Deputy Fire Chief FY19-21 — 44c269411c5028045f

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TOWN OF CANTON
CONTRACT OF EMPLOYMENT
DEPUTY FIRE CHIEF

Agreement

This agreement is between the Town of Canton, acting through its Board of Selectmen and Scott E. Johnson
(hereafter referred to as the Deputy Fire Chief, Deputy, or employee). The Fire Chief shall provide day-to-day
direction, guidance and supervision to this position – Deputy Fire Chief.

SECTION I.
1) TERMS AND CONDITIONS:

a. This employment agreement’s term is July 1, 2018– June 30, 2021

b. The position of Deputy Fire Chief is under the direct, day-to-day supervision of Fire Chief. This
contract may be extended or renewed by written approval of the Board of Selectmen.

c. In the event the employee desires to resign from the position of Deputy Fire Chief before the
expiration of the aforesaid term of employment, the employee will provide written notice at least
thirty (30) calendar days in advance to the Fire Chief. In the event that the Town decides not to renew
this contract at the end of the term stated above, the Town will provide at least thirty days (30)
advance notice in writing to the employee of the decision to not renew.

d. The Town may discharge the Deputy Fire Chief at any time during the term of this agreement for good
cause. In the event the employee is separated/discharged by the Town for any other reason, not
related to good 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 a
lump sum cash payment, equal to one week’s salary for each year the employee has served the Town.

e. Under the direction of the Fire Chief, duties are as identified in the attached position description
(Appendix B) which becomes part of this agreement. The Town reserves the right to modify duties
and responsibilities outlined in the position description as determined by the Employer during the
term of this agreement.

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TOWN OF CANTON
CONTRACT OF EMPLOYMENT
DEPUTY FIRE CHIEF

2) COMPENSATION

The Town agrees to compensate the Deputy Fire Chief at a minimum 42 hour work week for the period as
follows:

For the period of 7/1/2018 through 6/30/2019 the salary of $120,612.00 (2% COLA)
For the period of 7/1/2019 through 6/30/2020 the salary of $123,024.24 (2% COLA)**
For the period of 7/1/2020 through 6/30/2021 the salary of $131,758.95 (2% COLA)

a. Annual salary payments are to be made in fifty-two (52) equal weekly installment payments.

b. Deputy shall be paid a 5% raise after 20 years of service in the Canton Fire Department
** March 18, 2020 annual salary $129,175.45 pro-rated through June 30, 2020

c. Overtime. It is understood that this position is a salaried position (no overtime/compensatory time)
exempt under the Federal Fair Labor Standards Act and may be require the Employee to work beyond
42 hour weekly schedule, including nights and weekends, and schedule is subject to change without
notice. It is understood that this position requires performance outside of regular office hours and the
Town therefore agrees to provide the Employee with the use of a Town cellular telephone and
computer (including relevant hardware and software) to use offsite.

d. Professional Development expenses shall be paid up to $2,500

e. Deputy Chief shall be allowed to be an active member of the Massachusetts State Hazardous Material
Team.

f. Deputy shall receive compensation for training and responses paid for by the Massachusetts
Department of Fire Services.

g. Deputy shall receive third party detail rate at the same rate as set in Local 1580 Contract.

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TOWN OF CANTON
CONTRACT OF EMPLOYMENT
DEPUTY FIRE 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.

b. DISABILITY/LIFE INSURANCE: The Town agrees to provide reimbursement to the employee for
disability and/or term life insurance policy payments not to exceed five Hundred Dollars ($500) per
year during the term of the contract.

c. VACATION LEAVE: Vacation leave shall be granted as follows: Four weeks – total of 28 working
tours per year. Upon retirement, resignation, or death of the Deputy Fire Chief, he (or his estate) shall
be paid the amount of unused vacation leave as available. He shall not be permitted to carry over
more than 30 days of leave from one vacation to the next. Vacation credit to employee accruals shall
be made on July 1st of each contract year, in full not to exceed 28 working hours per year.

d. SICK LEAVE: Sick leave (non occupational) 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 entitled to receive salary compensation for Fifty Percent (50%) of unused
accumulated sick time. In the case of death, payment shall be made to the deceased employee’s estate,
with payment calculated at the current daily rate of pay. In no event shall sick time buy back payment,
under this section, fifteen thousand dollars ($15,000).

