TOWN OF CANTON CONTRACT OF EMPLOYMENT *****DEPUTY POLICE CHIEF***** Agreement

Transcription

1 Agreement This agreement is between the Town of Canton, acting through its Board of Selectmen, and Ms. Helena Rafferty (hereafter referred to as the Deputy Police Chief or employee). 1) TERMS AND CONDITIONS: SECTION I. a. This employment agreement shall extend from July 1, 2015 through June 30, 2018, b. This contract may be extended subject to a successful performance evaluation during any initial contract term and by written approval of the Board of Selectman or as otherwise modified in this section c. In the event the employee desires to resign the position of Deputy Police Chief before the expiration of the aforesaid term of employment, the employee will provide written notice at least thirty (30) days in advance to the Canton Board of Selectmen through its Police Chief. In the event that the Town decides not to renew or extend this contract beyond June 30, 2018, the Town will provide at least thirty (30) days advance notice in writing of the decision not to renew. d. The Police Chief will review and evaluate the job performance of the Deputy Police Chief. The Police Chief will apprise the Deputy Police Chief of the results of each review and evaluation in writing. This evaluation will be completed by June 30 th of each contract year. e. The position of Deputy Police Chief is under the direct supervision of the Police Chief. The Police Chief may recommend discharge of the Deputy Police Chief at any time during the term of this agreement for good and just cause. In the event the Deputy is involuntarily separated by the Town for any reason, not related to just cause and before the expiration of the aforesaid term of employment, and during such time the Deputy is willing and able to perform the duties of the position, the Town agrees to pay a lump sum cash payment, equal to one week's salary for each year the Employee has served the Town as Deputy Chief. f. It is understood that SECTION I of this contract provides for a uniform and consistent statement of employee requirements and contract benefits and constitutes the full agreement between the Town and the Employee. SECTION II included as an attachment, becomes part of this agreement, provides for any other additional, unique and or position specific, term, condition and or benefit agreed to by the parties and shall supereede any conflicting provision contained in Section I. (Employee must list in Section II those specific items) 1

2 2) COMPENSATION: TOWN OF CANTON The Town agrees to compensate the Deputy Police Chief for a 40 hour work week for the period referenced below: For the period of 7/1/2015 through 6/30/2016 the salary of $93, (2% COLA) For the period of 7/1/2016 through 6/30/2017 the salary of $95,087.25(2% COLA) For the period of 7/1/2017 through 6/30/2018 the salary of $96,989 (2% COLA) a. Deputy Police Chief will be paid a Rank Differential payment of $5,200 paid out in fifty-two (52) weekly installments of $ b. Salary payments are to be made in fifty-two (52) equal weekly installments or other payroll frequency period as prescribed by the Town of Canton. c. Parties acknowledge and agree that the Town will complete, subject to ATM funding during FY16, a comprehensive position description and compensation evaluation. Parties further agree to reopen this contract for the sole purpose of negotiating future compensation. Parties agree to utilize the compensation evaluation, to further discuss, negotiate and establish compensation for FYs 17 and 18. d. Hours Worked and Overtime: The Deputy Police Chief 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 the approval of the Chief and is subject to periodic changes as he so determines ii. The Deputy Police Chief shall not be excluded from working private 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. All details worked for the Town shall be paid at time and one-half (1 1/4) the officers base hourly rate. The Deputy Policy Chief will be eligible for Private (non-town) unscheduled details (those with less than (12) hours' notice) beginning between 12 midnight and 7:00 a.m., inclusive, shall be paid at time and one-half (1 1/2) the detail rate. Strike details will be paid at time and one-half (1 Y2) the detail rate. iv. All Private details will be paid from the scheduled starting time of the detail until the detail is completed, inclusive. v. The Deputy Police Chief shall not 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. This section only applies when the employee has used more than four (4) sick days in a calendar year. 2

3 vi, vii, Replacement In the event there is no sergeant or association member/lieutenants/and or Deputy Chief eligible or available to work as a shift supervisor, the position shall be then only offered to an Officer in Charge (OIC) If the Deputy Policy Chief position shall not be reappointed or Ms. Helena Findlen is not reappointed to Deputy Police Chief for reasons other than just cause, Ms. Findlen shall be entitled to reinstatement in her rank as Lieutenant in the Canton Police Department. e. Performance Incentive Payment The Deputy Police Chief who receives Meets Expectations performance rating or higher shall receive the following annual non-cumulative performance incentive payments: i. After 20 years of continuous service - $700 ii. After 25 years of continuous service - $800 f. The Deputy Police Chief shall receive 25% of her base salary in regards to the Quinn Bill g. Health Insurance Opt Out Stipend: If the Deputy Police Chief 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, 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 Deputy Police Chief 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 the employee may opt out or in and receive this benefit. h. Cell Phone The Deputy Police Chief will be issued a Town cell phone 3) INSURANCE AND OTHER BENEFITS: a. HEALTH DENTAL INSURANCE: A plan of medical and dental insurance consistent with M.G.L., Chapter 32 B shall be provided to the employee with 75% paid by the Town and 25% paid by the Employee or plan design and or cost sharing as otherwise prescribed by the Town of Canton. b. VACATION LEAVE: The Town agrees to provide the employee in the amount of 28 days on the anniversary date of employment as paid vacation. Time off for vacation is to be taken subject to the approval of the Police Chief. Vacation time may be carried over from one year to the next year, to a maximum of thirty (30) days. Upon the retirement, termination, resignation or death of the employee, they (or their estate) will be paid the amount of all unused vacation time in full. Vacation credit to employee accruals shall be made on July I st of each contract year, in full. The employee may not carry over more than 30 current year vacation days in any contract year.

