Lawrence Superior's Officers 04.03.2012

8/10/2019 Lawrence Superior's Officers 04.03.2012

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Lawrence Police Superior Officers Association

Memorandum

o

Agreement

Duration:

uly

1 2007 - June 30, 2010

Memorandum

o

Agreement

Duration: July

1

2006 - June 30, 2007

Special Side Letter

Dated: February 18,2005

Contract Agreement

Duration: July

1

2002 - June 30, 2006

Superior Officers

File No 3807


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~ - I ~ ' f 4 : ~ . t

Settlement Agreement

Between

Lawrence

Police

Superior

Officers Association

And

City of

Lawrence

September 29, 2008

The Lawrence Police Superior Officers Association (Association) and the City

of

Lawrence (City) hereby agree to the following terms and conditions

of

settlement

of

a

collective bargaining agreement to succeed the agreement expiring on June 30, 2007.

This settlement shall extend the terms and conditions

of

such collective bargaining

agreement except as modified herein, and shall become effective, except as otherwise

indicated herein, upon the date

of

its ratification by the membership

of

the Association.

1

Duration

2.

Compensation

ARTICLE XXI, shall be amended to read:

The duration

ofthis

contract shall be from July 1, 2007

to

June

30, 2010. Either

party

wishing to

terminate,

.

amend, or modify this agreement mnst so notify the

other

party

in

writing

no

more than

one

hundred and

fIfty (150) days nor less

than

one

huudred

and twenty

(120) days

prior

to the

expiration date

.Within five (5)

days

of the

receipt of

such notification

(by

either party)

a conference shall be held between both

the

City s and

the

Association's negotiating committees,

forthe

purpose of discussing such amendment, modification

or

termination. f no agreement is reached by June 30,

2010.then the

terms

ofthis

Agreement shall

continue in

effect

during

negotiations thereafter, and any successor

Agreement

will be retroactive to July 1, 2010.

ARTICLE XIII, Compensation shall be amended: .

(a) At Section la, Wages, by deleting the existing

dates/increases and substituting the following:

January 1,2008 one and one

half

(1.5 ) percent.

June

30, 2008

one and one half (1.5 )

percent.

(/1-1 ::;


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January 1 2009 one and one half (1.5 ) percent.

J Illne 30, 2009 one

and

one half (1.5 ) percent.

January

1,2010 three

and

one

half

(3.5 ) percent.

(b) At Section Ib Wages, by deleting the existing schedule

and substituting:

1.

January

1, 2008

Yearly Weekly

Sergeant

53,655.91 1,031.84

Lieutenant 62,777.53 1,207.26

Captain

73,449.11

1,412.48

2.

June 30, 2008

Yearly Weekly

Sergeant

54,460.75 1,047.32

Lieutenant 63,719.20 1,225.37

Captain

74,550.85 1,433.67

3.

January 1 2009

Yearly Weekly

Sergeant

55,277.66 1,063.03

Lieutenant 64,674.99

1,243.75

Captain 75,669.11 1,455.17

4.

.June 30, 2009


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3.

Critical Incidents

Yearly

Weekly

Sergeant 56,106.82 1,078.98

Lieutenant 65,645.11 1,262.40

Captain 76,804.15 1,477.00

5.

January 1

2010

Yearly

Weekly

Sergeant

58,070.56 1,116.74

Lieutenant 67,942.69 1,306.59

Captain 79,492.30

1,528.70

(c) Add a

new

Section 11, Taser Stipend, to read:

The City agrees to pay each Superior Officer in

the bargaining unit a

lump sum

stipend of eight

hundred and fifty dollars ( 850.00) for training

and

certification in

the

use

of

Taser

equipment.

The parties agree that

the

Department shall

nndertake training as soon as possible but in any

event such train ing and certification for Superior

Officers shall be completed within forty-five (45)

days after this agreement becomes effective.

y

adding new ARTICLE XXII to read:

No Superior Officer covered by this agreement IlDd

directly involved as a

participant

in

a critical incident

shall be ordered

to

submit to an interview or generate

any report following the occurrence of a critical

incident until forty-eight (48) hours have elapsed

and no

Superior Officer shall be ordered or required to

respond to questions or inquiries during the forty-eight

(48)

hour

decompression period. Notwithstanding

the

preceding sentence, the participant officer shall consult

with an L.P.S.OA designated steward whose role will be


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to

transmit information

to the City to enable

it

to

ascertain what has occurred and to

take

such action as

it

may

deem necessary. For purposes ofthis article, the

terms critical

incident

shall mean anyon-duty

incident involving

death

or

serious bodily

injury

to a

police officer or civilian or any

other

incident involving

discharge of a firearm. Directly involved as a

participant shall mean any Superior Officer

responsible for (1) inflicting the force, or discharging a

weapon, that caused the

death or

serious bodily

injury

to a civilian or police officer, or 2)

the

discharge of his

or her firearm.

4. Personnel Records By adding a new article XXIII to read:

Superior Officer's personnel files

shall

be

maintained

Under the following circumstances:

(a.) No

material derogatory

to a Superior

Officer's condnct, service,

character,

or

personality shall be placed in the files

unless the Superior Officer

has had

an

opportunity to read the material. The

Superior Officer shall acknowledge that he

or she has read such mater ial by affixing

his

or her

signature on

the

actual

copy to

be filed, with the

understanding

that such

signature

merely

signifies that he

or

she

has read the

material

to be filed. Such

signature does not necessarily indicate

agreement with its content.

(b.) The Superior Officer shall have the right

to answer any

material

filed and his or

her

answer shall be reviewed

by

the Personnel

Manager and attached to the file copy.

(c.) Upon

request

by the

Superior

Officer, the

Superior Officer shall be given access to

his or her file without delay.

(d.) Upon receipt of a written request, the

Superior Officer shall be furnished a

reproduction of any

material

in his file.


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5

Paid Details. By amending ARTICLE XV to read:

(a.)

Effective July

1, 2009, the hourly detail

rate

for Superior Officers shall increase to

40.50 during tllli week

and

to 45.50 on

weekends. For the purpose of this

section, weekends shall be defined as

the

time

period between 5:00 p.m. on

Friday

and

11:59 p.m. ou Sunday.

(b.) Effective

July

1, 2009,

the

hourly detail rate for

Superior

Officers shall increase to 50.00 on

holidays.

(c.) Effective

July

1, 2009, any Superior Officer shall

receive 15.00 per

hour

in addition to the detail

rate provided above for any detail in which he or

she

is

in charge. (See Article XV, Section Id.)

(d.)

When

three officers

are

assigned to a private

detail, the

third

officer

must

be a Superior

Officer, who will

be in

charge.

6

Daly Award

Settlement ofLitigation

The L.P.S.O.A. and the City agree that with respect to

the matter known as the Daly' Decision (American

rbitration Association Case No. 11390-01883-05) the

City has offered to pay to Superior Officers, and the

Superior

Officer's Association has accepted, the same

benefit on the same terms and conditions (Gr. Base Pay

Different ial on a prospective basis) outlined

in

the

agreement between the L.P.A. and

the

City.

7.

T r a i I i n ~

ARTICLE VI, shall be ani.ended at Section 4 to read:

The Department will schedule at least three (3) dates,

-

per fiscal year, in which to conduct a Lawrence Police

Department

in-service training. The purpose of the


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8.

Sick Time

a)

b)

training will be to update

Superior

Officers

on

rules,

regulations,

and

policy changes specific to

the

Lawrence

Police Department. All

Superior

Officers are required

to

attend

one training day per fiscal year.

