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Police Officers Association (PDF)

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Source page 1

Memorandum of Agreement
between the

Town of Canton
and the

Canton Police Association, MCOP Local 374

The Town of Canton (“Town”) and the Canton Police Association, MCOP

Local 374 (“Union”) hereby agree to the following terms for a new collective
bargaining agreement, to be in effect from July 1, 2015 through June 30, 2018.
The terms and provisions of the prior collective bargaining agreement shall remain
in full force and effect except as modified by this Agreement.

1.

Article II - Duration

This is a three-year contract from July 1, 2015 thru June 30, 2018.

Article IX - Longevity

The parties agree to include this benefit in the evaluation under the
Compensation and Position Review. A reopener shall be in effect to
consider and negotiate Longevity in light of the results of this Review.

Article XI - Wages

The Town has commissioned a Compensation and Position Evaluation
Review (List of comparable communities attached)

Wages shall be increased as follows:

a) FY 2016 - Effective 7/1/2015 - 2% increase to base wages

b) FY 2017 - Effective 7/1/2016 - 2% increase to base wages with a
Reopener to consider and negotiate wages in light of the
Compensation/Position Evaluation Review results.

c) FY 2018 - Effective 7/1/2017 - 2% increase to base wages

Source page 2

Article VII - E Shift Differential

The parties agree to include this benefit in the evaluation under the
Compensation and Position Review. The reopener shall consider and
negotiate Shift Differential in light of the results of the Review.

Article XV - Disability Benefits and Sick Leave

Officers shall be compensated for all unused sick days in excess of 50
days at a rate of $80/day for a patrol officer to a maximum of $14,000
and $100/day for a sergeant to a maximum of $17,000.

Article XXX VIII - Uniforms and Equipment

Increase the annual allowance from $900 to $1,000. In addition to the
normal allowance, uniforms and equipment damaged beyond
repair/cleaning in the performance of police duties will be replaced at the
Chief's discretion.

Article VII - Shift Coverage, Section C - Overtime
Add the following provision:

Mandatory Overtime: Officers with five (5) years of service who are
required to perform mandatory overtime shall be compensated at the rate
of two (2) times their regular rate.

Article VII - Shift Coverage, Section F - Alternate Work Schedule

The parties agree to delete the restriction on the number of officers
assigned to a 5-day on and 2-day off work schedule contained in Section
F. The Chief shall determine the number of officers assigned to a 5/2
schedule which best serves the interests of the Department.

Source page 3

10.

Il,

Article VIII - Paid Details
The parties agree to amend this Article as follows:

a) Officers assigned to Town details shall be given a minimum three (3)
hour notice prior to cancellation. Failure to cancel with three (3)
hours’ prior notice will require payment to the officer of four (4)
hours’ wages at the applicable detail rate.

b) Officers assigned to private (non-Town) details who are required to
work beyond four (4) consecutive hours shall be paid eight (8) hours
at the applicable detail rate. Any private detail worked beyond eight
(8) hours shall be paid the premium hourly rate (currently $67/hr) for
each hour worked beyond eight (8) hours.

Appendix B - Specialty Positions

The parties agree to the following amendments to Appendix B:

a) EMT - Increase from $1,625 to $1,825

b) First Responder - Increase from $300 to $500

c) Cell Phone Stipend - Increase from $290 to $300

d) Promotional Exam Stipend (new) ~ $500 to each officer who receives
a passing grade

e) Juvenile Detective (new) - $2,300 to each officer assigned as a
juvenile detective

Reopener

The Town and the Union (MCOP, Local 374) acknowledge and agree
that the Town will, during FY 16, complete a comprehensive
compensation and position description evaluation. The parties agree to
reopen the contract for the sole purpose of negotiating future
compensation (including wages, longevity and shift differential) and
position description modifications. The parties further agree to utilize the
compensation evaluation to discuss and negotiate future compensation
for FY 17 and FY 18.

Source page 4

This Agreement is subject to ratification by the Board of Selectmen and the
membership of the Union.

For the Town                                 __For the Union. Te

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Source page 5

POLICE OFFICERS' WAGE SCHEDULES

FY 15 revised |FY16 2%        FY 17 2%        FY 18 2%
July 1, 2014 - |July 1, 2015 - July 1, 2016 - |July 1, 2017 -
June 30, 2015 |June 30, 2016 |June 30, 2017 |June 30, 2018

Patrol Officer                             |
Step 1       $ 46,515.02] $ 47,445.32 |$ 48,394.23 ]$ 49,362.11

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  LEMOS 52,675.25 |$ 33,72875|$ S4B0B33] SS
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 $ 54,206.35 [$55,290.48 [$ 56,396.29 |$ 57,524.21
td       rs
$    82/5

Step 5                     S$ 56,770.30

$ 59,608.82 | $ 60,800.99] $ 62,017.01] $ 63,257.35 5% over step 5 patrol officer

$ 59,070.30|$ 60,205.71 ]$ 61,363.82 |S 62,545.10 $2,300 more than step 5 patrol officer

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of employment   $ 61,433.82 | $ 62,625.99] $ 63,842.01] $ 65,082.35 | $1,825 more than step 6 patrol officer

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$ 70,355.43 | $ 71,762.54 | $ 73,197.79 | 21.5% more than step 5 patrol officer

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Step 2 - after 20 yrs
   71,975.91 | $ 73,355.43 | $ 74,762.54 | $ 76,197.79 | $3,000 more than step 1 sergeant

of employment
Step 2 - after 20 yrs

 $68,975.91                   aa

$ 72,424.71 | $ 73,873.20} § 75,350.67 | $ 76,857.68 | 21.5% more than step 6 patrol officer
Detective Sergeant
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Police officers salary schedules.xlsx                               how calculated                                                                9/30/2015

Source page 6

/ /
10 25 12


                          MEMORANDUM OF AGREEMENT
                                   between the
                                TOWN OF CANTON
                                     and the
                    CANTON POLICE ASSOCIATION, MCOP LOCAL 374

       The parties hereby agree to a new three-year collective bargaining agreement to
be in effect from July 1, 2012 through June 30, 2015. Except as amended in this
Memorandum, the terms and provisions of the prior contract will be carried over into
the successor contract.

     1. Article II, Duration

          This is a 3-year contract from July 1, 2012 through June 30, 2015.

     2.   Article VI, Wages

          FY13 - 7/1/2012 — 2% Across the Board Wage Increase.
          FY14 - 7/1/2013 — 2% Across the Board Wage Increase
          FY15 - 7/1/2014 — 2% Across the Board Wage Increase

     3. Article VII, E Shift Differential

          Increase the Shift Differential from $.25 to $.35 and include it in base pay.

4.        Article IX Longevity: The parties agree to amend this Article as follows:

          Five (5) years — Increase by $100 from $300 to $400
          Ten (10) years — Increase by $100 from $425 to $525

5.        Article XI Group Insurance: The parties agree to amend this Article to read as
          follows:

     A. The Town will provide a plan of group life, accidental death and dismemberment,

          and general or blanket hospital, surgical and medical insurance as authorized

          under the provisions of G.L. c.32B. The Town will pay 75% of the premiums for


                                                1

Source page 7

an indemnity carrier and 75% of the premiums for any HMO offered by the

   Town. The employees will pay 25% of the premium whether they are in the

   indemnity plan or an HMO. The Town shall continue to provide a dental plan to

   employees with 75% of the premium paid by the Town and 25% of the premium

   paid by the employee. The Town agrees to obtain the minimum program

   participation requirement that applies to an improved Delta Dental Plan for

   police officers effective 7/1/09, subject to the limitations of G.L. C. 32B. The cost

   of said plan will be borne t00% by employees.

