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Police Superior Officers Association (PDF)

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11/23/15
MEMORANDUM OF AGREEMENT

The Town of Canton (Town) and the Canton Police Superior Officers Association (SOA)
hereby agree to a new three-year contract 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 I - DURATION

This Agreement shall become effective on July 1, 2015 and will continue in effect
until June 30, 2018.

2. ARTICLE V - WAGES
a) The parties agree to the following wage increases:
effective 7/1/15 - 2.0%
effective 7/1/16 - 2.0%
effective 7/1/17 -2.0%

b) Specialty Positions

The following stipends for Specialty Positions will be paid one half (%) in
June and one half (4) in December of each fiscal year:

1) Cell Phone - Increase stipend by $50 from $600 to $650 per year

2) First Responder — Increase stipend by $200 from $300 to $500 per year

3) EMT - Increase stipend by $200 from $1,675 to $1,875 per year

4) Adda NIBRS Coordinator Specialty Position at a stipend of $1,600/yr.

3. ARTICLE VII - PERFORMANCE INCENTIVE PAY
Effective July 1, 2015, the following $200 increases in PIP shall apply:

After 5 years of continuous service - from $300 to $500 per year.
After 10 years of continuous service - from $425 to $625 per year
After 15 years of continuous service - from $625 to $825 per year

After 20 years of continuous service - from $750 to $950 per year
After 25 years of continuous service - from $850 to $1,050 per year

- ARTICLE IX -- HEALTH INSURANCE
Increase the Health Insurance Opt Out Stipend by $250 per year as follows:
Effective 7/1/15 - from $2,500 to $2,750 per year
Effective 7/1/16 - from $2,750 to $3,000 per year
Effective 7/1/17 - from $3,000 to $3,250 per year
- ARTICLE XIII - SICK LEAVE BUY-BACK
Section C, Paragraph 2 will read as follows: Employees shall be compensated for
all unused sick days in excess of 50 days at a daily rate of $120 up to a maximum
of $20,000.
» ARTICLE XXIII - UNIFORMS & EQUIPMENT
The annual uniform allowance will increase from $900 to $1,000.
» ARTICLE XXXII - PROFESSIONAL DEVELOPMENT
Tuition reimbursement shall be increased by $250 from $1,250 to $1,500 per year.
The annual professional development reimbursement will increase from $750 to
$1,250 per employee. The Chief has the discretion to increase the amount of
reimbursement if additional monies are available.
- REOPENER
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.

FOR THE TOWN OF CANTON       FOR THE CANTON POLICE

SUPERIOR OFFICERS (SOA)
oI

WAGE SCHEDULE FoR POLICE SUPERIOR OFFICERS

1/7/2013


                         MEMORANDUM OF AGREEMENT
                                  between the
                               TOWN OF CANTON
                                    and the
                        SUPERIOR OFFICERS ASSOCIATION

       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 I - Duration

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

   2. Article V - Wages

      1)     FY13 - 7/1/2012 — 2% Across the Board Wage Increase
             FYI.4 - 7/1/2013 — 2% Across the Board Wage Increase
             FY15 - 7/1/2014 — 2% Across the Board Wage Increase

   3. 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 FYI.

   4. Article VI - Hours of Work and Overtime

      K) Weekend Differential - Increase the Weekend Differential from $.5o to $.6o
      per hour.

   5. Article IX - Health Insurance: Delete the current language and amend this
      Article by adding the following language:




                                           1

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 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 l00% 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. Health Insurance Opt Out Stipend: Add the following language as Section C:

   The Town agrees that Lieutenants who decline the Town's health insurance plan

   shall be eligible for the insurance opt out stipend. Lieutenants 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 $2,500.0o 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

   Lieutenant 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

6. Article XIII - Disability Benefits and Sick Leave: Non-Occupational Sick
   Leave: The parties agree to amend this Article as follows:

     C, SICK LEAVE BUY-BACK

      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.

      Lieutenants - $120 per day for all unused sick days in excess of 50 days to a
     maximum of $20,000

     Effective July 1, 2015, Section C, Paragraph 2 will read as follows:

     Employees shall be compensated for all unused sick days in excess of 50
     days at a daily rate of $115 up to $5,000. The maximum amount that an
     employee can receive under this Article as of 7/1/15 shall be $5,000.

7.      Article V - Wages

        2) Specialty Positions: The parties agree to amend this provision with
        the following increases:


Firearms Licensing                  $1,600 each per year (no increase)

Domestic Violence Officer           $1,600 per year (no increase)

Head Firearms Officer               $1,600 per year (no increase)

First Responder                     from $250 to $300

EMT                                 from $1,625 to $1,675

EMT License Renewal                 $200 each every two years (new addition)

8.      Article VI - Hours of Work and Overtime


E) Paid Details: Delete the last sentence, which reads as follows: In the event

that there are two (2) or more subordinate officers working on a detail and a

Superior Officer is assigned to supervise, the Superior Officer shall be paid three

dollars ($3.00) more per hour.