ARTICLE XII, Sick Leave shall be amended:

By designating the existing language as Section 3 a) and

adding a new Section 3b. to read:

Effective July 1,2008 the three-hundred 300) day cap

defined under Section 3a. is expanded to four-

hundred 400) days for as

many

as two 2)

Superior

Officers,

per

fiscal year. To qualifY for the

expanded benefit, a Superior Officer must

declare

his

or her intent to retire by March 1 l of the

previous

fiscal

year.

f

more than two 2) Superior

Officers declare their intent to take

advantage

of the

expanded benefit only the two 2) most

senior Superior

Officers will qualifY for the purposes

ofthis

provision

seniority wiII be defined by a

Superior Officer s

permanent appointment date

to

the

rank

of Patrolman

and in the event of a tie the earlier date of

birth

shall

prevail). A

Superior

Officer who declares his or her

intent

to

retire

under

this provision Section 3b.)

and

later

withdraws

his or her application for retirement is

specifically prohibi ted from re-applying, unless in a

subsequent

year two 2) Superior Officers fail to

apply. The foregoing sentence shall not apply to a

Superior Officer who withdraws his applicat ion for

retirement

only because two more senior Superior

Officers qualified for this expanded benefit in

the

same

year, thereby rendering other Superior Officers

ineligible for the expanded benefit.

f

a

Superior

Officer,

who

otherwise would have qualified, dies

or is

forced to

retire

due to

an injury

suffered

in

the

line of

duty, he or she

(or

his or her heirs) wiII qualifY for the

expanded benefit.

By

adding a new Section 3c.

to

read:

Effective July 1, 2008, each Superior Officer who does.

not use a

sick

day during a rolling six 6) month

period

shall be awarded

either

one 1) compensatory day on


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9 Weliness

following

month or

one (1)

day of pay at the Superior

Officer s

option. All

Snperior

Officers

who

qualify

under

this

provision shaH notify

the

payroll clerk of

their

application

for

the compensatory

day or for

pay in

lieu

thereof

within sixty (60) days

of

qualification.

(c)

By

adding a new Section 8 to read:

(d)

Any Superior

Officer

whom

is absent for five (5) or

more consecutive working days may be required

by the

City

to

snbmit

satisfactory

proof of

illness

prior

to

receiving sick pay.

f

a

Snperior Officer remains out of

work on

sick leave for

greater than

thirty (30)

consecntive working days, the Chief

reserves the right

to receive

an

updated doctor s

certificate at

his

or her

discretion.

f

a

pattern

of sick leave

abuse

exists, of

which tbe Superior

Officer has been

warned, the

City

may take appropriate

disciplinary

action

following an

investigation

by

the

Chief or

his

or her

designee.

By

adding a new Section 9 to read:

Any Superior Officer who

has

taken sick leave

cannot

accept

voluntary

overtime

or

a

paid detail for at

least

fifteen

and

one

half

(15.5)

hours after

their missed

shift

At

ARTICLE XN, add a new Section 4 to read:

Effective July

1 2008 Superior

Officer s may

(at the

discretion

of

their

supervisor),

choose

to

utilize the in-

house Fitness

Center,

for a

period ofthirty

(30)

minutes, n

lieu

of

a lunch or dinner break.

This agreement is tentative and subject to ratification

by

the members

of

the bargaining

unit represented by the Lawrence Police Superior Officer s Association.

By:

Michae}:f. \iSulIivan

Mayor, City

of

Lawrence

For

the Association

. J d / 1 j 1 ~

Scij( I. McNamara

L.P.S.O.A. President


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. .


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: / J i f s

~ r t A r ( : ' ~ l - 7 - ? . r : { I

c o f l ~

Settlement

Agreement

Between

Lawrence Police Superior Officers Association

And

City

of

Lawrence

September

29, 2008

The Lawrence Police Superior Officers Association (Association) and the City of

Lawrence (City) hereby agree to the following

tenus

and conditions of settlement of a

collective bargaining agreement to succeed the agreement expiring onJune 30, 2006,

This settlement shall extend the tenns and conditions of

such

collective bargaining

agreement except as modi fied herein, and shall become effective, except as otherwise

indicated herein, upon the date of its ratification

by

the membership of the Association.

1

Duration

2.

Compensation

ARTICLE XXI, shall be amended to read:

The duration of this contract shall be from July 1 2006

to June 30, 2007.

ARTICLE XIII, Compensation shall be amended:

(a)

At

Section 1a, Wages, by deleting the existing

dates/increases and substituting the following:

June

30, 2007 one

and

one

half

(1.5%) percent.

(b)

At

Section 1b, Wages,

by

deleting the existing schedule

and substituting:

,p - ' 1


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3

Vacations

(c) At Section ld., by adding the following language:

Section 1 d. Step Increases.

Effective

july

1, 2006 each

Superior

Officer who

qualifies based on years

of

service for the City

of

Lawrence shall receive

an

additional base wage

increase

in

the following amoll.nts:

At 30 years

of

service

for

a total

of2.5 .

=

.5

base wage increase

(d) At Section 2., Longevity, by amending the schedule

effective July , 2006 at the last two categories to read:

Years

of

Service

25-29

30 or more

%

of

Salary Schedule

9.00%

9.50%

( e) At Section 5c.

by

amending to read:

Breakfast $6.00

Lunch $10.00

Dinner $15.00

ARTICLE VIII, Vacations shall be amended:

(a) By amending Section 1 to read:

Effective July 1, 2006, and in accordance with City

of

Lawrence

Ordinance

2-106, vacations with pay shall be

granted annually to Superior Officers based on length

of service as follows:

lthrough 5 years continuous service

5

through

10 years continuous service

=10 working days.

=15

working

days.


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4.

10 through 15 years of continuous service =20 working days.

15 through 20 years

of

coutinuous service =25 working days.

20 through

21

years of continuous service =28 working days.

21 through 22

years

of contiuuous service =29 working days.

22

or

more

years

of

continuous service =30

working

days.

b) Amend Section 2, to read as follows:

Sectioll2. Schedulillg of Va clition time and

other

time off.

1I

Vacation periods shall be selected withill the Division

or

Platooll

in

order of rank and within rank in order

of

seniority based upon the

date

of appointment to

the

rank. f wo

Superior

Officers

were

appointed on

the same date, then the order

of

the next lower rank

etc. shall control, and i f dentical, the Superior Officer

with

the earlier date of

birth

shall

have

prior selectioll.

All vacation weeks

must

be selected

by

seniority

by

March

31

in

any

year

and after that date, will be

selected

in

accordance with section 2b.

b.

With

respect to individual days off not vacation weeks

as defined under section 2a.) whether or

not

scheduled

prior to

March

31

st

of

the year

a sixty 60)

day

bumping rule shall apply. Outside of the sixty 60) day

period a senior

Superior

Officer as defined under

section 2a.) may

bump

a junior Superior Officer

from

a

scheduled day off. Within the sixty 60) day period there

shall be

no bumping

rights.

For the

purposes

of

this

section individual days off is meant to refer to either

vacation days, compensatory days,

or

personal days.

c) Amend Section

6,

by adding a new Section 6d. to read:

Any Superior Officer intending to sell

back

one 1)

week

of

vacation shall inform

the

payroll

clerk in

writing by May 1

s

t.

Clothing Allowance ARTICLE X, shall be amended by modifying the first 181)

sentence of he paragraph as follows:


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.

Effective

July

1, 2006, a clothing

and

cleaning allowance

of twelve hundred dollars

( 1,200.00)

for the IlScal year

shall be given to all members ofthe Lawrence Police

Superior Officer's Association who

may

be

required

to

wear

uniforms on duty.

5. Litigation Reimbursement ARTICLE XIX, shall be amended to read:

Effective

July

1, 20()6, the City will

reimburse the

Association

annually

fifty (50%) percent

for the

premium

paid

to provide outside legal services to

defend

a Superior Officer against

third party

litigation

arising

out

of his or

her

employment by the City itself.

A

Superior

Officer shall be free to choose his

or

her

own attorney, provided however, this provision shall be

considered as complete performance by the City of any

legal or moral obligation to indemnify the cost of

lawyer's fees in defense

ofthird party

claims.

his agreement is tentative and subject to ratification by the members

of

the bargainiug unit

represented by the Lawrence Police Superior Officer's Association.