B. The Town agrees to pay for eyeglasses broken or lost in the line of duty through

   no negligence on the part of the employee.

C. Delete this section which contains existing plan design language.

D. Health Insurance Opt Out Stipend: The Town agrees that officers who

   decline the Town's health insurance plan shall be eligible for the insurance opt

   out stipend. Officers who elect to decline the Town's health insurance benefit

   program, either directly or through their spouse, and who can provide proof of

   health insurance coverage from an alternate source are eligible to receive a

   stipend of $2,500.00 per year. Payment of the stipend shall be on a pro-rated

   weekly basis and not paid as a lump sum. In the event of a loss of health

   insurance coverage through an alternative source, the officer must notify the

   Town and either find another source of health insurance or re-enroll in the

   Town's health insurance benefit. Payment of the stipend shall terminate on the

   effective date of re-enrollment in the Town's health insurance benefit. There is

   no limit on the number of times Officers may opt out or in and receive this

   benefit.

                                         2

Source page 8

6. Article XV Disability Benefits and Sick Leave: The parties agree to amend this
        Article as follows:

      C. SICK LEAVE BUY BACK  -




     The first and third paragraphs of Section C shall be deleted. The second
     paragraph shall be inactive and replaced by the following sick leave buyback
     provision, which will be in effect from July 1, 2012 to June 30, 2015, at which
     time this new provision shall expire.

     Patrol Officer - $80 per day for all unused sick days in excess of 50 days to a
                          maximum Of $14,000
     Sergeant         $100 per day for all unused sick days in excess of 50 days to a
                          maximum of $17,000


     Effective July 1, 2-0+62015, Section C will read as follows:

     Employees shall be compensated for all unused sick days in excess of 50 days
     at a daily rate of $100 for Patrolmen and Sergeants up to $4,000. The
     maximum amount that an employee can receive under this Article as of 7/1/15
     shall be $4,000.

     To assure timely payment, notice of intent to retire should be given to the Town
     by November 1 of the fiscal year prior to the fiscal year in which payment is
     expected.

7.   Article XXVIII Uniforms and Equipment: The parties agree to amend Section D
     of this Article as follows:

     Increase the uniform allowance form $800 to $900 due to increased cost of
     replacement uniforms.

8.   Appendix B Specialty Positions: The parties agree to amend this provision with
     the following increases:

     Detective Sergeant - from $1,550 to $3,000 (in base weekly but subtracted
                  prior to all COLA/step raise calculations — then added back in)

     Detective - from $1,300 to $2,300 (in base weekly but subtracted
                   prior to all COLA/step raise calculations — then added back in)

     Prosecuting Officer - $1,825 (no increase) (in base weekly but subtracted
                  prior to all COLA/step raise calculations — then added back in)

Source page 9

Range Coordinator                  $725 (no increase)

     Detail Officer                 -   from $1,025 to $1400

     Fleet Maintenance Officer — from $625 to $725

     Accident Reporting Officer -       $625 (no increase)

     EMT                                from $1,625 to $1,675

     First Responder                    from $250 to $300

     Motorcycle Officer                 from $625 to $800

     School Resource Officer            from $625 to $1,000

     School Liaison Officer             $1,000 (new position)

     Community Liaison Officer -        $1,000 (no increase)

     Computer Maintenance               from $850 to $1,000

     Cell Phone Stipend                 from $240 to $290

     Field Training Officers            $75o (no increase) (maximum of 2)

     Firearm Instructors                $600 (no increase) (maximum of 4)

9.   Reopener: one year (FY15) me too clause: If another bargaining unit under the

     control of the Board of Selectmen receives a greater cost-of-living adjustment

     (COLA) to the salary schedule than this bargaining unit did in FY15, the parties

     shall meet for the sole purpose of discussing whether to increase the COLA to the

     salary schedule in FY15.




                                          4

Source page 10

The agreement is subject to ratification by the Board of Selectmen and the
membership of the Union.




                                        Date:               / 2--




                                    5

Source page 11

7/2/12
                               MEMORANDUM OF AGREEMENT

The Town of Canton (the Town) and the Canton Police Association, MCOP, Local 374 (the
Association) hereby agree to the following change in Article X of the parties' collective
bargaining agreement:

1.       Article X, Career Incentive Payments: The parties agree to amend this article as
         follows:

         Delete the underlined language in Section 2 to make it clear that any employee hired
         prior to July 1, 2011 is eligible to receive the degree payments in Section 2 if the Police
         Chief determines that s/he meets the criteria of this section.

         b. (OLD language) Section 2: Sworn full-time employees hired by the Town of Canton
             Police Department (on or after July 1, 2009 but) prior to July 1, 2011 who possess or
             acquire a degree from a nationally accredited college or university in a field of study
             and with a major course of study which the Police Chief determines to be
             significantly relevant to police service but which does not qualify under Section 108L
             shall be eligible for the following educational benefits effective at 23:59 on June 30,
             2012:
                 1. Associate's Degree - sixty [60] credits - 10% of their base pay
                 2. Bachelor's Degree — one hundred twenty [120] credits — 20% of base pay
                 3.. Master's Degree — one hundred fifty [150] credits — 25% of base pay


            (NEW language) Section 2: Sworn full-time employees hired by the Town of Canton
            Police Department prior to July 1, 2011 who possess or acquire a degree from a
            nationally accredited college or university in a field of study and with a major course
            of study which the Police Chief determines to be significantly relevant to police
            service but which does not qualify under Section 108L shall be eligible for the
            following educational benefits effective at 23:59 on June 30, 2012

               1. Associate's Degree - sixty [60] credits - 10% of their base pay
               2. Bachelor's Degree — one hundred twenty [120] credits —20% of base pay
               3. Master's Degree — one hundred fifty [150] credits — 25% of base pay

Source page 12

This Memorandum of Agreement is subject to ratification by the Board of Selectmen and the
    membership of the Union.


    Town of Canton                            Canton Police Association,
                                              MCOP, Local 374
                                                             ----'---




    Date                                      Date:




(

Source page 13

TS/AL

2008 —

1.

MEMORANDUM OF AGREEMENT
between the
TOWN OF CANTON
and the
CANTON POLICE ASSOCIATION, MCOP LOCAL 374

The parties hereby agree to amend their collective bargaining agreement dated July 1,
June 30, 2011 as follows:

Article VI, Wages

7/1/2011 - One year agreement with 0% wage increase.