                                       3

9. Article XXVI - Physical Fitness Program: Add new Section E) as follows:

Superior Officers shall receive an additional $500 annual stipend IF they

successfully complete a physical endurance test or engage in another physical

program which demonstrates a high level of physical fitness and fits one of these

four (4) criteria:

       a. Be a full-time member of a gym or fitness facility and provide a letter

           that you attend on a regular basis;

       b. Participate in any organized athletic program on a regular basis;

       c. Finish at least two 5k road races; or

       d. Use the Gym at the police station at lease three (3) times a week for

           three (3) months.

10. Article II - Recognition

   A): Amend Section A to read as follows: The Employer recognizes the

   Association as the exclusive representative of all permanent Police

   Lieutenants. Permanent employees who attain a higher rank in the Canton

   Police Department, including Deputy Police Chief and Police Chief, are

   specifically excluded from this bargaining unit.

   D): Add a new Section D as follows: If the current Deputy Police Chief is not

   re-appointed to said position, the Superior Officers Association members

   shall be given first consideration when applying for Deputy Police Chief if they

   meet the following qualifications:

              a) Candidates must have a bachelor's degree, preferably in police
              science, criminal justice, public administration, or a related field.

              b) Candidates with a Master's degree and/or graduates of the FBI
              National Academy are preferred.



                                        4

c) The position requires ten (1o) years' work experience as a sworn
                    police officer in Canton, five (5) years of which shall have been in a
                    supervisory position at the rank of Lieutenant.

                    d) The candidate must have a thorough knowledge of technical and
                    managerial aspects of police administration and must have strong
                    skills in written and oral communication, budgeting, personnel,
                    homeland security and community relations.

             If the Police Chief determines that these qualifications are not met, the
             Town of Canton may pursue the best qualified candidate outside the
             Association.


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



                                               Canton Police Superior Officers Assn.




Date                                           Date:




                                           5

MEMORANDUM OF AGREEMENT
                           BETWEEN
                    THE TOWN OF CANTON
                            AND
      THE CANTON POLICE SUPERIOR OFFICERS ASSOCIATION

The Town of Canton (Town) and the Canton Police Superior Officers Association (SOA)
hereby agree to the following terms for a'collective bargaining agreement effective July
1, 2008 through June 30, 2011. 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 I (A)-Duration: July 1, 2008 to June 30, 2011


   1 ARTICLE V (1)-Wages: The parties agree to the following wage (COLA)
      increase

          a. 7/1/08 2 % (Retroactive from time of signing to 7/1/08)
          b. 7/1/09 2.5 %
          c. 7/1/10 3 %


   3. ARTICLE V (1b)-Rank Differential: The parties agree that the rank differential
        will be raised from $1,750 to $2,000 and added into the base. As of the last
        day of FY11 the amount of $2,000 will be permanently included in the base so
        that any subsequent COLA is calculated with this $2,000 in the
        base.


   4. ARTICLE V (2)-Specialty Positions: The following are the agreed upon
        specialties and payments that will be compensated as a result of this
        agreement. They will be payable in June (1/2) and December (1/2) of each
        fiscal year.
                     Administrative Officer         $3,000 per year
                     Firearms Licensing (x2)        $1,600 each per year
                     Domestic Violence Officer       $1,600 per year
                     Head Firearms Officer           $1,600 per year
                     Evidence Officer                $1,600 per year
                     Sex Offender Registry Officer $1,600 per year
                     First Responder                 $250 per year
                     EMT                             $1,625 per year


                               Page 1 of 3

5. ARTICLE V (2)-911 Specialty Position:

                 Effective July 1, 2008 the annual stipend
                 for performing defibrillator and 911 functions and subsequent related
                 training will be $1,850.

  GO 0           Effective 7/1/09, the stipend shall be $2,100.

                 Effective 7/1/10, the stipend shall be $2,350. As of the last day of
                 FY11, this amount will be permanently included in the base so that
                 any subsequent COLA is calculated with this $2,350. in the base.


6. ARTICLE VI (E-I)-Details: The Town agrees to accept the below language put
               forth and include same in this agreement in the section covering
               paid details:

         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
         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.

7. ARTICLE VI (K)-Weekend Differential: The parties agree that the employees
       working on shifts 1, 2, & 3 on weekends will be compensated at the rate of
       $.50 per hour, in addition to their regularly scheduled hourly rate, when
       working Friday 12a-8a, Saturday 8a-4p, 4p-12a, & 12a-8a and Sunday 8a-4p
       & 4p-12a.

8. ARTICLE VII-Performance Incentive Pay: The parties agree to an increase in the
       PIP pay to be paid on June 1 of each calendar year when the employee has
       received a "Meets Expectation" performance rating or higher. The
       compensation will now be as follows:

             After 5 Years of Continuous Service $300.
             After 10 Years of Continuous Service $425
             After 15 Years of Continuous Service $625
             After 20 Years of Continuous Service $750
             After 25 Years of Continuous Service $850


                                Page 2 of 3


                           Ds u                             Fy o9

9. ARTICLE XXIII-Uniforms & Equipment: The parties agree that the uniform and
       equipment allowance will be increased to $900 per employee each fiscal
       year.