For the City ofLawrence

For the Association

By:

By:.

a t t 1 ) c ~ ~

L.P.S.O.A. President

Witnessed By:

G ;r

es

City Attorney


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\

~ ~ ~ ~

COLLECTIVE BARGAINING AGREEMENT

between the

CITY OF LAWRENCE

and the

THE LAWRENCE POLICE SUPERIOR OFFICER S

ASSOCIATION

July 1 2002 - June 30 2006


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Table

o

ontents

Article I

Recognition and Union Security page 4

Article

II

Management Rights pageS

Article

III

Retention of Civil Service Rights page 6

Article

IV

Duties

page 6

Article V

Hours of Work

page 6

Article VI Overtime Pay

page 8

Article

VII ourt

Time

page 9

Article

VIII

Vacation page 10

Article

IX Holidays

page 12

Article X

Clothing and Cleaning Allowance page 14

Article XI

Residence page 14

Article

XII

Types

of

Leave

page 14

Article

XIII

Compensation

page 16

Article XIV

Group

Health Insurance

page 2

Article XV

Outside Details

page 22

Article XVI

Grievance Procedure

page 23

2


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Article XV

Miscellaneous page 24

Article XV

Staffing page 24

Article XIX

Litigation Insurance Reimbursement

page2S

Article XX

Drug Testing Policy page2S

Article XXI

Duration

page 29

3


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PREAMBLE

Pursuant to Chapter 1078 of the Acts

of

1973, the City

of

Lawrence ( the City )

and the Lawrence Police Superior Officer's Association, an independent Union, both

intending to maintain a harmonious relationship between them recognizing the legitimate

rights and needs

of

the employees

of he

Police Department, as well as the obligation

of

the City to protect the safety of the public, hereby agree as follows:

ARTICLE I

Recognition and Union Security

Section 1 Recognition

The City recognizes the Lawrence Police Superior Officer's Association as the sole and

exclusive bargaining agent for all the City's Captains, Lieutenants, and Sergeants.

Section 2 Union i\ctivity Protected

The

City agrees

not

to discharge or discriminate

in

any way against any employee

coveredby this agreement because of Union membership or activities.

Section 3 Time

ff

for Union Business

a One hundred (100) tours ofduty per fiscal year will be established as a

bank for time off for Union business conducted during off-duty hours,

effective July 1, 1987.

The

minimum draw for any function shall

be

one

(1) tour.

b. Five (5) elected Union officials will

be

eligible to draw against the bank:

1 President

2. Secretary Treasurer

3. Three (3) Stewards

c

Union Business is defmed as grievance investigations, contract

negotiations, grievance meetings, arbitration hearings, labor board

hearings, preparation for contract negotiations, and civil service hearings

as a witness, including disciplinary cases.

d

n order to be eligible to draw against the bank, an eligible Union Official

must give reasonable notice to the

hief

or hislher designee

ofhislher

intent to devote an off duty tour to one of the functions listed in the

4


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preceding paragraph. The Chief

or

hislher designee will keep track

of

the

draw by logging the tour as a charge against the bank and by crediting the

employee with a compensatory tour. Such tours shall not

be

compensated

but may

be

used by the employee at, on reasonable notice to the Chief

or

hislher designee,

so

long as a replacement is not required on an overtime

basis. Tours not used by the end of the fiscal year may

be

carried over for

not more than six (6) months.

e This Section 3 shall neither enlarge nor diminish the obligation

of

the City

to grant compensatory time for time accrued prior to the ratification date

of

this agreement.

Section 4 No Individual Agreements

The employer agrees that it will not enter into any individual or collective agreement with

any employee covered

by

this Agreement.

Section 5 Titles

When the following titles appear and are used in this agreement, they shall mean:

a City - City

of

Lawrence.

b. Mayor - Mayor of the City ofLawrence.

c

Chief - ChiefofPolice

of

the City

of

Lawrence.

d

Officers - Captains, Lieutenants, Sergeants.

e

Union - Lawrence Police Superior Officer s Association.

f Association - Lawrence Police Superior Officer s Association.

g. Agreement - Collective Bargaining Agreement.

RTICLE II

Management Rights

Section 1

This Agreement has not been designed to violate any Federal or State laws, nor shall

anything in the Agreement

be

interpreted

as

diminishing the rights of the City to

determine and prescribe the methods and means

by

which its operation of the Police

Department shall

be

conducted, inchiding the right to issue from time to time reasonable

rules and regulations, except as may

be

provided

by

this Agreement.

5


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Section 2.

All job benefits heretofore enjoyed by the employees will continue under the conditions

upon which they

had previously

been granted. This Agreement shall not be construed to

deprive employees of any benefits

or

protections granted by the laws of the

Commonwealth of Massachusetts.

Section 3.

There shall

be

no strikes during the life of this agreement.

ARTICLE

Retention of Civil Service Rights

The members of the Police Department covered

by

this agreement shall continue to enjoy

their Civil Service rights as provided in Chapter 3 of the Massachusetts General Laws.

ARTICLE IV

Duties

The duties of the Officers of the Lawrence Police Department shall consist ofprotection

of

persons and property, prevention

of

crime, apprehension and prosecution

of

criminals,

traffic control, and to follow all orders pertaining to work performed by Officers and

Officers

of

higher rank. However, Officers shall

not

be

assigned to non-police duties such

as cleaning, sweeping, snow removal, washing cruisers and other maintenance work,

unless the Officer and Union agree, except in case of an emergency which

may

only be

called

by

the following persons in this order: Mayor

or

Chief.

ARTICLE V

Hours of

Work

Section 1.

The Lawrence Police Department and the City have adopted the so-called 4-2 system,

which provides that an Officer shall work four 4) days in a row, shall be

off

for two 2)

days, and shall then resume hislher work cycle. Employees

on

special assignments who

work other than a rotation offour 4) days on and two 2) days off shall average the same

number of total days off

per

year.


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l

I

Section 2.

a.

The regular hours

of

work shall

be

as follows:

Platoon I: 1 00 AM to 9:00 M

Platoon II: 9:00 AM to 5:00

PM

Platoon

III

5:00 PM to I :00 M

b. Effective July 1, 2002, Officers assigued to work on Platoon I and Platoon

III shall

be

paid a differential often percent (10%) over and above their

base pay. The term base pay for the purpose of the so-called night

differential only shall mean the salary schedule established in Article XIII,

Section

1,

and in addition, the career incentive benefit. The definition

of

the term base pay herein, shall

be

applicable only to the calculation

of

the night differential, and shall apply to nothing else.

c.

Effective July 1, 2005, Officers assigned to work

on

Platoon I and Platoon

III shall

be

paid a differential

of

eleven percent (11 %) over and above

their base pay. The term base pay for the purpose

of

he so-called night

differential only shall mean the salary schedule established in Article XIII,

Section

1,

and in addition, the career incentive benefit. The definition

of

the

~ e r m

''base pay herein, shall

be

applicable only to the calculation

of

the night shift differential, and shall apply to nothing else.

d.

The City

of

Lawrence agrees to abide by the grievance settlement dated

June 21, 1999, which effectively stated:

Effective July 5, 1998, Officials assigned to Platoon II (day shift)

who have not been paid shift differential to date, shall receive shift

differential for hours ofwork. Settlement of this grievance shall

not affect the pay

of

Officials assigned to Platoon II who currently

receive the shift differential.

Section 3.

Shift

Selection.

a. Captains and Lieutenants are entitled to express their preference for

Platoons

or

Divisions in accordance with seniority in rank. The Chief at

hislher discretion shall act upon said preference.

b.

Sergeants shall be entitled to express their preference for Platoons in

accordance with seniority

in

rank. Such request shall be binding on the

City and the Lawrence Police Superior Officer's Association. Said

requests shall

be

submitted in February

of

each year, and become effective

March first 1

st of

said year. The City shall make assignments within the

Platoon or Division.

7


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t I

Section 4. Defmition

of

Seniority.

Seniority is defined as length of service within rank. In

the

case of a tie, the earlier date of

appointment to the next lowest raole shall prevail. If still tied,

the

next lowest rank etc.)

shall prevail. If still tied, the earlier date of birth shall prevail.

Section 5.

The regular workweek will start on Sunday

at

12:01 AM.

ARTICLE VI

Overtime Pay

Section

1.

Rate

of

Overtime Pay.

a. A Superior Officer shall

be

compensated for all work performed over and

above

his or

her

regular tour

of

duty

at an

hourly rate computed

on

the

basis of

one

and one-halftimes his or her weekly salary divided by forty.

b.

Weekly salary for the purposes of calculating overtime pay is defined as

Base Pay see Article XIII, Section.

lb.

plus applicable Career Incentive

Pay and Shift Differential Pay. Administrative Differential Pay is

specifically excluded from this provision.

c.

For the purpose of calculating hourly overtime pay the following formula

shall be utilized:

Hourly Overtime

Pay =

B

*

1

+

C)

*

1

+

S) / 40.