Article X, Career Incentive Payments: The parties agree to amend this article to read
as follows:

a. Section 1: Sworn full-time employees who were hired by the Town of Canton
Police Department prior to July 1,2009 and who qualify for benefits under the Quinn
Bill [M.G.L., c. 41, §108L] shall receive the following educational incentive
benefits:

1. Associate’s Degree - sixty [60] credits - 10% of their base pay
2. Bachelor’s Degree — one hundred twenty [120] credits —- 20% of base pay
3. Master’s Degree — one hundred fifty [150] credits — 25% of base pay

In the event that General Laws, Chapter 41, Section 108L is underfunded, repealed or
amended by the Commonwealth of Massachusetts, sworn full-time members of the
bargaining unit who were hired prior to July 1, 2009 shall continue to receive the
education incentive pay and percentages for which they qualified prior to July 1, 2009 as
well as the education incentive pay and percentages they may be entitled to receive after
July 1, 2009 in accordance with Chapter 41, Section 108L and the terms of this Section.

It is the intent of this section to guaranty to sworn full-time employees qualifying under
Section | of this agreement 100% payment of the education incentive pay benefits,
notwithstanding any subsequent appropriation or legislation which might affect Chapter
41, Section 108L or the Town's reimbursement by the Commonwealth unless and until
the parties negotiate a different educational incentive provision.

Source page 14

b. Section 2: Sworn full-time employees hired by the Town of Canton Police
Department on or after July 1, 2009 but prior to July 1, 2011 who possess or acquire
a degree from a nationally accredited college or university ina field of study and with
a major course of study which the Police Chief determines to be significantly relevant
to police service but which does not qualify under Section 108L shall be eligible for
the following educational benefits effective at 23:59 on June 30, 2012 :

1. Associate’s Degree - sixty [60] credits - 10% of their base pay
2. Bachelor’s Degree — one hundred twenty [120] credits — 20% of base pay
3. Master’s Degree — one hundred fifty [150] credits - 25% of base pay

c. Section 3: At the time the parties’ representatives negotiated this agreement, the
Commonwealth had eliminated education incentive pay under c. 41, § 108L for newly
hired officers (those who were not sworn full-time members of the Canton Police
Department before July 1, 2009) and for officers not in the § 108L program as of October
1, 2009. The parties agree to adopt the following education incentive program for such
officers who are hired after July 1, 2011. The program shall include the same quality
guidelines, standards, and review by the Police Chief for qualifying degrees from
accredited institutions as set forth in Section 2 above.

1. Fora Bachelor’s degree in Criminal Justice or other academic area
which the Police Chief determines to be significantly relevant to police
service, an annual stipend of $5,000.

2. Fora Master’s degree in Criminal Justice or other academic area which the
Police Chief determines to be significantly relevant to police service, an

annual stipend of $7,500.
3. Such stipends shall not be included in base salary for any purpose.

d. Section 4:

1. Career Incentive Payments are non-cumulative and accordingly
eligible sworn full-time employees shall receive the greater of the
payments for which they qualify under this Article X.

2. Under the terms and conditions of this Article X, the determination by
the Police Chief, that a degree and major course of study which does
not otherwise qualify under Section 108L is acceptable as
significantly relevant to police service, shall be non-precedent setting
and shall be expressly considered and decided on a case-by-case basis
regardless of prior determination and/or approval.

3.       Article XII Holiday Pay: The parties agree that officers may elect to take their five day
holiday compensation in compensatory time, under the following conditions:

Source page 15

4,

1. Officers who elect this option will receive five (5) days’ compensatory time in
lieu of their five day holiday paycheck. The time may not be split into one
day increments.

2. Only eight (8) officers will be eligible to exercise this option each year.

3. A rotating list will be established by seniority of officers eligible to take this

benefit. The list shall be continued from year to year.

Article VII Shift Coverage: The parties agree to amend Section F, Alternate Work

Schedule, to read as follows:

5.

The Town shall have the right to schedule from time to time, as the Chief
may determine necessary, five (5) other bargaining unit members in
addition to the prosecuting officer, on a 5-day on and 2-day off work
schedule. In such event, compensatory time shall be granted at a mutually
agreeable time.

Joint Dispatch Study Committee: The parties agree to establish a joint dispatch study

committee to examine the possibility of a joint fire/police dispatch function.

6.

Article XXX Physical Fitness Program: The parties agree to add the following

Sections to this article:

Dz.        The Chief and the Union shall meet for the purpose of devising a rigorous
annual physical fitness test that officers may elect to participate in to qualify for the
stipend set forth in Section E, below.

E.        Officers who successfully complete the test or engage in another physical activity
or program which demonstrates a high level of physical fitness shall receive an additional
$500 annual stipend effective at 23:59 on June 30, 2012.

F.         Officers who are injured outside of work hours while engaged in training to
qualify for the stipend set forth in Section E, above shall not be eligible for injured on duty
benefits under Chapter 41, Section 111 F.

G.       The exemption set forth in Section F above for injured on duty benefits under
Chapter 41, Section 111 F shall not apply to officers injured while training for specialty
positions whether on or off duty.

Source page 16

7.       Reopener: one year me too clause: If another bargaining unit under the control of the
Board of Selectmen receives a greater cost-of-living adjustment (COLA) to the salary schedule

in FY 12 than this bargaining unit did, the parties shall meet for the sole purpose of discussing
whether to increase the COLA to the salary schedule in the FY 12 contract year.

This agreement is subject to ratification by the Board of Selectmen and the membership of the

Union.

own of Canton

Source page 17

AGREEMENT

           between the

     TOWN OF CANTON

             and the

CANTON POLICE ASSOCIATION

       MCOP Local 374

    July 1, 2008 - June 30, 2011

Source page 18

Table of Contents


Article   Name                                 Page

I         Recognition                           3
11        Duration                              3
Ill       Payroll Deductions                    3
IV        Agency Service Fee                    4
V         Seniority                             4
VI        Wages                                 5
VII       Shift Coverage                        5
VM        Paid Details                         11
IX        Longevity                            13
X         Career Incentive Payments            13
XI        Group Insurance                      13
XII       Vacations                            15
XIII      Holidays                             16
XIV       Union Business Leave                 16
XV        Disability Benefits and Sick Leave   17
XVI       Line ofDuty Nunes                    19
XVII      Bereavement Leave                    21
XVIII     Court Time                           22
XIX       Jury Duty                            22
XX        Personal Business Days               23

Source page 19

Table of Contents


Article      Name                                        Page
)0a          Leaves of Absence                           23
)0C11        Non-Discrimination                          25
XXIII        Disciplinary Action                         25
XXIV         Grievance Procedure                         25

XXV          No Strike Clarts                            26

XXVI         Position in Jeopardy                        27

)0CVII       Duties ofEnciployees — First Aid Supplies   27
XXVIII       Uniforms and Equipment                      27

XXIX         Reimbursed Travel Expense                   28
XXX          Physical Fitness Program                    29
XXXI         Material in Personnel File                  29
)00M         Severability                                30
XXXIII       Final Agreement                             30
XXX1V        Management Rights                           30

)(XXV        E-911                                       30

XXXVI        Emergency Contact Stipend                   31

XXXV11       Maintenance of Benefits                     31

)00(V111     Miscellaneous Provisions                    31

)00CDC       Limited Duty                                32

XXXX         Perfonnance Appraisal                       33

APPENDIX A   Wage Schedules                              35
APPENDIX B   Specialty Positions                         38




                      2

Source page 20

This Agreement is made and entered into on the day of                        2011, by and between
 the Town of Canton, hereinafter referred to as the Employer, and the Canton Police Association MCOP Local
 374, hereinafter referred to as the Association.