10. ARTICLE XXXII-Professional Development: The parties agree to increase the
        professional development allowance to $1,250 per employee per fiscal
        year.



                         SIGNATURE PAGE


                       AN ON          CANTON POLICE SUPE          ph_ 0    ERS




  2,4-1//c1/gi




                                Page 3 of 3

Revision to Original Contract Dated: 06-03-2003
09-07-2005

This AGREEMENT is made and entered into this 1 day of July, 2004 by and between, the Town

of Canton, hereinafter referred to as the Employer, and the Canton Police Superior Officers

Association, hereinafter referred to as the Association.

A)

A)

B)

C)

ARTICLE I

DURATION
This Agreement shall become effective on July 1, 2004 and will continue in effect until June
30, 2007. Thereafter, it shall be renewed automatically from year to year unless either party
gives to the other party not less than ninety (90) days’ written notice prior to the end of any
contract year of its desire to amend or terminate this Agreement.

ARTICLE IT

RECOGNITION

The Employer recognizes the Association as the exclusive representative of all permanent
Police Lieutenants and any permanent employees who attain a higher rank in the Canton
Police Department, excluding the Chief of Police.

The Employer agrees not to discriminate against any employee merely because of his
affiliation with the Association.

The Employer and Association agree not to discriminate against any employee of the

Association because of his/her sex, race, age or handicap.

ARTICLE Til
PAYROLL DEDUCTION

The Employer shail 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 harmless 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,

Section 1:

Section 2:

Section 3:

Section 4:

ARTICLE IV

SENIORITY
Department seniority is defined as the length of continuous full-time employment in the
Canton Police Department. Any Association Member’s department seniority shall
commence from the date of his/her certification by Civil Service as a regular full-time
permanent member of the Canton Police Department.
Job seniority is defined as the length of continuous full-time employment in the grade
or rank in the Canton Police Department. Any Association Member’s job seniority
shall commence from the date of promotion, or in the case of a transfer, from the date
said transfer was approved by the Town of Canton Board of Selectmen.
A seniority list by grade (rank) in addition to a department seniority list shall be posted
once a year by the Chief.
Whenever a vacancy exists on any Association Member’s shift, the notice of vacancy
shall be posted together with the request to bid for a period of seven (7) days. In filling
vacancies, the Chief will consider, among other factors, the department and 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 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
(S) 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
M.G.L. Chapter 31, Section 33.
ARTICLE V
WAGES
1) The wages for Lieutenants shall be as listed below: See Exhibit A (Canton Police
Department Lieutenant's Salary Schedule FY05, FY06, FY07 attached hereto and

therefore made a part hereof.

la) After twenty (20) years association review, subject to satisfactory performance evaluation
five percent (5%) salary increase. Such increase shall be calculated on the then current

wage (s).

1b) Effective July 1, 2005 - $1,750.00 ~(Rank Differential)

2) Specialty Positions: In the event that an employee is assigned by the Chief of Police to
perform the full duties of the following Specialty Positions only, he may be compensated

in accordance with the following compensation schedule:

Administrative Officer:                                   $1,500 per year
Evidence Custodian Officer:                            $1,500 per year
Firearms Licensing Officer:                            $1,500 per year
Domestic Violence:                                      $1,500 per year
First Responder:                                     $ 250 per year
Sex Offender Registry:                                 $1,500 per year
Polices & Procedures

Development Officer:                                      $1,500 per year

Head Firearms Officer:                                $1,500 per year

911 Certification and related training:                $1,450 per year (07-01-2005)
$1,600 per year (07-01-2006)
EMT*:                                                          $1,625 per year

The duties required of each Specialty Position listed above are subject to change, as the

Chief of Police so determines.
* Compensatory time will be given at straight time for the hours needed to maintain EMT re
certification.

3)        The Town shall pay the cost of maintaining an Officer’s license to carry a firearm.
4)        The parties agree that all reclassifications will occur only through negotiations between

the parties to this Agreement and that there will be no reclassifications done by the

Town Meeting.

ARTICLE VI
HOURS OF WORK AND OVERTIME

A) The Association Member’s work period shall consist of four (4) consecutive duty days
followed by two (2) consecutive off-duty days or five (5) consecutive duty days followed by
two (2) consecutive off-duty days. A normal work day is eight (8) hours and, at his discretion,
the Chief may allow a portion of the normal work day for the purpose of taking part in a
physical conditioning program at the Police facility. This option shall be allowed upon
approval of the Chief and is subject to periodic change as he so determines.

B) In emergencies or as the need requires, if an employee is required to perform overtime work in

wo

the Department, he/she shall be provided monetary or compensatory time off at the rate of time
and one-half of straight time hours. The Employer will endeavor to distribute equitably the
opportunity for overtime.