4 c. SICK LEAVE: Sick leave shall accrue at the rate of 1.25 days per month, accumulating, less paid sick leave taken. An employee who retires pursuant to M.G.L. chapter 32 will be entitled to receive salary compensation for Fifty Percent (50%) of unused accumulated sick time or seventy (70) days, whichever is lesser. In the case of death, payment shall be made to the deceased employee's estate, with payment calculated at the then current daily rate of pay. In no event shall sick time buy back payment made to employee (salary compensation), under this section, exceed Five Thousand Dollars ($5,000.00). d. The Deputy Police Chief shall earn one day off for every ninety (90) consecutive days during which no sick leave is used. The Deputy Police Chief may earn a maximum of four (4) days off in any fiscal year under this section. These days must be taken with the Chief's approval. In addition, the employee is allowed, with the approval of the Appointing Authority, use of paid non-occupational sick leave, up to five (5) days per contract year for family related sick leave. Employee may be required, upon request by the Town, to provide a Physician's certificate at any time by the Town for absence(s) of any duration. e. PERSONAL LEAVE: Employee shall be granted 4 paid days per fiscal year for personal reasons. Personal leave days may not be carried over from one contract year to the next contract year. f. RETIREMENT: Contributory retirement coverage with Norfolk County Retirement Board will be provided, as required by M.G.L. Chapter 152. g. TUITION REIMBURSEMENT: The Town will reimburse the Employee for job-related courses taken as part of a degree program or credit towards maintaining a professional license or professional competency. Books, registration fees, and all other costs will be paid for by the Town, subject to funding availability. Payment will be made to Employee after successful course completion. In no event shall said payment exceed one thousand two hundred and fifty dollars ($1,250.00) per fiscal year. h. OTHER BENEFITS: The town will provide the Deputy Police Chief with the following additional benefits as are conferred upon other Town Employees, including worker's compensation, and approved leave(s) with and without out pay as approved by the Board of Selectmen. i. JURY DUTY: The Employer agrees to make up the difference between the weekly wage and the compensation received for jury duty pay. J. BEREAVEMENT LEAVE: In the event of death in the immediate family of the employee, the employee shall be granted up to four (4) days leave without loss of pay, to attend the funeral or memorial services. The term immediate family shall include the mother, father, wife, husband, brother, sister, child, grandchild, grandparent, mother-in-law, father-in-law, stepparent of either spouse, brother-in-law, or sister-in-law. In the event of death of the employee's uncle, aunt, nephew, niece, or non-relative living in the employee's household for a minimum of one year, the employee shall be granted one (1) day's leave on the day of the funeral. 4

5 k. TRAVEL EXPENSE(S): The Deputy Police Chief is authorized to use municipally supplied motor vehicle for her unrestricted personal use as well as commuting to and from work consistent with rules and regulations established from time to time by the Board of Selectman. She will be reimbursed travel expenses, conference reimbursement, and out of state travel. All requests for reimbursement shall be submitted in conformity with existing town practices and procedures relating to reimbursement for expenditures. 4) PROFESSIONAL DUES AND SEMINARS: The employee is required to maintain his/her professional competency. Educational courses, seminars, and/or meetings approved by the Police Chief are encouraged. The Town shall pay costs related to such attendance subject to funding availability. Prior approval from the Police Chief is required for such participation to determine funding availability and ensure proper departmental coverage, in the absence of the Deputy Police Chief. Annual membership dues for applicable professional organizations/affiliations shall also be paid by the Town with prior approval required. 5) PHYSICAL FITNESS PROGRAM: The Deputy Police Chief 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 least three (3) times a week for three (3) months. 6) HOLIDAYS: The following days shall be recognized as paid holidays on the day on which they are observed: New Years Day Martin Luther King Day Washington's Birthday Patriot's Day Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day V2 day preceding Christmas 7) DUTIES: Under the direction of the Police Chief duties are identified in the position job description. Management reserves the right to modify duties and responsibilities outlined in the position description as determined by the Employer during the term of this agreement with notice provided. 5

6 8) ENTIRE AGREEMENT: Sections I and II contains the entire agreement between the parties and shall constitute and express all obligations of the Employer during the term of this employment agreement and supercede any previous written agreement. 9) INDEMNIFICATION: The Employer shall defend, save harmless and indemnify the Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of the Employee's duties as Deputy Police Chief. Employer will comprise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. Willful torts and criminal acts are excluded. 10) UNIFORMS: The Deputy Police Chief will be reimbursed Nine Hundred Dollars ($900.00) annually for uniforms and related clothing. Employees may use a portion of their uniform allowance to defray the cost of cleaning their uniforms by submitting monthly receipts for reimbursement. SECTION II The Deputy Police Chief will be paid out the following stipends: Administrative Officer Evidence Officer Sex Offender Registry Officer First Responder EMT EMT License Renewal $3,000 per year $1,600 per year $1,600 per year from $250 -$300 per year from $1,625 to $1,675 $200 every two years (new addition) The Deputy Police Chief position will be authorized to attend fifty-two (52) hours for certification training every two (2) years for recertification. 6

7 For the Board of Selectmen For the Employee a Findlen Robert E. Burr, Jr., Vic Chairman Kevin T. Feeney, Cle 40A Ail Victor D. Del Vecch o, Member Mark J. Porter, Member Date ( 7