*

1.5

Variable Key

B

=

Weekly Base

Pay

S

=

Shift Differential Pay

C = Career Incentive Pay

Section 2. Call-in Pay.

Officials, who are called into work at times other than thei r regular tours of duty, shall be

given a minimum

of

four 4) hours pay at time and one-half 1-112). The fifteen 15)

minutes prep time, however, is excluded from this provision.

Section 3. Equitable Distribution

of

Overtime.

Overtime in excess of regularly scheduled hours shall be equally distributed among

regular Officials on a voluntary basis. A refusal

of

overtime shall

be

treated

as

time

worked for purpose of overtime sharing. A list showing overtime worked and refused

8


23/68

shall

be

kept current and shall

be

available for inspection by a representative of the

Union.

Section 4.

The Department shall schedule one 1) training day, Monday through Friday. Employees

called

in on

their day offwill be paid time and one-half.

ARTICLE VII

ourt Time

Section

1

Criminal Cases.

a. Officials who are required to attend Court on behalfof the Commonwealth

in

a criminal case including conferences with prosecuting officials and

hearings on complaints) will

be

paid for all hours spent in Court at straight

time in addition to the travel allowance. A minimum

of

four 4) hours

shall be paid.

In

addition, the following travel time shall be paid:

1.

Salem and Newburyport - one 1) hour.

2. Elsewhere - actual time.

3.

No travel time will

be

paid for travel within Lawrence.

b. For the purpose of calculating hourly Court Time Pay the following

formula shall

be

utilized:

Hourly Court Time Pay

=

B

*

1

+

C)

*

1

+

S) / 40.

Variable Key

B = Weekly Base

Pay

S = Shift Differential Pay

C = Career Incentive

Pay

c. Effective January

1,

2006, Officials who are required to attend Court

on

behalfof the Commonwealth in a criminal case including conferences

with prosecuting officials and hearings

on

complaints) will

be

paid for all

hours spent

in

Court at the overtime rate then

in

effect

in

addition to the

travel allowance. A minimum of three 3) hours shall

be

paid. In addition,

the following travel time shall be paid:

1.

Salem and Newburyport - one 1) hour.

2. Elsewhere - actual time.

9


24/68

3. No travel time will

be

paid for travel within Lawrence.

d. Effective January 1,2006, for

the

purpose of calculating hourly Court

Time Pay the following fonnula shall

be

utilized:

Section 2

Hourly Court Time Pay = B 1

+

C) 1

+

S) 40. 1.5

Variable

Key

B

=

Weekly Base Pay



Officials, who are required to attend such proceedings as Inquests, Autopsies, and

Registry of

Motor Vehicle Hearings, etc., shall

be

paid

in

accordance with Article VI,

Section 2.

ARTICLE

VIII

Vacation

Section

1

a. In accordance with the City of Lawrence Ordinance 2-106, vacations with

pay shall be granted annually to Officers based on length of service as

follows:

1.

2.

3.

4.

1 through 5 years continuous service

5 through

10

years continuous service


20 years

or

more continuous service

=10 working days.

= 15 working days.

=20 working days.

=25 working days.

b. Effective July 1, 2003, Superior Officers with 15 years of service, but

fewer than 25 years of service, shall receive 25 working days of vacation;

Superior Officers with 25 or more years of service shall receive 30

working days ofvacation.

c. Effective July 1, 2005, and in accordance with City of Lawrence

Ordinance 2-106, vacations

with pay

shall

be

granted annually to Superior

Officers based on length of service as follows:



10 through 15 years of continuous service

15 through 20 years

of

continuous service

21 ihrough 22 years of continuous service

=10 working days.

=

15

working days.

=20 working days.

=25 working days.

=26 working days.

10


25/68




25 years of continuous service

=27 working days.

=28 working days.

=29 working days.

=30 working days.

Section 2. Vacation Selection.

Vacation periods shaH

be

selected within the Division

or

Platoon in order of rank, and

within the rank, in order

of

seniority based upon the date

of

appointment to the rank.

If

two officers were appointed

on

the

same

date, then the order of next lower rank, etc. shaH

control, and if dentical, the Officer with the earlier date ofbirth shaH have prior

selection. All vacation time must

be

selected

by

seniority

by

March 31

in

any year, and

after that date, will

be

picked on a first come first serve basis.

Section 3. Vacation Period

a _ The vacation period shall run throughout the calendar year. No more than

one official from each platoon

or

Division shall

be

assigned a vacation

during each week, if requested. During the period

in

which the Officials

days off appear during hislher vacation period other Officials may select

personal days, time owed days, and third, fourth, fifth, and sixth weeks

vacation days, for this will

be in

keeping with the rule

of

no

more

than one

offi


26/68

Section 6.

a.

Effective July 1, 2003 each Superior Officer

may

elect in any calendar

year to redeem up to five (5) days

of

accrued, unused vacation for cash.

The City shall make such payments to eligible Officers on the first payday

in December

of

each year at the rates then in effect.

b. For the purpose

of

calculating daily vacation pay the following formula

shall be utilized:

. Daily Vacation Pay = B * 1 +C) * 1 + S) / 5.

Variable Key

B

=

Weekly Base Pay



c. Effective July 1, 2005 the Mayor at hislher discretion, shall have the

option

of

offering each Superior Officer an additional opportunity to

redeem up to five more days

of

accrued, unused vacation for cash. The

City shall make such payments to eligible Officers on the first payday in

December of each year at the rates then in effect.

ARTICLE IX

olidays

Section 1

a.

The provisions

of

the General Laws (Ter. Ed.) Chapter 147, Section 17A,

shall

be

applied, providing pay for each

of

the following holidays:

b.

New Year sDay

Martin Luther King Birthday

Washington s Birthday

Patriot s Day

Memorial Day

Independence Day

Labor Day

Columbus Day

Veteran s Day

Thanksgiving Day

Christmas Day

In

addition to the foregoing, three (3) days personal leave will

be

granted

to each Officer in each year without loss

ofpay

provided that the Officer

gives at least twenty-four (24) hours notice of ntention to take such

personal day, except in the case

of

an emergency, and subject to the

approval

of

the Officer in Charge ofhislher Platoon or Division. Such

approval will not

be

unreasonably withheld. These three (3) days

of

personal leave may be taken on a holiday as long

as

there is no other

12


27/68

Section 2.

j I

Official (in accordance with Article VIII, Section 3) on a vacation day or a

personal day off.

Holiday pay shall be calculated as follows:

a.

For each unworked holiday a Superior Officer will be paid hislher regular

salary plus an extra days pay at straight time. Straight time for a full tour

on a holiday shall continue to be computed as one-fifth (1/5)

of

regular

weekly compensation.

b. On and after September

1,

1987, a Superior Officer who works on a

holiday will be paid two (2) extra days pay, subject to the provisions of

Section 2c., plus the pay specified in Section 2a., for an unworked holiday.

c. n

order to

be

paid for a holiday worked (the premium specified in

Section 2b.) the employee must actually work on the work day

immediately preceding and the work day immediately following the

holiday, provided he/she was scheduled to work on either

of

hose days.

The premium is not paid if sick on those days. The employee will not be

penalized for utilizing vacation, personal, or bereavement leave, etc. The

payment under Section 2a. (for an unworked holiday) will be made

regardless ofnon-compliance with the prior paragraph

d.

Regular weekly compensation for the purposes

of

calculating Holiday Pay

is defined as Base Pay (see Article XIII, Section 1b.) plus applicable

Career Incentive Pay and Shift Differential Pay. Administrative

Differential Pay is specifically excluded from this provision.

e. For the purpose

of

calculating Holiday Pay the following formula shall be

utilized:

Holiday Pay = B * 1 +C)

*

1 + S) / 5

Variable Key

B = Weekly Base Pay



13


28/68

ARTICLE X

Clothing

and

Cleaning Allowance

Effective July 1, 2002, a clothing and cleaning allowance

of

eleven hundred dollars

( 1,100.00) for the fiscal year shall be given to all members of the Lawrence Police

Superior Officer's Association who may be required to wear uniforms while on duty.