C) Any employee who is called back to work after having completed his tour of duty or called

back on a day off or time off, shall be granted monetary or compensatory time at the rate of

time and one-half of straight time hours with a minimum guarantee of three (3) hours for such
call back. Any employee who is requested to appear before the Board of Selectmen in an
official capacity shall be guaranteed a minimum of two (2) hours' monetary or compensatory
time at time and one-half of straight time hours. Call back shall include departmental
meetings, shift or detail inspections, or other assignments as made or requested by the
Employer.

D) Ifan Association Member is performing the duties and functions of the Chief, he shall be paid
at the Chief's rate for each shift worked beginning on the first day as Acting Chief.

E) Association Members shall not be excluded from working privately paid details and/or details
that call for extra duties whether for the Town or the private sector. All private details shall be
paid at time and one-half (1 1/2) the top step Sergeant's hourly rate plus $1.00. Al! details
worked for the Town shall be paid at time and one-half (1/1/2) the officer's base hourly rate. In
the event that there are two (2) or more subordinate officers working on a detail and a Superior
Officer is assigned to supervise, the Superior Officer shall be paid three dollars ($3.00) more
per hour.

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

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

H) No officer shall be assigned to nor accept any paid detail 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 Section shall apply only to officers who have uscd more than four (4)
sick days in a calendar year.

1) A record of the number of hours spent on paid details by each regular police officer accepting

details is to be kept by a regular police officer appointed by the Chief of Police. Regular police
officers, if available, shall be given preference on all detail assignments. 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 full-time police
officer is unavailable for a detail, the detail will then be offered to a trained special police
officer.
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 item.
If a private detail is cancelled after the officer reports to said detail, he 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 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.
Ifa Superior Officer chooses not to work an out-of-town detail, it will not count as a refusal on
the detail list.

J) Employees working night shifts (2) and (3) will have their base pay increased for each shift

worked as follows:

Shift 2 (4-12): 5%
Shift 3 (12-8): 6%

K) Weekend 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 six (6) shifts). It is agreed that the

weekend differential shall not be included in an employee's overtime rate when working on

weekends.

L) 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 with the prior approval of the Chief.

M) Replacement — In the event there is no sergeant or associate member eligible or available to
work as a shift supervisor, the position shall be then only offered to an Officer in Charge
(OIC).

ARTICLE Vil
PERFORMANCE INCENTIVE PAYMENT

Employees who receive a Meets Expectations performance rating or higher shall receive the
following annual non-cumulative performance incentive payments:

After 5 years of continuous service - $300
After 10 years of continuous service - $425
After 15 years of continuous service - $575
After 20 years of continuous service - $700
After 25 years of continuous service - $800

Full performance incentive payments (PIP) will be made on June 1* of each contract year. An
officer retiring shall be paid on a prorated basis, using his most recent performance evaluation as a
criterion. In the event a written performance evaluation has not been completed by June 1°, the officer
will receive the PIP as if he/she had received a Meets Expectations rating.

ARTICLE VHI
CAREER INCENTIVE PAYMENTS
It is agreed that all matters relative to Career Incentive Payments will be governed by the

provisions of Massachusetts General Laws, ¢.41, §108L as amended from time to time.

ARTICLE Ix
HEALTH INSURANCE

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

Effective on January 1, 2006, the BC/BS 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:
Prescription drugs:              $10 — $20 - $35
Office visit:                               $15
Emergency room:                $50

ARTICLE X
VACATIONS

Current Employees or those (new members) of the Association who became members during

this term of the agreement shall be eligible for paid vacations on their regular pay schedule on the

anniversary date of their employment on the following basis:

A. 1st anniversary date - 14 working days' vacation;
B. 5th anniversary date - 21 working days’ vacation;
C. 10th anniversary date - 28 working days' vacation.

Any employee commencing work in the bargaining unit after June 30, 2007, who was not
previously employed as a regular, full-time employee of the Department, as of July 1, 2007, shall have
the vacation week defined as five (5) working days.

The Chief shall grant vacation leave at such times during the vacation year as will best serve the
public interest. Preference shall be given persons on the basis of years of service for the Town. The
maximum number of vacation days that may be carried over from one vacation year to the next is
thirty (30) days.

Upon the approval of the Chief, an employee may receive an advance on his/her vacation leave
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 anniversary date. An employee who is
separated from the employ of the Town shall be paid in a lump sum for his unused vacation days up to
amaximum of thirty (30) days plus whatever vacation days he/she has earned since J uly | of his/her
final year of service. To assure timely payment, notice of intent to retire should be given to the Town
by November I of the fiscal year prior to the fiscal year in which payment is expected. In the case of
death, payment shall be made to the deceased employee's estate.

ARTICLE XI
HOLIDAYS
The employees shall observe the following holidays with one regular day's pay on the day they

are observed:

New Year's Day                      Labor Day

Martin Luther King Day            Columbus Day
Washington's Birthday             Veterans’ Day
Patriots’ Day                               Thanksgiving Day
Memorial Day                         Christmas Day

Independence Day

M.G.L. Chapter 147, §17A 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 the year. The decision for such payment is to be
made by the employee beginning with each fiscal year.