                                                       ARTICLE I
                                                        Recognition
           The Employer recognizes the Association as the sole and exclusive bargaining agent for all the
 regular members of the Canton Police Department, exclusive of the Lieutenants and the Chief of
 Police.
           Any reference to the terms employee, employees, Officer, Regular Police Officer, or Regular Full-
 time Member of the Department within this Agreement shall mean an employee or employees covered by
 this Agreement.
                                                       ARTICLE II
                                                         Duration
           This Agreement shall become effective on July 1, 2008 and will continue in full force and
effect until June 30, 2011. hereafter, it will be renewed automatically from year to year unless, prior to
the end of any contract year, either party gives to the other not less than ninety (90) days' written notice of
its desire to amend or terminate this Agreement.


                                                      ARTICLE III
                                                    Payroll Deductions
           The Employer shall deduct dues and initiation fees from the wages of the employees covered by
this Agreement when the Employer has received from the employee a signed authorization card, and the
Employer will direct the proper authority to forward such amounts to the Association as soon as practical
thereafter, but no later than the twentieth day of the following month. The Association and any employee
covered by this Agreement agree to indemnify and hold hannless the Employer against any and all claims,
demands, suits or liability that might arise out of or by reason of action taken or not taken in respect to the
deduction of dues and initiation fees. The Employer shall make equal weekly deductions of all items
which the Employer is authorized to deduct, including taxes and medical insurance, etc., contingent upon
the Employer having the proper machinery to do so.




                                                        3

Source page 21

ARTICLE IV
                                                Agency Service Fee
        In accordance with the Massachusetts General Laws, any member of the bargaining unit who is not
a member of the Union shall, as a condition of employment, during the life of this Agreement pay on/or
after the 30th day following the beginning of his employment an agency fee which shall be determined by
the Union in accordance with applicable law. The agency service fee may be deducted in equal
payments from the salary of any employee who signs a written authorization to that effect, in
accordance with the provisions of Chapter 180, Section 170 of the General Laws, and transmitted
directly to the Treasurer of the Association. This Article shall be binding on all new employees hired after
July 1, 1988, and on all current employees who are members of the Union as of June 30, 1988. Current
employees who are not members of the Union as of June 30, 1988 shall be exempt from the agency fee
requirement. The Union agrees to indemnify the Town for any damages which the Town is required to pay
by an administrative agency or court of competent jurisdiction as the result of the Town's compliance with
this Article.


                                                    ARTICLE V
                                                      Seniority
      Section 1. Department seniority is defined as the length of continuous full-time employment in the
Canton Police Department. An officer's department seniority shall commence on his/her first date of
continuous full-time employment in the Canton Police Department. It is understood that an officer's date of
certification by Civil Service could, in some circumstances, be earlier than his/her department seniority
date.
        Section 2. Job seniority is defined as the length of continuous full-time employment in grade

or rank in the Canton Police Department An officer's job seniority shall commence from the date

of promotion.

        Section 3. A seniority list by grade (rank) in addition to a department seniority list shall be

posted once a year by the Chief.

        Section 4. In filling vacancies, the Chief will consider, among other factors, the department

and the job seniority of the applicants. If the senior person is not selected, the

Chief shall give an explanation to the unsuccessful applicant upon written request within
                                                      4

Source page 22

fourteen (14) days of the appointment.

       Section 5. Seniority shall be broken by resignation, layoff due to lack of work for a period

of five (5) years, or discharge.

       Section 6. Seniority shall not be broken by vacation time, sick time, injury leave,

compensatory time off or leave of absence.

      Section 7. Seniority on matters governed by Civil Service shall be determined in
accordance with Chapter 31, Section 33 of the General Laws.


                                              ARTICLE VI
                                                  Wages
       Effective July 1, 2008 there shall be a 2% cost of living wage increase.

       Effective July 1, 2009 there shall be a 2.5% cost of living wage increase.

       Effective July 1, 2010 there shall be a 3% cost of living wage increase.

       The parties agree that the E-9-11 ($2,350) stipend will be rolled into the base on the lastday of this

       contract (6/30/2011)
             The wage schedules for all employees covered by this Agreement
             are contained in Appendix A.


                                                  ARTICLE VII
                                                  Shift Coverage

A. TOURS OF DUTY
 A work schedule for four (4) days on duty arid two (2) days off duty shall continue in effect.

 Each work shift will consist of eight (8) hours:

                      Shift 1.        7:45 AM to 3:45 PM
                      Shift 2.        3:45 PM to 11:45 PM
                      Shift 3.        11:45 PM to 7:45 AM

B. REPLACEMENTS
       1. When the Employer elects to cover the absence from duty of an employee covered by this
                                                  5

Source page 23

Agreement, it shall only utilize the services of another employee within the bargaining unit except in the

following instance: If all employees on the overtime roster have been asked to work an overtime shift and

have refused, the Chief may then utilize the services of a certified and trained Reserve/Intermittent Officer.

Should another vacancy become available, the list must then be exhausted again before another

Reserve/Intermittent Officer may be utilized. If no officer or Reserve/Intermittent Officer is available to

work an overtime shift, the Chief has the discretion to hold over an officer from the previous shift.

        2. If there is a Sergeant vacancy on a particular shift, the Chief may assign a regular officer to

cover the vacancy if no Sergeant is available.

        3. All leave requests for sergeants shall be approved only by a commanding officer, scheduling officer
or designee and only if a replacement sergeant, lieutenant, or senior patrolman is available to work the shift in

the requesting sergeant's absence.

        4. For purposes of this agreement, an eligible senior patrolman shall be defined as any officer with
five (5) or more years of experience who has attended and successfully completed a Mass. Training Council

suicide prevention course, is E-911 certified, is a certified breath test operator, and who has become proficient

in the series of protocols developed by the Chief for patrolmen who wish to be assigned as an "officer-in-

charge" (01C). The Chief shall have the fmal right of approval in determining whether a patrolman has be

come satisfactorily proficient in the protocols developed by the Chief for OIC' s. The only restriction on the

Chiefs discretion is that there must be a minimum of seven (7) patrolmen eligible to be OIC's at all times.

        5. If a sergeant vacancy occurs due to other circumstances, all sergeants will be called in accordance
with established procedure. If no sergeant is available and willing to work, a lieutenant will

be asked to fill the sergeant vacancy. If neither a sergeant nor a lieutenant is available, the eligible senior

patrolman with the most seniority will assume Officer-in-Charge (OIC) duties. An eligible senior patrolman

may be called in to assume OIC duties only when the manning level for that shift requires it and only if no

eligible senior patrolman is already assigned to that shift.

                                                          6

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6. lino sergeant, lieutenant or eligible senior patrolman is available, the on-duty sergeant, if eligible,
will be held over. If this sergeant is ineligible, then the first eligible sergeant originally called will be required

to respond and work the shift. The sergeant will be notified of this possibility when he/she is first called. If no

eligible sergeant can be reached in this manner, it will be deemed an emergency and the on-duty sergeant shall

be held over, regardless of how many hours he or she has worked.

        7. At no time will there be an eligible senior patrolman OIC assigned for more than two (2)

consecutive shifts.