Motorcycle uniforms and equipment shall be supplied by the City. This allowance shall

include brass, hats, jackets, uniforms, shirts, shoes, cuffs, holsters, belts, patches, and

equipment used by the Officer while on duty as prescribed by the City in agreement with

the Association.

The

purchase and maintenance of such uniforms shall be

in

a manner

prescribed through policy and shall be the sole responsibility of the individual Officer.

When any Officer is required to work in uniform, he/she shall wear the :full uniform as

prescribed by department policy, provided that the City shall pay for the first issue ofany

change

in

the prescribed uniform with the exception

of the

change to be effective

September 1 2000. Officers out on extended leave or L.L.D. for the entire previous fiscal

year shall not be eligible for the allowance for the current year.

ARTICLE

X

Residence

There shall be no residency requirement

of

any kind except as may otherwise be required

bylaw

ARTICLE XII

Sick Leave, Injuries, Special Leave, and Bereavement Leave

Section 1. Sick Time.

Effective July

1

2004, Superior Officers shall

be

granted fifteen (15) sick days as of

January 1

t of

each year.

Section 2

. Superior Officers will be allowed to accumulate all of their unused sick time.

14


29/68

.

.

Section 3.

On

the next payday following a Superior Officer s retirement, death,

or

voluntary

termination

of

employment with ten (10)

or

more years

of

service, helshe (or hislher heirs

at law) shall be paid a lump sum equivalent of one-half 1/2) ofhislher accumulated,

unused sick leave then in force. Payment shall

be

made at the pay rate pertaining to

hislher grade at the time

of

such termination, retirement,

or

death. Effective June 30,

1988, the number

of

sick leave days payable (at one-half) shall

be

capped at three

hundred (300). .

Section 4 Sick Leave Bank.

Any Superior Officer covered

by

this agreement,

may

contribute up to a maximum

often

(10)

of

their accumulated sick leave days

per

year to another Superior Officer who is

absent due to a serious illness, and has exhausted hislher personal sick leave. Request to

transfer such accumulated sick leave to the benefit of another Superior Officer, may

be

made

in

writing to the Chief and must

be

approved

by

the

hief

in

conjunction with two

designated Association members. Approval shall

not be

arbitrarily

or

capriciously

withheld. The

hief may

request medical evidence concerning the absent employee

(Superior Officer) as well as that

of

the contributing employee (Superior Officer)

in

considering requests for transfers

of

accumulated sick leave. Requests for medical

evidence as used herein applies only to this Section 4.

Section 5. njured Leave.

General Laws Chapter 41, Section 11 IF, shall be applied in cases of injury. Officers shall

have twenty-four (24) hours to report injuries

in the line of duty.

Section 6. Special Leave.

Each employee shall

be

granted special leave with pay for a day

on

which

he

is able to

secure another employee to work in his place provided:

a

Such substitution does not impose any additional cost

on

the City.

b. Such substitution is within the equal rank

of

other Officer qualified.

c

The Officer in charge of the Division

in

which the substitution shall take

place shall

be

notified in writing on an appropriate form not less than one

(1) day prior to its becoming effective.

In

the case ofan emergency,

notification may

be

made

by

telephone. Each Superior Officer is limited to

no more than twenty (20) working days

of

special leave per year.

Section 7. Bereavement Leave.

In the event of a death within the immediate family of a Superior Officer or hislher

spouse, the Superior Officer shall be granted four (4) working days off, without loss

of

pay. The Chief

may

at hislher discretion require a Superior Officer who requests such a

15


30/68

I

leave to provide written documentation of such a death. The immediate family is defined

as follows:

Spouse

Father

Mother

Sister

Brother

Child

Grandchild

Grandparent

Aunt

Uncle

Relative (living

in the Superior Officer's home)

RTICLE XIII

Compensation

Section

1

Wages.

a.

The following across the board wage increases will become effective on

the dates stated below.

July

1,

2002 three 3 %) percent.

July 1, 2003 two (2%) percent.

July

1,

2004 three (3%) percent.

July

1,

2005 three (3 %) percent.

b.

The resulting base pay rates shall

be

as follows:

1.

July 1

t

2002

early

Weekly

Sergeant

48,129.12 925.56

Lieutenant 56,311.84

1,082.92

Captain 65,884.52

1,267.01

2. July 1

5

1 2003

early Weekly

Sergeant

49,092.16 944.08

Lieutenant

57,438.16

1,104.58

16


31/68

c.

Captain

67,201.68 1,292.34

3.

July 1 t 2004

YearIx

Weekly

Sergeant 50,564.80 972.40

Lieutenant

59,160.92 1,137.71

Captain

69,217.72 1,331.11

4.

July 1 t 2005

YearIx

Weekly

Sergeant 52,081.74 1,001.57

Lieutenant

60,935.75 1,171.84

Captain 71,294.25 1,371.04

Fortbe purpose of calculating Regular

Pay

the following formula shall

be

utilized:

Regular

Pay

=

B

l + C 1 + S +A

Variable Key

B

=

Base Pay

S = Shift Differential

Pay


A = Administrative Differential

Pay

d. Effective July 1, 2005 each Superior Officer who qualifies based on years

of service for the City ofLawrence shall receive an additional base wage

increase in the following amounts:

, At ten (10) years of service

t

fifteen (15) years

of

service

At twenty (20) years

of

service

At twenty-five (25) years

of service

= .5% base wage increase.

=

1.0% base wage increase.

=

1.5% base wage increase.

= 2.0% base wage increase.

17


32/68

i I

Section 2. Longevity.

a In addition to the annual salary, Officers who qualify with length of

service, will

be paid

as part

of

their regular compensation, a longevity

increment as follows:

Years o Service o[Salary Schedule see Sec. 2b.i

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25-29

30 or more

2.25

2.50

2.75

3.00

3.25

3.50

3.75

4.00

4.25

4.50

4.75

5.00

5.25

5.50

5.75

6.00

6.25

6.50

6.75

7.00

8.50

9.00

b. Longevity pay is based only on applicable Base

Pay

plus Career Incentive

Pay.

c Newly appointed Superior Officers shall continue to receive the longevity

and educational incentive benefits to which they were entitled to as

patrolmen.

d

. The longevity increment will be paid annually

on

the first pay period

of

December.

In

the event that a Superior Officer dies

or

retires, hislher

longevity increment will be prorated as

of

the date

of

hislher death or

retirement. However, if such date occurs

in

such year later than the

anniversary date

ofhislher

permanent employment, hislher longevity will

be paid

in

full. Eligibility for longevity increment shall

be

based on the

employee's length of service for the City

of

Lawrence as

of

December 31

in each calendar year as provided

in

City Ordinance Section 2-158.

18


33/68

,

e. For the purpose

of

calculating Longevity

Pay

the following formula shall

be utilized:

Longevity Pay

=

B * 1

+

C)

* I

Variable Key

B

=

Yearly Base Pay


I = Applicable Longevity Increment

,Section 3

Acting Sergeants will receive same rate

of

pay as a permanent Sergeants. Acting

Lieutenants will receive the same rate ofpay

as

permanent Lieutenants. Acting Captains

will receive same rate

of

pay as a permanent Captains.

Section 4

a. The City of Lawrence agrees to be bound by the provisions of General

Law Chapter

41

Section

l 8L

(Career Incentive Pay Program). The City

agrees to make payments to Superior Officers qualifYing thereunder in

accordance with the terms

of

the said statute, which are incorporated

herein

by

reference, as a part of said Superior Officer s regular

compensation. Said payments to

be

paid weekly.

b.

Section 5

If Chapter

41

Section 108L, is repealed or amended by the Legislature to

provide lower benefits for Superior Officers than are currently provided,

the City shall pay to each affected Superior Officer the difference between

its share

ofthe

incentive for each such Superior Officer calculated

according to the existing statutory formula and its share of the incentive

for each such Superior Officer calculated as provided by law following

such repeal or amendment.

If

Section 108L is repealed, standards for

qualifYing colleges, universities, and courses shall be determined for

Superior Officers becoming eligible for incentive payments thereafter

by

applying the statutory standards last in effect preceding such repeal.

Employees who are required to travel outside of the City Limits

of

Lawrence on official

business shall

be

reimbursed for expenses incurred for authorized meals, in accordance

with the following amounts and time periods.

a. For travel ofless than twenty-four (24) hours commencing two (2) hours

or more before compensated time, employees shall be entitled to the below

breakfast allowance.

b.