Employees will have the option of receiving pay or compensatory time off for holidays.

ARTICLE XII
UNION BUSINESS LEAVE

A. Employees who are members of the Association's Collective Bargaining Team shall be allowed
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
Department Head.

B. _ The representatives of the Association shall receive a combined total of five (5) days each year
as time off with pay to attend to Union Business. The five (5) days off shall be approved only if
it does not require overtime cal] back.

ARTICLE XI

DISABILITY BENEFITS & SICK LEAVE
NON-OCCUPATIONAL SICK LEAVE

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

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

B. Notification of absences shall be given as early as possible on the first day of absence. If such
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/her department and shal! approve the same if he/she 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 an officer may be
able to return to work may be required by the Chief of Police for absences of over five (5)
consecutive working days.

C. Subject to appropriation, an employee who, after fifteen (15) years in the Canton Police
Department, retires pursuant to M.G.L.A., Chapter 32 shall be compensated. To assure timely
payment, notice of intent to retire should be given to the Town by November | of the fiscal year
prior to the fiscal year in which payment is expected. In the case of death, payment shall be
made to the deceased employee's estate.

Effective July 1, 2004, employees shall be compensated for all unused sick days in excess of
fifty (50) days at a daily rate of One Hundred Fifteen Dollars ($115.00) up to Five Thousdand
Dollars ($5,000.00). The maximum amount that an employee can receive under this Article as of
7/1/00 shall be Five Thousand Dollars ($5,000.00).

D. Employees shall earn one day off for every ninety (90) consecutive days during which no sick
leave is used. An employee may eam a maximum of four (4) days off in any fiscal year under
this Section. These days must be taken with the Chiefs approval.

ARTICLE XIV
LINE OF DUTY INJURIES
Section 1: Whenever an Association Member has been incapacitated for duty by reason of an injury
sustained while in the performance of his duty, he shall present his claim for
compensation under the provisions of G.L. Chapter41, §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

Section 2:

Section 3:

Section 4:

Section 5:

Section 6:

the nature of the injury. In its discretion, the Employer shal! have the right to designate a
physician to examine the Association Member and determine whether or not he/she is
indeed incapacitated by reason of an injury sustained while in the performance of duty
without fault on his/her part.

Until such time as a final determination is made, the Association Member may, at his/her
option, be placed on sick leave, provided that any sick leave so used will be re-credited in
full should his/her claim be approved.

If the Association Member’s claim is rejected by the Chief, he/she shall be promptly
notified in writing and shall have the right to grieve the rejection under the provisions of
Article XX of this Agreement. Nothing in this Article shall deprive an Association
Member of his/her right to pursue his/her claim in the courts.

Whenever an Association Member has been incapacitated for duty by heart disease or
hypertension and can show that his/her condition is causally related to specific incidents
which occurred while on duty, he/she shall be compensated under the terms of this Article.
An Association Member 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. Any Association Member’s entitlement to compensation
under this Article shall cease after he/she 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 Association Member's former incapacity for duty no longer exists.
For the purposes of the Article, compensation under G.L. Chapter 41, §111F shall be
defined as the Association Member's base weekly pay, including career incentive,
performance incentive, and specialty payments, but excluding overtime, shift differential

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 IX of this Agreement.

ARTICLE XV
BEREAVEMENT LEAVE
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, to be taken within thirty (30) days from the date
of death. For purposes of this Article, the term "immediate family" shall include mother, father,
brother, sister, spouse and child. For other family members, three (3) days of leave without loss of pay
will be granted. Other family members shall include: mother-in-law, father-in-law, brother-in-law,
sister-in-law and grandparents. 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 (1) year, the employee
shall be granted one (1) day's leave on the day of the funeral.
ARTICLE XVI
COURT TIME
For services as a witness in court required as part of the employee's duties during hours that an
employee is not scheduled to work, the employee shall be paid or receive compensatory time off, at the
rate of time and one-half of straight time hours under G.L. c.262, §§53A and 53C.
The minimum time as a witness in court for which the employee shall receive overtime pay or
compensatory time off under this Article shall be three (3) hours.
ARTICLE XVII
PERSONAL BUSINESS DAYS
With the prior approval of the Chief of Police, employees shall receive three (3) personal
business days off as needed per fiscal year, subject, however, to the condition that not more than one

Association Member shall be permitted to claim such right during the same shift/day, with no change

in accumulated sick time. 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 XVII
LEAVES OF ABSENCE
Section One: Weekend Military Drill

Weekend leave training in a National Guard or Reserve Organization shall be granted without charge
to Annual Leave for not more than three (3) days in a fiscal year. Said leave shall be granted without
loss of ordinary remuneration as an employee of the Town. This section shall not apply to employees
hired or transferred after July 1, 1988 and shall not infringe upon the wording contained in MGLA,
c.33, §59 relevant to weekend leave with the exception of the words "without loss of ordinary

remuneration as an employee of the Town of Canton."