        8. When an eligible senior patrolman works a shift as an 01C, the off-going shift sergeant will make
sure that the OIC is briefed thoroughly and answer any questions the OIC may have. The off-going shift

sergeant will also make him/herself available for the first 4 hours of the OIC' s shift for consultation and advice

and leave a number with the OIC where he/she could easily be reached. The on-coming shift sergeant will

also make hirn/herself available 4 hours prior to his/her shift for the same purposes and also, upon relieving the

senior patrolman/OIC, make sure that all incident and arrest reports have been completed and all policies and

department procedures followed. The on-coming shift sergeant will also assist the OIC in closing out the daily

log.

        9. It is understood that a sergeant's leave request will not be denied solely because no sergeant is

available to fill the vacancy.

        10. In filling shift vacancies and insofar as is possible and compatible with the needs of the
Department, the Chief will try to assign employees to their preference of shifts on the basis of department

and job seniority.

        11. Officers will be allowed up to 5 shift swaps per month, upon the Chiefs approval, to a

maximum of 24 swaps per calendar year.

C. OVERTIME
        1. Overtime compensation shall be paid at the rate of time and one-half the base hourly rate of

                                                          7

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compensation. Overtime shall be considered as any time over and above those hours which the employee

is regularly scheduled to work in a particular shift or tour of duty.

           2. Overtime shall be offered starting with the senior employee and continuing down the seniority
list so that all regular officers will have an equal opportunity for overtime. The overtime roster shall

consist of each regular full-time member of the Department, and shall be maintained by the Chiefs

representative. A copy of said roster will be available upon request from the Association, and contained

therein shall be a list of all regular full-time members and the amount of overtime they have completed.

Officers will not be charged with a refusal on the overtime list if they have swapped a shift with another

officer.

           3. If an Officer is called to work early for a particular shift, or if s/he works beyond the end of
his/her regular shift, s/he shall receive overtime pay only for the time s/he works in excess of eight (8)

hours for that day, provided that the hours paid during the tour of duty exceed forty (40) hours as a

result of this overtime worked. If an Officer is called back to work after having completed his/her regular

shift for that day, s/he shall receive a minimum of three (3) hours' overtime pay. All such callback shall be

done rank for rank and position for position, including specialty positions, wherever possible.

           4. If an Officer is on an ambulance run and returns to the station after the end of his/her regular
shift, s/he shall receive a minimum of two (2) hours' overtime pay with the understanding that the

Chief, at his discretion, may keep the Officer for the full two (2) hours.

           5. The Employer may, in its discretion, vary any work shift by one (1) hour. No overtime shall
be paid for the time an Officer is at a police academy or other training program that requires an

overnight stay.

           6. Time spent in training programs in excess of the regular 4 and 2 work week will be repaid with
compensatory time off at the rate of time and one half; however, the Chief retains the right to

change an officer's shift during the period of the training program.

                                                           8

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7.No officer shall be assigned to nor accept any overtime shift for a period of twenty-four (24) hours
from the end of a shift that was not worked due to the taking of a sick day for personal illness. The

provisions of this sub-section shall apply only to officers who have used more than four (4) sick days in

a calendar year.

       8. Prior assignment of a detail, whether private or Town, shall not be cause for any officer not
to be offered overtime and charged overtime hours for either taking or refusing said overtime if the
hours of the detail conflict with the overtime hours being offered. Providing public safety to the
Town shall take precedence over any details.

 D. WORKING OUT OF GRADE
     When a Patrolman is performing the duties of a Sergeant for an entire shift, s/he shall receive the

 difference in compensation between his/her current pay and that of the grade in which /he will be working

 for that shift.
         In addition, any side agreement the parties may have had regarding sergeants working out of grade

 will be considered to be null and void as of June 10, 2005.


 E. SHIFT DIFFERENTIAL
         Employees working Shift 2 will receive a shift differential of 5% of their base pay. Employees

working Shift 3 will receive a shift differential of 6% of their base pay for each shift worked. The

parties agree that employees on shifts 1,2 and 3 shall receive an increase of $.15 on their shift differential.

         Effective July 1, 2005, the shift differential will be paid to the officers who are regularly assigned to

a shift that is subject to a differential. Officers will receive the shift differential if they work the shift or if

they receive paid leave for the shift. The shift differential shall be paid weekly. Officers covering a shift

 who are not regularly assigned to the shift are not eligible to receive the differential.




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F. ALTERNATE WORK SCHEDULE
       The Town shall have the right to schedule the prosecuting officers and, from time to time as the Chief

may determine necessary, three (3) other bargaining unit members on a 5-day on and 2 day off work

schedule, which shall consist of a tour of duty Monday through Friday. In such event, compensatory time

shall be granted at a mutually acceptable time.

G. COMPENSATORY TIME
       Each employee may accumulate up to 480 hours of compensatory time at any one time. Such

compensatory time is cumulative and may be carried over to the following year. Employees electing to

use compensatory time in lieu of overtime payment must notify the Employer of such election prior to

the processing of overtime payment, and it must be approved by the Chief. When compensatory time off

is not approved, overtime pay shall be made. Compensatory time shall be computed at time and one-half

for all overtime work performed.

 IL PROMOTIONAL LISTS
       Promotional lists shall be available at all times.

LWEEICEND DIFFERENTIAL
        Employees working Shifts 1, 2 and 3 on weekends will be compensated at the rate of

$.25 per hour in addition to their regular hourly rate when working between Midnight Friday and

Midnight Sunday (for a total of 6 shifts). It is agreed that the weekend differential shall not be

included in an employee's overtime rate when working on weekends. ( overtime if the hours of the

detail conflict with the overtime hours being offered. Providing public safety to the Town shall take

precedence over any details.)

 J. SPECIAL EVENTS

       If an employee takes part in any event approved by the Chief, when he is not scheduled to
be on duty as a member of the color guard, honor guard or firing squad units, he shall be compensated with
up to four (4) hours of compensatory time off to be used at the officer's discretion in accordance with the
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provisions of Section G of this Article.
                                                ARTICLE VIII

                                                  Paid Details

A. All private details shall be paid at time and one-half (11/2) the top step Sergeant's hourly rate plus one
   dollar ($1.00). All details worked for the Town shall be paid at time and one half (11/2) the officer's
    base hourly rate. Regular police officers, if available, shall be given preference on all detail
    assignments.

B. The Town agrees that, retroactive to November 1, 2005, the private detail rate will be computed by using
the after 20 years hourly rate for Sergeants. The parties also agree that the liability for payment rests
exclusively with the vendors who request the private details.

C. Officers who work a PRC/U detail that exceeds four (4) hours will be paid for six (6) hours. Officers
who work a PRC/U detail that exceeds six (6) hours will be paid for eight (8) hours. Officers who work a
PRC/U detail that exceeds eight (8) hours will be paid in increments of one (1) hour. For PRC/U details, any
portion of an hour will be considered a full hour.

D. A record of the number of hours spent on paid details by each Officer accepting details is to be kept by an
Officer appointed by the Chief of Police and agreed to by the Canton Police Association MCOP Local 374.

E. The first detail available during the weekly period will be assigned to the Officer with the lowest total
of detail hours as recorded. The next available detail will be assigned to the Officer with the next lowest
total of detail hours. All details will be assigned in this manner. If a regular Police Officer is unavailable
for a detail, the details will then be offered to a permanent intermittent officer.

F. Details will be paid the following week if physically possible. Both salary and paid details will be
combined in one check with sufficient information to determine the salary item and the paid detail items.