Employees will be entitled to the below dinner allowance only where an

overnight stay is involved.

19


34/68

CHARLES

D. BODDY, JR.

ttorney

PETER T SUPP

JAMES M. BOWERS

ANNE L. RANDAZZO

ssistant

City

ttorneys

TO

FROM

SUBJECT

DATE

CITY OF LAWRENCE

OFFICE

O

THE CITY ATTORNEY

SUITE 306, CITY

HALL

200 COMMON STREET

LAWRENCE, MASSACHUSETTS 01840

INTEROFFICE

MEMOR NDUM

MICHAEL]. SULLIVAN, MAYOR

]IMBOWERS,ASST.

CITI

ATTORNEY

1A1{ :3

SPECIAL POLICE

OFFICER

SIDE LETTER AGREEMENT

FEBRUARY 18, 2005

TELEPHONE

(978) 794-5800

FACSIMILE

(978) 794-5799

Mr. Mayor. Please find enclosed the Side Lettet Agreement, signed by

both

the

Lawrence Patrolmen's Association and the Lawrence Superior Officers' Association.

The Side Letter Agreement allow you, as Mayor, to appoint Special Police Officers ,

pursuant to Mass. Gen. Law c. 41, sec. 99, for the purpose of allowing retired Lawrence

Police Officers the ability to work traffic duty

and road

details within the City of Lawrence.

This matter was discussed between the City

and

the unions approximately 18 months

ago, but is only now beiog brought to closure. In addition to the Side Letter Agreement, I

am attaching

both t9.e

General Duties

and

Responsibilities sheet that I had prepared, that

. outlines the type

of

work that the retired officers would be allowed to perform, and provides

a sign-off sheet for any special police officer appointed.

The retired officers would be called to

do

a road detail only

if

there were no active

Lawrence Police Officets available to

fill

the detail (typically,

if

this is the case, the work

would

go

to the State Police

or

Sheriffs Departroent). Sitnilar agreements are in place in

local municipalities (Andover and Methuen, for example). The benefits are two-fold: 1) it

allows the City to tetain the 10% fee for the detail, and 2) allows retired police officers

additional income to supplement their pensions.

Whereas it has

been

sometime since we discussed this matter, I am available to sit down

and discuss the matter with you at your request.


35/68

SIDE

LETTER OF

AGREEMENT

BETWEEN

THE PATROLMEN'S

ASSOCIATION

AND

THE

LAWRENCE

SUPERIOR

OFFICERS ASSOCIATION

AND

THE CITY OF

LAWRENCE, MA 01840

The purpose of this side Letter

of

Agreement is to fmalize an agreement reached

between the parties regarding extra paid details.

As a result thereof, the parties agree,

by

this Side Letter, to amend their respective

collective bargaining agreements as follows:

Article XV, Section 2 (Detail Preference), ofboth the Lawrence Patrolmen's

Association and the Lawrence Police Superior Officers Association, is amended,

by

striking the existing language in each section, and replacing

it

therein with the following:

Paid

detail assignments shall be offered to the following groups, in the

order

in which they

appear:

(1)

permanent

full-time

patrolmen

and Sergeants;

(2)

all other members

of

the Lawrence

Superior

Officers Association

,

(3) permanent

officers

of the

Lawrence Police

Department

who have

been laid off due to a decrease in the workforce and/or budgetary

constraints; and

(4)

reti red police officers.

Details shall be shared as equally as practical among those officers

within each respective gronp. Retired police officers will be

considered Special Police Officers , pursuant to M.G.L. c. 41, sec. 99,

and shall be subject to the provisions of M.G.L.

c.

32, sec. 91 (which

limits individuals receiving a pension

or retirement

allowance from

the state county, municipality, district,

or

authority, to

960

hours

of

work, in the aggregate, in

any

calendar year,

for the

state, county,

municipality, district, or authority). Additionally, said Special Police

Officer shall

not

be entitled to any M.G.L.

c.

41, sec

l l l

benefits,

shonld he

or

she become incapacitated as a result

of

injury while on

dll.ty.


36/68

. illy retired police officer may apply to become a Special Police Officer

by

first

making application to the Union/Association

in

which that officer was a

member

just prior

to his

or

her retirement, for sponsorship to the Chief of Police and or Mayor for

appointment

as

a Special Police Officer. The appointment will be subject to review on an

annual basis, or

upon

just cause, as determined by the Union/Association. The Mayor

and

or Chief of Police shall be the final authority in the appointment/removal of Special

Police Officers for the City of Lawrence. Any retired police officer who retired as a Superior

Officer for the City of Lawrence will have no special standing due to his her designation as

a superior officer prior to his

her

retirement.

The Summary/General Duties

nd

Responsihilites/Special Requirements

of

the

Special Police Officer

is

attached and is incorporated herein. It is understood that any

retired police officer seeking to become a Special Police Officer shall be given a copy of the

attached form, and must sign said fonn prior to his her acceptance as a Special Police

Officer.

Nothing

in this side letter is intended to alter the stipulated arbitration award

rendered by Arbitrator Paul Dorr dated October

7,

1982.

INWTINESS TIffiREOF, the parries

have

hereunto

s t

their hands and

seal

this day of ,

0 0 ~ ; .

LAWRENCE PATROLNIEN S

ASSOCIATION

LAWRENCE SUPERIOR

OFFICERS ASSOCIATION

by

n Andrews

by

President

CITY OF LAWRENCE

by

iVIichael J Sullivan

Mayor

s ~ r t t T ~ ~

Presider


37/68

SPECIAL POLICE

OFFICER

SUMMARY

A Special Police Officer shall be a retired Lawrence Police Officer or Superior Officer,

who will be called

in

to perform traffic duty at road details only, when there is no

regular officer available to work.

GENERAL DUTIES AND RESPONSIBILITIES

t is tlte duty nd responsibility

of

a Special Police Officer to:

Maintain a present CPT and First Aid Certification through the Lawrence Police

Department.

Maintain through the Lawrence Police Department, firearm and pepper spray

certification.

On a yearly basis, provide a certificate from his physician that

he

or she is in good

health to perform the duties

of

a Special Police Officer .

Adhere to the Lawrence Police Department rules, regulations, policies and

procedures.

Be in full Department UnifOlln, wearing a traffic vest or traffic belt when

performing all traffic duties.

When called in for duty, the Special Police Officer must carry with him a firearm,

which has been approved by

the Lawrence Police Department Armorer, and for

which the Special Police Officer has been qualified. The Special Police Officer

shall be allowed to use a department portable radio that he or she will sign in and

out for with the Commanding Officer on duty,

if

said radio is available for use by

the Special Police Officer.

Maintain a current driver's license and a Massachusetts license to carry firearms.

Purchase and wear a silver standard Massachusetts Police Badge with the

Commonwealth Seal and the title Special engraved. (NO RANK)

At no time during their appointment s a Special Police Officer have control,

take control

or

be granted control of any road detail. Nor shall a Special Police

Officer be assigned to any outside details other than road details .

On a yearly basis, along with firearm and pepper spray certification, shall be

given an update on criminal laws and motor vehicle laws

by

the Lawrence Police

Department Training Officer. Shall meet or exceed the training requirements

mandated

by

the Massachusetts Criminal Justice Training Council and the

Massachusetts Police Accreditation program.

Any costs associated with obtaining or maintaining the required certifications or

attending necessary trainings will

be

the responsibility

of

the Special Police Officer.


38/68

-

SPECIAL REQUIREMENTS

Must be a retired Lawrence Police Officer or Superior Officer.

Must have been academy trained.

Did not retire on any type of disability.

Retired police officers will be considered Special Police Officers , pursu nt to

M.G.L.

c.

41, sec. 99, nd shall be subject to the provisions of M.G.L.

c.

32, sec.

91

(which limits individuals receiving a pension or retirement allowance from the state

county, municipality, district,

or

anthority, to 960 hours

of

work, in the aggregate,

in any calendar year, for the state county, municipality, district,

or

authority).

Additionally, said Special Police Officer shall not be entit led to any M.G.L. c. 41 sec

l l lF benefits, should lie or she become illcapacitated as a result of illjury while on

duty.