Section Two: Annual Military Leave

Annual Military Leave shall be granted in accordance with MGLA, c.33, §53 as adopted under Article
13 of the 1967 Annual Town Meeting. Annual leave under this Section shall not be applied to

Weekend Military Drill.

Section Three: 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 Department Head or, in
the case of Department Head, by the Appointing Authority.

b) Promotional examinations held for employees of the Town.

c)       Blood donations, up to four hours.

Section Four: Unauthorized Leave

If an employee's absence is not excused or approved, one or more of the following actions may be

taken depending upon the circumstances in the case:

A deduction may be made from accumulated vacation leave credits;

The employee's pay may be stopped for the period of the absence, and a letter of warning
sent;

The employee may be suspended; or

The employee may be discharged.

Section Five: Leaves of Absence

A)

B)

C)

D)

A leave of absence without pay for a period not exceeding three (3) months may be
granted by the Department Head with a written notice to the Employer.

In the event that leaves of absence without pay are to be renewed or extended beyond said
three (3) month period, the Department Head will discuss the extension with the Employer
and obtain approval before such leave is granted.

If during a leave of absence without pay the employee accepts other full-time
employment, such leave of absence and his/her employment with the Town shall be
automatically terminated unless the Employer shall have expressly waived this provision
in writing, in which case a copy of the waiver shall be forwarded to the Department Head
and the employee involved.

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 receives for Jury

Duty, provided that the employee is available for work when the jury is not sitting.

ARTICLE XIX
DISCIPLINARY ACTION

No permanent employee shall be removed, dismissed, discharged, suspended or disciplined in
any manner except for just cause, and at any time where there is a hearing or interview in which the
employee's job is in jeopardy, he may have an opportunity to have an attorney present on his behalf if
he so requires the same. The Town shall not be financially responsible for the payment of the attorney.
The starting work time of an employee shall not be changed merely for disciplinary reasons unless
agreed to by the Association.

If a matter is covered by Civil Service, an individual must make an election within five (5) days
of the date of the incident in writing whether or not he elects the grievance procedure or Civil Service
procedure. The election of one procedure shall be a waiver of the alternate procedure.

ARTICLE XX
GRIEVANCE PROCEDURE
A. PURPOSE: The purpose of the Grievance Procedure shall be to settle employee grievances on
as low a level as possible so as to insure efficiency and employee morale.
B. A grievance to be subject to this Grievance Procedure shall be only for grievances arising out of
events which involve either of the following:
a. The Town's determination of terms of employment or basic rate of pay; or
b. Acclaim that one or more of the provisions of this Agreement have been violated by the
Town or its Police Chief.
C. PROCEDURE: A grievance must be presented initially within thirty (30) days of the
occurrence of an event or circumstance which gave rise to the grievance.
Step 1:       If an employee has a grievance, he shall first consult the Chief of Police or his designee,
and an earnest effort shall be made to adjust the grievance in an informal manner. In the

event the grievance is not satisfactorily settled, the decision may be appealed to the

Step 2:

Step 3:

subsequent steps of this grievance procedure.
If the grievance is not adjusted in Step One, the employee may next appeal the decision to
the Board of Selectmen within fifteen (15) calendar days following notice to the employee
of decision reached at Step 1. The Selectmen shall meet with the employee normally
within twenty-one (21) days from the time the appeal is received, and the Board will
within twenty-one (21) days after the meeting render their decision in writing to the
employee.
If the grievance is not adjusted at Step Two, then within fourtcen (14) days of the decision
at Step Two the Association may submit the grievance to final and binding arbitration
pursuant to the rules of the American Arbitration Association and the provisions of
General Laws, c. 150C.
Disposition of any grievance at all steps not appealed within the specified time limits shall
be considered final. Failure of the Town to give timely notice of the disposition of any
grievance or appeal shall be deemed a denial thereof.
ARTICLE XXI
NO STRIKE CLAUSE

The Association and its members agree that for the duration of this Agreement they shall not

engage in any activities that would affect the public safety; specifically, they shall not engage in any

strike, picketing, work slowdown or stoppage of work.

ARTICLE XXII
POSITION IN JEOPARDY

An employee whose actions could cause the loss of his position shall have the privilege of

having a witness on his behalf at the proceedings.

ARTICLE XXII
UNIFORMS & EQUIPMENT

The Employer shall supply the employee with clubs, handcuffs, holsters, hat badges, gun belt,
coat badges, gun and cartridge holder and patches and chevrons.

The Employer will equip each Association Member one (1) full dress (one-time) uniform. Unit
Members shall receive in addition Eight Hundred Twenty Five Dollars ($825.00) annually for
clothing. All uniforms and equipment issued to the employee shall remain the property of the
Employer and all employees shall keep the same in good condition and repair.