G. If a detail is cancelled after the Officer reports to said detail, he then shall receive a minimum of four
(4) hours' compensation at the scheduled rate. However, if the vendor cancels the detail and notifies the
officer and/or the police station at least one (1) hour before the detail is scheduled to begin, the officer
shall not receive compensation for the cancelled detail, whether or not he reports to the detail site.

H. Officers will be paid for any PRC/U detail that is cancelled less than eight (8) hours before the
scheduled start of the PRC/U detail.
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I. PRC/U details that are worked between the hours of 7:00 pm and 7:00 am or at any time on weekends
and holidays will be paid at time and a half (1 1/4) the private detail rate.

J. Private (non-Town) unscheduled details (those with less than 12 hours' notice) beginning between 12
midnight and 7:00 a.m., inclusive, shall be paid at time and one-half (1 1/2) the detail rate. Strike details will
also be paid at time and one half (1 1/2) the detail rate.

K. All private details will be paid from the scheduled starting time of the detail until the detail is
completed, inclusive.

L. No officer shall be assigned to nor accept any paid detail for a period of twenty-four (24) hours from
the end of the shift that was not worked due to the taking of a sick day for personal illness. The
provisions of this Section shall apply only to officers who have used more than four (4) sick days in a calendar

year.

M. Out of Town Details: Employees covered by this Agreement may work details in any town approved
by the Chief if that town has a reciprocal agreement with the Town of Canton regarding details and their
administration and/or in any town that calls for the services of a Canton police officer (e.g., Foxborough
and Mansfield) provided that the employee meet and accept the standards set by said town and

by the Town of Canton.

N. The Town and the Union acknowledge that the Chief of Police possesses the discretion to determine
the appropriate level of police service in the Town to ensure public safety. Therefore, notwithstanding
any regulations or guidelines to the contrary, the Chief of Police has the discretion to require the
presence of a sworn police officer, employed on a paid detail basis, in all instances where there is a
street opening or any work to be done on a public way or at any public function in Town. The Chief
shall have the further discretion to determine the number of officers assigned to any such instance
necessary to maintain public safety.

0. The Chief or his designee has the right to reassign an officer from a detail in order to have him/her
work a shift if the Chief or his designee determines that it is in the best interest of public safety and shift

coverage.




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ARTICLE IX
                                                  Longevity

        Employees shall receive the following annual non-cumulative longevity increments:

                After 5 years of continuous service           $300

                After 10 years of continuous service          $425

                After 15 years of continuous service          $625 plus one additional personal day

                After 20 years of continuous service          $750 plus one additional personal day

                After 25 years of continuous service          $850 plus one additional personal day

        Full longevity payments will be effected on the anniversary date of the employee's employment. An

employee retiring prior to his/her anniversary date shall be paid on a prorated basis from the last anniversary

date.
                                                 ARTICLE X
                                         Career incentive Payments
        It is agreed that all matters relative to Career Incentive Payments will be governed by the

provisions of Massachusetts General Laws, Chapter 41, Section 108L, as amended from time to time.

                                                ARTICLE XI
                                              Group Insurance


A. The Town will provide a plan of group life, accidental death and dismemberment, and general or
blanket hospital, surgical and medical insurance as authorized under the provisions of G.L. c.32B. The Town

will pay 75% of the premiums for an indemnity carrier and 75% of the premiums for any HMO offered by

the Town. The employees will pay 25% of the premium whether they are in the indemnity plan or an

HMO. The Town shall continue to provide a dental plan to employees with 75% of the premium paid by the

Town and 25% of the premium paid by the employee. The Town agrees to obtain minimum program

participation requirement applies an improved Delta Dental Plan for police officers effective 7/1/09 subject to

the limitations of G.L. c. 32B. The cost of said plan will be borne 100% by employees.
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B. The Town agrees to pay for eyeglasses broken or lost in the line of duty through no negligence on the part

of the employee,

C. The following health insurance changes will go into effect on January 1, 2006:

           • Effective on January 1, 2006, the BC/13S PPO (Blue Care Elect) will be made available to all
             bargaining unit employees and to all other employees in the Town. The current Harvard and
             BC/BS Master Medical Plans will also continue to be available to those employees who prefer
             to be enrolled in those plans in lieu of a salary increase.
           • The  new salary schedules for 2004-2007 will apply only to those bargaining unit members
             who are not enrolled either in the BC/BS Master Medical plan or the Harvard Pilgrim HMO
             as of January 1, 2006. Unit members who choose to remain in or enroll in either of these two
             plans at any time after January 1, 2006 will be placed on the Master Medical/Harvard salary
             schedule, which will be the same schedule that was in effect for the 2003 — 2004 contract
             year. Employees who opt out of the Master Medical or Harvard plans may not enroll in either
             of those plans during the life of this Agreement. New employees may enroll in the Master
             Medical or Harvard plans at the lower salary or they may choose not to enroll in one of those
             two plans and thus be placed on the higher salary schedule.
           • The  Town will phase out the Harvard HMO and the BC/BS Master Medical plan once all the
             other bargaining units in the Town have agreed to the new plan.
           • Effective January 1, 2006, the following co-pay amounts will apply to the HMO:
                 o Prescription drugs:        $10 - $25 - $35
                 o Office Visit:              $15
                 o Emergency room:            $50

D. Health Insurance Opt Out Stipend: The Town agrees to pay officers who are currently enrolled in a
Town Health Program and who opt out of the Town's health insurance plan shall be eligible for the insurance
opt out stipend. Officers who elect to decline the Town's health insurance benefit program either directly or
through their spouse, and can provide proof of health insurance coverage from an alternate source are eligible
to receive a stipend of $2,000.00 per year.
    Payment of the stipend shall be on a pro-rated weekly basis and not paid as a lump sum. In the event of a
loss of health insurance coverage through an alternative source, the officer must notify the Town and either
find another source of health insurance or re-enroll in the Town's health insurance benefit. Upon
reenrollrnent in the Town's health insurance benefit, the officer is no longer eligible for the insurance opt out
stipend. Payment of the stipend shall terminate on the effective date of re-enrollment in the Town's health
insurance benefit




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ARTICLE XII
                                                  Vacations

      Employees shall be eligible for paid vacations at their regular pay on the anniversary date of
A.

their employment on the following basis:

                 1st anniversary date -       14 working days' vacation

                 5th anniversary date -       21 working days' vacation

                10th anniversary date -       28 working days' vacation
     The Chief shall grant vacation leave at such times during the vacation year as will best serve the public
B.
interest. Preference shall be given persons on the basis of years of service for the Town.
   If an employee elects to use one (1) vacation day or a personal day or a compensatory day off in any
C.
combination with his two (2) regularly scheduled days off, then, for overtime callback purposes only, those
days off shall be considered as vacation. The employee will not be charged for any overtime until after

his/her first shift back to work.

D. All requests for summer vacation shall be confirmed by May 15th of each year.
   Employees may request a vacation day or a compensatory day off up to twelve (12) hours prior to the
E.
start of the shift, provided such day off will not require a replacement of that employee.

