Canton, Massachusetts · Saved source text
Police Chief (PDF)
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)
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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.
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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.
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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.
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4) 5 ~ 6) 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,
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TOWN OF CANTON CONTRACT OF EMPLOYMENT *****Police Chief ***** For the Board of Selectmen: For the Employee: be WAN Kenneth Berkowitz “F- le-bolc” DATE via Chatnaen (ee AVIA ‘fF fin evjn enicy, + - wry Victor D. Ll Vecchio, Member Mark T. Porter Member $0 26 |