Employees may use a portion of their uniform allowance to defray the cost of cleaning their
uniforms by submitting monthly receipts for reimbursement. An employee may use part of his
uniform allowance toward the purchase of any other equipment, not before mentioned, provided that
such equipment is deemed necessary by the Chief of Police. The employee shall inform the Chief of
Police that he desires to use a portion of his allotment and the Chief shall issue a slip allowing the
employee to charge his purchase to a proper vendor, said vendor to be paid by the Employer the
amount charged after the Employer has received a receipt indicating a completion of the purchase.
Should an employee not use the full amount of the clothing allowance in any fiscal year, the unused
portion is to be carried over to the next fiscal year. The Chief is to post conspicuously any unused
allowance every three (3) months.

The Town agrees to pay for eyeglasses broken or lost in the line of duty through no negligence on
the part of the officer.
ARTICLE XXIV
SPECIAL LEAVE
Upon approval of the Chief of Police, each employee shall be granted special leave with pay

(known as Swaps) for a day on which he is able to secure another employee to work in his place.

ARTICLE XXV
REIMBURSED TRAVEL EXPENSE
If an employee is required to travel to police training activities outside the Town of Canton and

drives a car, he shall be reimbursed at the IRS standard as approved each year by Town Meeting for all
miles traveled. Miles shall be computed from the point of departure which shall be, for the purpose of
this Article, the Canton Town Hall.

ARTICLE XXVI

PHYSICAL FITNESS PROGRAM

A) The Town of Canton will reimburse each employee up to Four Hundred Dollars ($400.00)
per year if they are enrolled at a health club approved by the Selectmen.

B) In order to be reimbursed under this Article, employees must provide satisfactory evidence

~~

of participation to the Chief. A receipted bill shall be provided to the Chief before Town
payment can be made. The Town will fully reimburse the employee up to Four Hundred
Dollars ($400.00) upon presentment of a paid receipt.

Employees must pass a physical examination before joining a health club. The Town will

2

pay the cost of a complete physical examination for each employee every two (2) years. The
cost of this physical shall not exceed Three Hundred Thirty-Five Dollars ($335.00), and the
results shall be confidential between the doctor and the employee.

D) The medical and physical fitness standards and regulations established by M.G.L., c. 31, sec.

wa

61A shall apply to unit members hired after November 1, 1996.

ARTICLE XXVII
SEVERABILITY
In the event that any federal or state law or court of competent jurisdiction invalidates any
section of this Agreement, the remainder of the Agreement shall remain in full force and effect.
ARTICLE XXVIII
FINAL AGREEMENT
The Canton Police Superior Officers Association acknowledges that during the negotiations
which resulted in this Agreement, it had the unlimited right to make demands and proposals with
respect to all proper subjects of collective bargaining and that all subjects have been discussed and
negotiated upon, and the agreements contained in this contract were arrived at after free exercise of
such rights and opportunities. Therefore, the Association for the term of this Agreement, voluntarily
and without qualification waives the right and agrees that the Town of Canton shall not be obligated to
bargain collectively with regard to any subject or matter referred to or covered in this Agreement, or
with respect to any subject or matter not specifically referred to or covered in this Agreement.
ARTICLE XXIX
MANAGEMENT RIGHTS
Except as specifically provided hereunder, the Association agrees that nothing shall impair or
infringe upon the Town or its duly empowered representatives from prescribing the methods and
means by which the operation of the Police Department shall be conducted. The Town reserves and
retains all the regular and customary rights, functions and prerogatives of municipal management
which have not been specifically relinquished, abridged, or limited by this Agreement.
ARTICLE XXX
LIMITED DUTY
Section 1: An employee who is receiving line of duty injury benefits under G.L. c.41, §111F and

who is certified (at the Town's expense) by a Town-designated physician to be able to

Section 2:

a)

b)

¢)

d)

€)

perform limited police duties may be required by the Chief to perform limited duty in

accordance with the procedures outlined in this Article.

If, upon notification from the Chief, an employee disagrees with the Town-designated
physician's determination that the employce may be assigned to limited duty, the employee
may, at his/her own expense, be examined by a physician of his/her own choosing as
expeditiously as possible. The employee's physician shall notify the Chief in writing of
his/her determination of the employee's fitness to perform limited duty as soon as possible
after such examination.

If the report of the employee's physician supports the assignment of limited duty, the
employee shall forthwith report for limited duty.

If the report of the employee's physician does not support the assignment of limited duty,
the employee shall be examined by a neutral physician who is a specialist in the area of
the employee's injury. The neutral physician shall be designated jointly by the Town's
physician and the employee's physician as soon as practicable under the circumstances.
The two (2) physicians shall endeavor to designate a neutral physician capable of
examining the employee within seven (7) calendar days of his/her designation as the
neutral physician. The costs of the neutral physician shall be borne by the Town.

If the report of the neutral physician supports the assignment of limited duty, the employee
shall forthwith report for limited duty. If the report does not support the assignment of
limited duty, the employee shal! remain on injured leave under G.L. c. 41, §111F.