      The maximum number of vacation days that may be carried over from one vacation year to the next is
F.
thirty (30) days.
   An employee who is separated from the employ of the Town shall be paid in a lump sum for his/her
G.
unused vacation days up to a maximum of 30 days plus whatever vacation days he/she has earned since July
 1 of his/her final year of service. To assure timely payment, notice of intent to retire should be given to
 the Town by November 1 of the fiscal year prior to the fiscal year in which payment is expected. In case of
 death, payment shall be made to the deceased employee's estate.

    The Chief will post conspicuously any unused vacation time every three (3) months.
 H.
    Upon the approval of the Chief an employee may receive an advance on his/her vacation leave
 I.
 up to the amount of leave actually earned at the time of the request for vacation. Such advance shall be
 deducted from the amount of vacation to be credited on his/her anniversary date.

      More than two officers may take compensatory or vacation time on the holidays listed in Article XIII
 J.                                                       15

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provided that it does not result in mandatory forced overtime. In the event of a conflict, seniority shall
govern. Officers must notify the Chief with four (4) days' notice from the date that they are assigned to work
a holiday that they wish to have the day off.

                                                ARTICLE XIII

                                                   Homan
        Employees shall observe the following holidays with one regular day's pay on the day they

                                                Independence Day                Martin Luther King Day
are observed:       New Year's Day
                                                Presidents' Day                 Columbus Day
                    Labor Day
                                                Veterans' Day                   Memorial Day
                    Patriots' Day
                    Thanksgiving Day            Christmas Day

Chapter 147, Section 17A, Mass. General Laws, shall apply.
       Any payments to the employee under this Article shall be made in two (2) payments payable the
first week in December and the last week in June of each fiscal year or may be made as the holiday occurs in
the course of the year. The decision for such payment is to be made by the employee beginning with

each fiscal year.

                                                ARTICLE XIV

                                             Union Business Leave

       Employees who are members of the Association's Collective Bargaining Team shall be allowed
A.
reasonable time off to participate in the Association's negotiations or conferences with the Employer.
Approval for time off to negotiate may not be unreasonably withheld by the Chief No more than five (5)
bargaining unit members shall be allowed time off from duty under this Article in any bargaining year.

       The President of the Association, or his designee, shall receive a combined total of seven (7) days
B.
each year as time off with pay to attend to Union business. The seven (7) days off shall be approved only

if it does not require overtime callback.




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ARTICLE XV
                                      Disability Benefits & Sick Leave

NON-OCCUPATIONAL SICK LEAVE

       The payment of compensation to employees who are absent from work because of nonoccupational
illness or injury or exposure to contagious disease or severe emotional shock shall be subject to the following

provisions:
               A permanent full-time employee shall accrue paid sick leave entitlement at the rate of
       A
               1-1/4 days per month, accumulating without limit, less paid sick leave taken.

               Notification of absences shall be given as early as possible on the first day of absence. If such
       B.
               notification is not made, such absence may, at the discretion of the Chief of Police or
               appointing authority, be applied to absence without pay. The Chief of Police shall
               investigate and ascertain the validity of any request for non-occupational sick leave-made by
               an employee of his department, and shall approve the same if he is satisfied as to the validity of
               the request. He may also approve requests for sick leave due to family illness in the
               immediate household up to a maximum of seven (7) days per year, if satisfied as to the
               validity of such request. A physician's certificate
               stating the reason for incapacity and when the officer may be able to return may be required
               by the Chief of Police for absences of four (4) consecutive days.

               An employee who, after fifteen (15) years in the Canton Police Department, retires pursuant to
      C.
               G.L. c.32 (or, in case of death, his estate) shall be compensated for all unused sick days in
               excess of 85 up to a maximum of 225 days. The rate of compensation shall be as follows:

                             Patrolmen - $70 per day
                             Sergeants - $80 per day
              Effective July 1,2000, employees shall be compensated for all unused sick days in excess of 50
              days at a daily rate of $100 for Patrolmen and Sergeants up to $4,000. The maximum amount that an
              employee cameceive under this Article as of 7/1/00 shall be $4,000.

              This change shall not apply to any officers who have accumulated more than 200 sick days as
              of 7/1/98. Those officers shall continue to receive the buy-back benefits described in the first
              paragraph of this Section.
               To assure timely payment, notice of intent to retire should be given to the Town by November
               1 of the fiscal year prior to the fiscal year in which payment is expected.

           D. The Chief will post conspicuously any unused sick leave every month.
           E. Employees shall earn one (1) sick day off for every 90 consecutive days during which
              no sick leave is used. An employee may earn a maximum of four (4) days off in any
              fiscal year under this Section. These days must be taken with the Chiefs approval in
                                                         17

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accordance with the provisions of Article VIIG, Compensatory Time.


SICK BANK

     1. A Sick Bank Shall be established through the voluntary contribution by members of Local 465,
IBPO of sick leave days credited to each member's sick leave record. Members shall contribute no less
than one day of sick leave to this Sick Bank per year. Additional contributions of up to eight (8) days per
year may be made. A moratorium on the contribution of days may be granted with the approval of the

Union and the Sick Bank Committee.
      2. Employees shall be eligible to utilize the Sick Bank upon written application to the Sick Bank
Committee not more than two weeks prior to the expected exhaustion of their available sick leave,
vacation leave, personal leave and compensatory time. Employees shall receive their current hourly rate
regardless of the rate of pay of the employee who donated the time,
       3. On July 1 of each year, a member who contributes any amount of sick leave days shall sign a
statement indicating the amount of leave being contributed and forward it to the Police Chief, who shall

maintain a record of said contributions.
      4. A member shall not contribute sick leave days that are not yet credited to him.

        5. Any sick leave advanced by members to the Sick Bank which is not used shall remain in the

Bank.
        6. When an Officer's medical condition renders him able to return to regular duty, he shall do so.

Failure to do so shall terminate his eligibility to use the Sick Bank, He shall submit medical reports of

his condition to the Chief, upon the Chiefs request, in order for the Chief to enforce this provision.

        7. Employees shall be eligible to join the Sick Bank only after one (1) full year of employment.

        8. The Sick Bank Committee shall consist of the following:

               A. the president of Local 465;
               B. a member-at-large, Local 465;
               C. the Police Chief;
               D. the Executive Secretary; and
                E. a Selectman or a designee.
        9. The following criteria shall be used by the Sick Bank Committee in determining eligibility:

                A.    adequate medical evidence of serious illness or injury;
                                                       18

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B.       prior utilization of sick leave over at least the last five (5) years;
               C.       propriety in the use of sick leave; and
               D.       length of service in the Town of Canton.

           The initial sick leave grant shall be for up to thirty (30) days. Additional time may be granted
       10.
by the Sick Bank Committee upon a demonstration of need by the employee in increments of fifteen (15)

days.
           Sick bank no longer requires employees who use the sick bank to pay it back.
        11.
           If the Sick Bank is exhausted at any time, it shall be renewed by the contribution of one (1)
        12.

additional sick day by each employee.
           Any employee who has joined the Sick Bank must have a minimum of three (3) years in the
        13.
Bank before being eligible to borrow days from the Bank.
           Decisions of the Sick Bank Committee are not subject to the grievance procedure of this
        14.

Agreement.