I , have read and fully understand the

above, and, having done so, seek to be accepted for appointment as a Special Police

Officer for the City ofLawrence.

(Retired)


39/68

'., ,

4 98F

OFFICERS AND hMl ; LU

Historical

and

Statutory Notes

St.1980,

c.142

was approved

May 9 1980.

St.1991.

c.

125, approved July 9, 1991, in the

first sentence, inserted and each college or

university to which officers have been appointed

pursuant to the provisions

of

section ten of

chapter

one

hundred and forty-seven .

effective as of July

1,

1992, in the first

substituted sixty-three of chapter

twenty-t:\Ij

Ol

for ten

of

chapter one hundred and

seven .

St.1992, c. 286, 122, an emergency act,

approved Dec. 23, 1992, and by 279 made

St.1994, c. 353, 1, approved Jan. 13,

in the second sentence, added the proviso.

Records 1 =3.

Westlaw Topic No. 326.

C.J.S. Records

4.

Library References

Research

References

Treatises end Practice Aids tIon And Unwarranled Invasions Of

al Privacy Exemption.

8A

Mass. Prac. Series 848, Police Reports.

39

Mass. Prae. Series 1166, Exemption C

Personnel

And

Medical Files

Or

Informa-

42 Mass. Prac. Series 6.6, Police

98G.

Domestic abuse; police

reports

Any city, town or district police department which requires an i n v e s t i g ~

police officer to

make

a

report concerning

an incident, offense

offense investigate.d, or any arrest made,

on

a form provided

by

the departrii:

shall

include on said

form a

space

to

indicate

whether

said

incident,

alleged, offense

or

arrest

involved abuse as defined in section one of

hundred and nineA. .

Added by 8t,1987, c. 93, 2

, , I :, ',. .;1 .' : . :' .

. . ... Historical and Statutory Notes

SI.1987,c. 93. 2; .;.:;; a p ~ r o v e d May 29, .

1987,

and

by

3

msde

effective

Jan.

L 1988,

.' :,,, .

.;>,

99;

R e q ~ l s l i : . l o ~

of police officers

by

othertoWnS . .

r ; ' ~ . l ; ' f ; " ; - ' f ~ ' ; - :

,H ',.

: . :-:

:, ':1';'1.'_

-I ' : . ~ ' ... ' ,

\" .

. ~ .

,

Themayor sel ctmen,.'ehiefof police, or

person

however designated,hj

the duties

of

a ehi,ef

f

polic.e, or,.in the absence

of

the chief

of

police,

.

however

designa\ed:)aving:;the,

duties

of a chief of police, the ~ o r r u . n . l l

officer, may

upon the

request of,

the'

mayor. selectmen, chief of police;

however

designated having the . duties of a

chief

of police.

or in the

the chief

of police

or

persoil h O ~ e v e r designated having

the

duties, of

police, . he commanding officer

of

any other. city

or

toWn

.officers,

who

shall

have

the

authority

of constables

and

police officers];

the ltmits of

such

city or town. except as to the service of civil p t o c e s s ~

while exercising such authority vl ithin such limits, shall have

the

same

ties

and

privileges as

when

acting

within their

respective cities

and

the

city

or town

providing said officers shall

be

entitled to receive

city or town

the

amount paid

to

them

for

their

service,

necessary traveling expenses.

Amended by 8t.1932,

c.

124;

8t.1951 c.

214; 8t.1958,

c.

53; 8t.1965,

c.

382.

368


40/68

AI\.TD EMPLOYEES

41

99A

Historical and

St 'tutory

Notes

R.L.1902, c. 26,

20.

St.l920,

c.

591,

13.

Library References

:stlawTooic Nos. 268, 381.

c.r.s. Municipal Corporations

486

to 487,

493,495 to 496.

C.J.S. Towns

120 to 125.

Research References

and Practice Aids

_

8SS

Prac. Series

9.6, Arrest Without

Warrant-Extraterritorial Arrest.

- :s. Prac, Series

52.66, Self Defense

By A Private Person.

Mass. Prac. Series 52.80, Constitution-

.

Defenses-Arrest.

. Prac. Series

842, Police Person-

18A Mass. Prac. Series 845, Powers

And

Duties.

30 Mass. Prac. Series

99, Authority To Ar .

rest Without A Warrant-Private Person-Mis-

demeanors.

. . .

30 Mass. Prac. Sedes 100, Limitations On

Power Of Arrest Without A Warrant

As

To

Places.

,Notes of Decisions

1

. ..

.

. u .......... ... ......

I., who was sworn in as special

'-tee officer in neighboring

town

pursuant to

atilte authorizing requisition of police officers

~ l o t h e r towns, ;had right to stop motorist in

ighboring town on suspicion of drunk

driving

d to participate in both the investigation and

motorist. Com. v. Nicholson (2002)

_

702, 56 Mass.App.Ct. 921, review

N.E.2d 1084, 438 Mass. 1108, Au

iiomobiles

e=

349(12)

I

The prior swearing in

of special

officers,

alone, satisfies the requirements of statute au

thorizing towns to confer police powt::rs on offi

cers from other jurisdictions .

Com.

v.

Nichol.

son, (2002)

779,N,E.2d

702, 56 Mass,App,Ct.

921, review denied 782 N,E,2d 1084, 438 Mass:

1108 Towns e= 15 - ..

.

t a t u t ~ governing' r e c r u i ~ e n t of special p i ~

lice officers' permitted town

to

requisition offi

cer from out of state and to give him authority

to stop motor.

~ h i c l e s w i t h i n

state ,for.criminal-

or

civiJ

infractions, as separate statute authori2;,;,

.

ing

arrests b y - o u t - o f - s t a ~ police in fresh

pursuit .

of sllspected felons was :rlOt sole source of out,;.'

of-state p f f i c ~ r s authority to arrest. Com.

v.

'Callahan

(1998) 701 N,E,2d

328,428

Mass. 335.

Arrest

63.2 " .

City police 'officer who was special

policg

officer in neighboring town had the .same au

thority as the police officer of the town to make

an investigative stop. Com.

v.

Andrews (1993)

611 RE,2d 252, 34 Mass,App,Ct 324, review

denied 616 N,E,2d 469,415 Mass, 1104, Arrest

"'"

63.2

Members of regular police or fire department and fire

alarm

divi-

sion; residence outside city or town

, . '

'i

Any

member of the regular police 'or fire department and fire alarm divisiop.

city or town appointed subsequent to August first, nineteen hundred, and

rseventy-eight shall reside within fifteen miles of the limits of said city or town,

distance shall

be

measured from the closest border limits of said city

or

in which said member is employed to theclasest border limits of i:hecity

town

in

which said member

lives;

provided

however, i any said city

or town

369

.

I

I.


41/68

:

c Employees are entitled to the below lunch allowance for any above

described travel during the work shift.

Breakfast $3.50

Lunch $6.50

Dinner $8.50

Section

6

Mileage allowance shall be at the current IRS rate as it may change from time to time.

Section

7

Schooling.

The parties agree to abide by A.A.A. Case Number 1139 - 1450 -77 (involving

arbitration between the City of Lawrence and the Lawrence Patrolman's Association

the

so called Lees' grievance ). In addition to the above decision, there shall

be

four (4)

compensatory days off, for all Superior Officers who attend Police Training School.

Section 8.

The Lawrence Police Superior Officer's Association agrees to the City's intention to

change the payroll system from the current weekly payroll system to a bi-weekly payroll

system. This agreement and such payroll plan change are expressly made subject to the

condition that bargaining unit employees will not be subject

by

such payroll change to

any loss of earnings in any fiscal year period to which they otherwise would be entitled

pursuant to the terms and provisions of his Agreement. The City agrees that such payroll

change will not

be

implemented for the bargaining unit represented

by

the Lawrence

Police Superior Officer's Association unless and until an other City and School

Department bargaining units execute an agreement including the same payroll change

and such change is implemented for all such other bargaining units.

Section 9. Administrative Differential Pay.

a

Effective July 1,2003, each Superior Officer shall receive Administrative

Differential

Pay

equal to eight (8%) percent of each Superior Officer's

applicable Base pay, Career Incentive Pay, and Shift Differential Pay. Such

~ s t r a t i v e Differential Pay shall be paid weekly

as

part ofregular pay,

provided that a Superior Officer who has been on leave for more than

thirty

consecutive days

in

any fiscal year shall not receive such Administrative

Differential Pay until such time as he or she returns to work from such leave

for at least one day. The Administrative Differential Pay shall constitute

regular compensation for pension and retirement purposes, but shall not be

included in the calculation of Overtime Pay, Holiday Pay, and Longevity Pay.