The Town shall provide each physician who administers an examination under this
procedure a detailed analysis of the physical requirements of the task(s) to which the
employee shall be assigned if returned to limited duty. The physician shall be asked to

make his/her determination of the fitness of the examined employee to perform limited

Section 3:

Section 4:

Section 5:

Section 6:

Section 7:

duty based on the specific physical requirements of each limited duty task. Each physician
who determines that an examined employee is capable of being assigned to limited duty
shall be required to specify in his/her report which limited duty tasks the examined
employee is capable of performing and the recommended number of hours per day and per
week that the employee may be assigned to limited duty.

If it is determined that the employee is not capable of performing the limited duty
assignment, the Town may reasonably require reexamination consistent with prior medical
examinations.

Limited duty tasks shall be limited to duties that are regularly performed by full-time
members of the Department and that are consistent with the employee's medical diagnosis.
No employee shall be assigned limited duty tasks outside of the police station.

It is understood by the parties that an employee will not be required to report for limited
duty and sit idly if there is no legitimate limited duty work available.

The Town agrees that an employee who works less than a full week of limited duty shall
be considered to be on injured leave for that portion of the regular work week during
which the employee does not perform limited duty, and the employee shall be paid for
such time in accordance with G.L. c. 41, §111F.

The Chief may assign employees to limited duty on any shift. Employees so assigned who
normally receive a shift differential will continue to receive their regular shift differential
while on limited duty unless the shift they are assigned to warrants a higher differential, in
which case they will receive the higher differential. (This could only occur when an officer
normally assigned to shift 2 is assigned to limited duty on shift 3).

Limited duty shall be made available on a voluntary basis to employees on long-term sick
leave if the employees provide to the Town a medical release establishing their fitness for

limited duty.

ARTICLE XXXI
SUBSTANCE ABUSE TESTING

It is understood that substance abuse, whether of alcoho! or controlled substances, is a violation of the
employee’s duty to the Employer. Whenever the Employer has reasonable cause to suspect possible
abuse, an employee may be required to undergo testing by any medically acceptable means, including
but not limited to breathalyzer and urinalysis. In the absence of egregious circumstances, an employee
will not normally be terminated for the first instance of violation, but continued employment may be
conditioned upon participation in and satisfactory completion of an approved substance abuse

program.

In the event of positive test results, a second test will be administered within six (6) months. If the
second test is negative, a third test will be administered six months thereafter. If both the second and
third tests are negative and the employee has otherwise complied with any mandated rehabilitation
program, the employee’s personnel file will be purged of any reference to the initial positive test. All
testing will be at the Town’s expense.
ARTICLE XXXII

PROFESSIONAL DEVELOPMENT
The employer shall provide each member of the bargaining unit, a training/educational reimbursement
of up to Seven Hundred Fifty Dollars ($750.00) each fiscal year. These funds can be utilized for
courses, seminars, workshops, or other expenses (i.e. airfare/hotel/books), chosen by the employee,
which specifically relate to job responsibilities and/or professional development opportunities.
Utilization of these funds must be pre-approved by the Department Head, and reimbursement of same
shall be made upon successful completion. A quarterly accrual shall be provided to each member of

the bargaining unit.

IN WITNESS WHEREOF, the parties hereto do set their hands and seal this        day of

, 2004.

CANTON POLICE SUPERIOR OFFICERS        CANTON BOARD OF SELECTMEN
ASSOCIATION

vd
far |

Heléna Findlen
Ce      ¢ oS
P&tricia Sherrill

Gerald A. Saivatori, Jr., Mem!

Date:      P_  ? ~ OS                            Date:

APPENDIX A
PERFORMANCE EVALUATION

Employees shall be evaluated annually using the attached evaluation instrument. In addition,
the following provisions shall apply:

a) Evaluations shall be performed by the employee’s immediate supervisor.
b) The evaluation shall be maintained by the Town as part of the employee’s records.

c) Prior to each evaluation period, the immediate supervisor shall inform the employee of the
evaluation and that said evaluations may be utilized in future personnel decisions.

d) Upon completion of the evaluation instrument, the immediate supervisor shall meet with
the employee to discuss the evaluation, and the employee shall sign the document,
signifying that the employee has read the document. It shall not signify that the employee
either agrees or disagrees with the contents of the document.

e) An employee may grieve his/her evaluation, commencing with Step 2 of the grievance
procedure.

Exhibit A

(Attached hereto and therefore made a part hereof)

CANTON POLICE DEPARTMENT
LIEUTENANTS SALARY SCHEDULE *
FY 05, 06 & 07

2% INCREASE | 2% INCREASE
EFFECTIVE       EFFECTIVE
CURRENT        6/30/05           7/1/05
    66,813          68,150           69,512
eee

.               .    wh aé”      Tod Ee
* Employees not enrolled in BC/BS Master Medical or Harvard as of January 1, 2006.

2% INCREASE | 2% INCREASE
EFFECTIVE             EFFECTIVE
TH1106                 111107

70,903                72,321

Pe,

i

LIEUTENANTS FY 05 06 07
9/6/2005