In addition, the employee is allowed, with the approval of the Appointing Authority, use of
accrued non-occupational sick leave, up to seven (7) days per contract year, for family-related
sick leave.

Employee may be required, upon request by the Town, to provide a Physician’s certificate at
any time by the Town for absence(s) of any duration. In addition, employee may be required
to be examined by a Town-designated physician to verify need for absence.

e. PERSONAL LEAVE: Granted 3 days per fiscal year. Personal leave days may not be carried over
from one contract year to the next contract year.

f. RETIREMENT: Contributory retirement coverage with Norfolk County Retirement Board will be
provided, as required by state law.

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. In no event shall said payment exceed on thousand five hundred
($1,500) per fiscal year. 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 the
departmental available annual appropriation. This provision is subject to the sole discretion of the
Town.

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TOWN OF CANTON
CONTRACT OF EMPLOYMENT
DEPUTY FIRE CHIEF

h. OTHER BENEFITS: The town will provide the Deputy Fire Chief with the following additional
benefits as are conferred upon other Town Employees: 111F, paternity leave, leave of absence, and
approved leave(s) with or without out pay as approved by the Town.

i. JURY DUTY: The Employer agrees to make up the difference between the weekly wages 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, or sister-in-law, niece and nephew. In the event of death of the employee’s
uncle, aunt, or non-relative living in the employee’s household for a minimum of one year, the
employee shall be granted one (1) day’s leave on the day of the funeral.

k. TRAVEL –Parking, tolls, meals and conference expenses as they relate to the performance of the
Deputy Fire Chief position duties shall be reimbursable, All requests for reimbursement shall be
submitted in conformity with existing town practices and procedures relating to reimbursement for
expenditures. The Town shall provide a vehicle for personal and professional use during this contract.

l. 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
Three Hundred Dollars ($300) in any contract year.

m. 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 Half 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.

5. MISCELLANEOUS: Other additional fringe benefits as are conferred upon the Employee shall include:
retirement, line of duty injuries (Chapter 41, Section 100, and Section 111F), travel expense, conference
reimbursement, protective clothing, air masks, court leave, military leave, and jury duty, other leave with
pay, leave of absence approved by employer; shall be granted to the Deputy Fire Chief.

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TOWN OF CANTON
CONTRACT OF EMPLOYMENT
DEPUTY FIRE CHIEF

6. UNIFORMS: The Deputy Fire Chief will be reimbursed one thousand two hundred dollars ($1,200)
annually for uniforms and related clothing. The cost of uniform cleaning will be reimbursed to Employee
for cleaning of Fire Department uniform.

7. OUTSIDE EMPLOYMENT: The Employee shall not engage in outside employment without the prior
written approval of the Town. Said outside employment, if approved, shall not conflict with the
performance of the Employee’s duties as described herein and as modified from time to time by mutual
agreement.

8. CIVIL SERVICE: The Deputy Fire Chief shall retain his Civil Service rights as determined in
accordance with M.G.L.A. Chapter 31, as amended, provided, however, that he shall do and perform all
acts necessary or incidental to preserve said Civil Service rights.

9. ACTING CHIEF: The Deputy Fire Chief will be paid Acting Chief pay after the Fire Chief is out for
more than one week and so assigned by the Fire Chief.

10. 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 Deputy
Fire Chief in accordance with the provisions of M.G.L. Chapter 258. 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, pursuant to state law.

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TOWN OF CANTON
                        CONTRACT OF EMPLOYMENT
                              DEPUTY FIRE CHIEF



For the Board of Selectmen:                       For the Employee:


_______________________                           _______________________
Mark J. Porter,                                   Scott E. Johnson
Chairman

_______________________
Christopher Connolly,                             ______________________
Vice Chairman                                     Date

_______________________
Kevin T. Feeney,
Clerk

________________________
John J. Connolly,
Member

_________________________
Thomas Theodore
Member


_________________________
Date




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