20


42/68

,

b. All Superior Officers shall report for duty fifteen (15) minutes before the

scheduled platoon hours and, after the ratification date, shall

be

held overfor

duty fifteen (15) minutes thereafter, to prepare for the orderly transition

of

duty from one shift to another.

c. For the purpose of calculating Administrative Differential Pay the following

formula shall

be

utilized:

Administrative Differential Pay

=

.08 (B

* 1 +C) *

1

+ S

Variable Key

B

=

Base

Pay


C

=

Career Incentive

Pay

Section 10 Retirement Pension

The City and the Association agree that the following comp'ensation classifications will

be

treated

as

regular compensation for the purpose

of

calculating a Superior Officer's

retirement andlor pension benefit.

Base Pay

(ARTICLE XIII, Section

1.)

Career Incentive

Pay

, (ARTICLE XIII, Section 4.)

Shift Differential

(ARTICLE V,

Section 2.)

Holiday Pay

(ARTICLE IX, Section 2a.)

Administrative Differential (ARTICLE XIII, Section 9.)

Longevity Pay

(ARTICLE XIII, Section 2.)

Section

1

a.

ARTICLE XIV

Group Health Insurance

The City will pay seventy-five (75 ) percent and Superior Officers will

pay twenty-five (25 ) percent of the premium cost ofMaster Medical

coverage. Effective July

1, 2001, the City will pay ninety (90 ) percent

and Superior Officers will pay ten (10 ) percent ofthe premium cost of

all other health plans, including

MO

Blue, Health Plans Inc., and

Harvard Pilgrim.

21


43/68

b. Effective July 1 2003, employees shall

p y

twenty (20%) percent

of

the

cost for HMO Blue, Health Plans Inc., Harvard Pilgrim, and all health

plans except for Master Medical.

Section

2

Effective on the date ofratification, all employees shall be eligible to participate in the

existing city plan for payment

of

health insurance premiums on a pre-tax basis on the

same terms and conditions as all other participants in such plan. The City agrees that

it

will in good faith promptly consider the addition

of

a pre-tax excess medical expense

plan and a pre-tax child or dependent care plan, and shall make such plans available to

Superior Officers

if

hey are established for any other employees within the City.

Section 3

Should the City wish to amend co-pays, deductibles, prescription costs,

or

other financial

obligations

of

Superior Officers under its health plans,

it

agrees that any such

amendments shall be subject to negotiations with the Association in advance

of

such

amendment.

An

impasse,

if

any, in such negotiations shall

be

shbject to dispute resolution

at the request

of

either the City or the Association through binding arbitration.

ARTICLE XV

Outside Details

Section 1 Paid Details

a.

Effective July

1

2003, the hourly detail rate for Superior Officers shall

increase to 37.50 during the week and to 42.50 on weekends and

holidays. Effective July 1,2004, the hourly detail rate for Superior

Officers shall increase to 40.00 during the week and to 45.00 on

weekends and holidays. For the purpose

of

this section, weekends shall

be

defined as the time period between 5:00 p.m. on Friday and 11:59 p.m. on

Sunday.

b. Effective July 1 2003, any Superior Officer shall receive 5.00 per hour

in

addition to the detail rate provided above for any detail in which he

or

she is in charge. (See Article XV, Section lc.)

c.

When three officers are assigned to a private detail, the third officer must

be a Superior Officer, who will

be

in charge.

22


44/68

Section 2.Detail Preference.

The Lawrence Police Superior Officer 's Association will abide by the arbitration award

(A.A.A. Case Number 1139-0586-82) between the City ofLawrence and the Lawrence

Patrolmen's Association.

Section 3.

All details worked at the premises of

an

employer where a labor dispute exists shall

be

paid at double time the usual rate, with a minimum of four (4) hours.

Section 4.

All details performed in the area of a riot

or

civil disorder shall

be paid

at double the

usual rate, with a minimum off four (4) hours.

Section 5.

Effective July

1

2003, the City shall create and fund an escrow account for payment

of

all detail compensation to which Superior Officers are entitled under Article XV. Also

from

on

and after July 1 2003 the City guarantees that all detail payments shall be made

to each Superior Officer for all details worked. Such payments shall be made within three

weeks of the date that the detail was worked, provided that the Superior Officer has

provided the City mely documentation as required under the detail policy.

ARTICLE XVI

Grievance Procedure

Section 1.

The tern grievance shall

be

defined as any dispute concerning the interpretation or

application of this Agreement. The grievance and all awards shall

be

submitted in

writing.

Section 2.

Grievances shall

be

processed as follows:

Step One.

Step Two.

The Association shall submit the grievance to the

Chiefof

Police.

The Chief shall answer the grievance within ten (10) days,

excluding Saturdays, Sundays, and Holidays.

If

the grievance is

not settled at this step, it shall

be

referred to:

The Mayor or his

or her

representative who then has ten (10) days

to answer.

23


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I

Step Three.

n

the event that all prior steps fail, the grievance may be submitted

to an impartial arbitrator, whose decision is final and binding.

If

the parties do not agree upon an impartial arbitrator, the grievance

shall be submitted to the American Arbitration Association, whose

decision shall be final and binding. The parties shall share the fee

and expenses of an impartial arbitrator.

Section 3.

a

A grievance shall be deemed waived unless submitted to the Chief within

fifteen (15) days after the occurrence of the incident upon which the

grievance is based.

b. A grievance shall be deemed waived unless submitted to the Mayor or his

or her representative within five (5) days after the hiefs answer is due.

c. A grievance shall be deemed waived unless submitted to an arbitrator

within twenty (20) days after the Mayor s response is due.

RTICLE XVII

Miscellaneous

The City and the Association shall continue discussions on a physical fitness program.

The Association agrees to accept the provisions of c 32B

s

19 consolidated bargaining.

RTICLE XVIII

Staffmg

Section

1.

The present staffing of Superior Officer s consists

of

he following number in each rank:

Captains 7

Lieutenants 10

Sergeants 20

Section 2.

Any reduction or reorganization affecting said staffing should

be

made

by

attrition only.

Nothing in this article shall require the City to make a new appointment in any rank

24


46/68

following the separation of service of any incumbent in such rank, unless the City wishes

to continue the services

of

such position.

Section 3. Working Out

of

Grade.

Ifa Sergeant is assigned as a Shift Connnander due to the absence of the regnlarly

assigned Lieutenant for a period continuing for five (5) consecutive working days,

he or

she shall

be

paid at the Lieutenant's rate beginning

on

the first day.

ARTICLE XIX

Litigation Insurance Reimbursement

Effective July 1, 1987, the City will reimburse the Association annually up to 75.00

per

Superior Officer for a premium

or

retainer paid to provide outside legal services to

defend a Superior Officer against third-party litigation arising out ofhis or her

employment

by

the City itself. A Superior Officer shall

be

free to choose his

or

her

own

attorney, provided however, this provision shall

be

considered as complete performance

by the City of any legal or moral obligation to indemnifY the cost

oflawyer s

fees in

. defense of third-party claims.

ARTICLE XX

Drug Testing Policy

Section 1 Purpose.

The misuse or abuse ofdrugs poses a serious threat to a Superior Officer, the

Department, and the public whom we

serve. Further, employees of the City are visible

and active representatives of he connnunity where they live and work. They are

identified with the City and are expected to represent it in a responsible and credible

fashion. The City expects its employees to report to work in a condition to perform their

duties. Therefore, the Department has adopted the following policy.

Section 2 Policy.

a.

It

is the policy cifthe City that the possession of unauthorized or illegal

drugs, the misuse

of

legal drugs, and the use

of

drugs while

on

duty are

strictly prohibited. n Officer who violates these prohibitions may

be

subject to discipline, up to and including termination.

b.

n Officer who is found to be using unauthorized

or

illegal drugs,

misusing legal drugs, or who is using drugs while on duty will be required

to participate in a

Lawrence Superior's Officers 04.03.2012

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