                                                    ARTICLE XVI

                                                 Line of Duty injuries

                       Whenever a Officer has been incapacitated for duty by reason of an injury sustained
          Section I:
 while in the performance of his duty, he shall present his claim for compensation under the provisions of

 G.L. c.41 §111F in writing to the Chief within ten (10) days. The Chief shall promptly investigate the

 incident which gave rise to the injuries and make a determination within a time that is reasonable and

 consistent with the nature of the injury. In its discretion, the Employer shall have the right to designate a

 physician to examine the Officer and determine whether or not he is indeed incapacitated by reason of an

 injury sustained while in the performance of duty without fault on his part.

 The officer shall also have the right to be examined by a doctor of his own choosing to determine whether he
 is incapacitated by reason of an injury sustained while in the performance of duty without fault of his own.
 The employee's physician shall be afforded full opportunity to consult with the Town's physician as to the
 employee's fitness to resume police duty. If the employee's physician and the Town physician disagree as to
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such "fitness" to return either to full or limited duty, the following procedure shall be employed:

1. The Chief will provide a copy of the Town physician's report and recommendations to the employee to
    share with his/her physician.

2. The employee's physician shall provide the following information to the Chief, in writing and in as timely
    a fashion as possible:

        a. an up to date evaluation of the employee's condition, including a diagnosis, a prognosis, an
           evaluation of the employee's ability to return to full or limited duty work, and an opinion as to
            when he/she may return to such work;

         b. the employee's physician must specify in what manner and how s/he disagrees with the Town
            physician's evaluation and recommendations as to the employee's fitness to return to full or

             limited duty.

 3. Both the Town and the employee's physician are encouraged to consult with each other to exchange
     views or seek clarifications.

 4. When there is a conflict of opinion between the physicians, the Town will coordinate the selection of a
     third physician who is acceptable both to the Town's and the Employee's physician. The third party
     physician, at the Town's expense, shall examine the officer and render a written medical opinion as to the
     employee's fitness to return to full duty or limited duty. Copies of the third physician's opinion shall be
     forwarded to the Town, the Town's physician, the employee and the employee's physician.

     Pending receipt of such written medical opinion, the Town shall not require the employee to return to
     duty and shall continue to fully compensate him on either paid injured leave or sick leave, depending
     upon whether the sickness, injury or disability was sustained in the line of duty, as the case may be.

     If the third physician determines that the employee is no to fit to return to full duty, the employee shall be
     continued on a paid injured or sick leave.

     If the third physician determines that the employee is fit to return to full duty or limited duty, the
     employee shall no longer be continued on paid injured or sick leave.

     The opinion of the third physician shall be final and binding on the parties. His/her determination shall
     not be subject to the grievance/arbitration provisions of this Agreement.

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Section 2: Until such time as a final determination is made, the Officer may, at his option, be placed on sick
leave, provided that any sick leave so used will be recredited in full should his claim be approved.

Section 3: If the Officer's claim is rejected by the Chief, he shall be promptly notified in writing and shall
have the right to grieve the rejection under the provisions of Article XXIV of this Agreement. Nothing in
this Article shall deprive an Officer of his right to pursue his claim in the courts.

Section 4: Whenever an Officer has been incapacitated for duty by heart disease or hypertension and can
show that his condition is causally related to specific incidents which occurred while on duty, he shall be
compensated under the terms of this Article.

,Sedion5: An Officer shall be entitled to receive compensation as defined in Section-6 of this Article for
the period of his incapacity. If such period exceeds thirty (30) days, the Employer or its designee may
require periodic written medical testimony supporting the claim of continual incapacity. An Officer's
entitlement to compensation under this Article shall cease after he has been retired or pensioned in
accordance with law or after a physician designated by the appointing authority of the Town of Canton has
determined that the Officer's former incapacity for duty no longer exists.

Section 6: For the purposes of this Article, compensation under G.L. c.41, § 111F shall be defined as the
Officer's base weekly pay, including career incentive, EMT, and longevity, but excluding overtime, shift

differential, specialty pay and paid details.

Section 7: Employees will be allowed to accrue vacation and sick leave while out on injured leave under
this Article. Employees shall also continue their insurance coverage as provided under Article XI of this

Agreement.
                                                 ARTICLE XVII
                                                Bereavement Leave
         A. In the event of death in the immediate family of an employee, the employee shall be granted

        up to four (4) days' leave without loss of pay, the last day of which may be one day after the
        funeral or memorial services. For purposes of this Article, the term "immediate family" shall

        include the mother, father, spouse, child, brother, sister, grandchild, grandparent, mother-in-law,

        father-in-law, brother-in-law, and sister-in-law.
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B. In the event of death of an employee's uncle, aunt, nephew, niece, or non-relative who has
      lived in the employee's household for a minimum of one year, the employee shall be granted one

      (I) day's leave on the day of the funeral or memorial service.

         When leave is taken under Section A of this Article, an employee may take an additional one
      C.
      (1) day's leave at the Chiefs discretion as either a vacation day or a compensatory day off at the

      employee's option.

           Employees shall not be charged for details or overtime not worked while out on leave under
      D.
      this Article.

                                             ARTICLE XVIII
                                                Court Time
       For services as a witness in court required as part of an employee's duties during hours that the
employee is not scheduled to work, the employee shall receive time and one-half or compensatory time off,

under G.L Chapter 262, Sections 53A and 53C.

       An employee requesting said compensatory time off shall receive same at the Chiefs discretion.
       The minimum time as a witness in court for which the employee shall be compensated under this

Article shall be four (4) hours.
        Payment for court time shall be made as soon as possible after the appearance. The Prosecuting
Officer shall submit weekly court-time totals to the Lieutenant's office for verification and prompt processing

for payment.

                                               ARTICLE XIX
                                                  Jury Duty
        If an employee is called for Jury Duty, the Town agrees to pay the difference between the
employee's regular salary and whatever compensation he/she receives for Jury Duty, provided that the
employee is available for work when the jury is not sitting.




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Source page 40

ARTICLE XX
                                         Personal Business Days.
        With the prior approval of the Chief or, in his absence, his designee, employees shall receive two

(2) personal business days off as needed each fiscal year with no change in accumulated sick time,

provided that not more than three (3) Officers shall be permitted to claim such right during the same

shift/day. Said days cannot be accumulated from one year to the next and will be forfeited at the end of

the fiscal year if unused.

                                              ARTICLE XXI
                                             Leaves of Absence

 SECTION 1. MILITARY LEAVE
         Military leave for training in a National Guard or Reserve organization shall be granted without

 charge to Annual Leave for not more than fifteen (15) days in a fiscal year. An employee so absent shall

 be paid the difference between his or her military pay and straight time pay for a "normal work week".

 If the military pay is greater than the "normal pay", then none shall be paid by the Town.

 SECTION 2. MILITARY DUTY
        An employee leaving the service of the Town of Canton to serve the Federal or State Government
in its armed forces shall retain his seniority during such service and shall be returned to employment as
provided by law. This provision shall not apply to any employee who has been hired to fill the position
vacated by any employee serving the Federal or State Government in its armed forces. The Employer
further agrees to abide by the military leave policy adopted under Article XIII of 1967 Canton Annual

Town Meeting.
SECTION 3. OTHER LEAVE WITH PAY
    No charge is made against leave in certain instances, such as:
        a.      Taking part in official training programs, when approved by the Chief or the
                appointing authority.
        b.      Promotional examinations held for employees of the Town.

        c.      Blood donations, up to four (4) hours.

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