Town will reimburse the employee for job-related
courses taken as part of a degree or certificate program or credit towards maintaining a
professional license or professional competency. Books, registration fees, and all other costs will
be paid for by the Town, subject to funding availability,   Payment will be made after proof of
successful course completion is provided. It is agreed that the amount reimbursed to the
employee will in no event exceed $1,500 per fiscal year and will be subject to annual
appropriation.

Source page 4

TOWN OF CANTON
CONTRACT OF EMPLOYMENT

*****Police Chief *****

OTHER BENEFITS: The town will provide the Police Chief with the following additional
benefits as are conferred upon other Town Employees, including worker’s compensation, and
approved leave(s) with and without pay as approved by the Board of Selectmen.

JURY DUTY: The Employer agrees to make up the difference between the weekly wage and
the compensation received for jury duty pay.

j. BEREAVEMENT LEAVE: In the event of death in the immediate family of the employee, the

employee shall be granted up to 4 consecutive days leave without loss of pay, to attend the
funeral or memorial services. The term immediate family shall include the mother, father, wife,
husband, brother, sister, child, grandchild, grandparent, mother-in-law, father-in-law, stepparent
of either spouse, brother-in-law, and sister-in-law.  In the event of death of the employee’s uncle,
aunt, nephew, niece, or non-relative living in the employee’s household for a minimum of one
year, the employee shall be granted two (2) day’s leave on the day of the funeral.

TRAVEL EXPENSE(S): The Police Chief is authorized to use municipally supplied motor
vehicle for his unrestricted personal use as well as commuting to and from work consistent with
rules and regulations established from time to time by the Board of Selectmen. He will be
reimbursed travel expense, conference reimbursement, lodging and out of state travel. All
requests for reimbursement shall be submitted in conformity with existing town practices and
procedures relating to reimbursement for expenditures.

PROFESSIONAL DUES AND SEMINARS:  The employee is required to maintain his
professional competency. Educational courses, seminars, and/or meetings approved by the Town
Administrator are encouraged. The Town shall pay costs related to such attendance subject to
funding availability. Prior approval from the Town Administrator is required for such
participation to determine funding availability and ensure proper departmental coverage in the
absence of the Police Chief. Annual membership dues for applicable professional
organizations/affiliations shall also be paid by the Town with prior approval required.

. PHYSICAL FITNESS PROGRAM: The Town will reimburse the employee for enrollment at
an approved health club facility. The employee must show satisfactory evidence of enrollment
and or participation and provide the Town with receipted bills. Reimbursement by the Town
will not exceed Five Hundred Dollars ($500) in any contract year.

Source page 5

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7)

TOWN OF CANTON
CONTRACT OF EMPLOYMENT

****%Police Chief *****

n. HOLIDAYS: The following days shall be recognized as paid holidays on the day on which they
are observed:

New Years Day                                   Labor Day

Martin Luther King Day                     Columbus Day

Washington’s Birthday                      Veteran’s Day

Patriot’s Day                                   Thanksgiving Day

Memorial Day                                Christmas Day

Independence Day                           Noon dismissal day preceding Christmas

If any of these days falls on a Saturday, the preceding Friday will be considered the holiday.
Holidays falling on a Sunday will be celebrated on Monday.

DUTIES

Under the direction of the Town Administrator duties are as identified in the position description.
Management reserves the right to reasonably modify duties and responsibilities outlined in the
position description as determined by the Town during the term of this agreement with notice
provided.

DISCIPLINE AND DISCHARGE

It is agreed that the Chief of Police can be disciplined or discharged for only just cause, upon prior
notice and only after a hearing at which the Chief shall have the right to be represented by counsel.
The Chief shall have the option of choosing whether or not any hearing shall be closed to the public
or held as an open public hearing. The principle of Progressive discipline will apply and the Town of
Canton recognizes its obligation to provide the Chief with periodic performance evaluations.

ENTIRE AGREEMENT

This agreement contains the entire agreement between the parties and shall constitute and express all
obligations of the Employer during the term of this employment agreement and supercede any
previous written agreement.

INDEMNIFICATION

The Employer shall defend, save harmless and indemnify the Employee against any tort, professional
liability claim or demand or other legal action, whether groundless or otherwise, arising out of an
alleged act or omission occurring in the performance of the Employee’s duties as Police Chief.
Employer will comprise and settle any such claim or suit and pay the amount of any settlement or
judgment rendered thereon. Willful torts and criminal acts are excluded,

Source page 6

TOWN OF CANTON
CONTRACT OF EMPLOYMENT

*****Police Chief *****

For the Board of Selectmen:                                          For the Employee:

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Kenneth Berkowitz

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Victor D.  Ll Vecchio,
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Mark T. Porter
Member

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