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TRANSFERS FROM ANOTHER CITY BARGAINING UNIT OR OTHER CITY DEPARTMENT:

A. Eull-Time Employees: If a full-time employee transfers from another City bargaining unit or other

B.

City Department, he/she shail be paid for all accrued vacation leave by the appropriate City
Department and shall not transfer any vacation accruals. The full-time anniversary date of
continuous City employment shall be used to caiculate a full-time employee's length of service for
accrual purposes.

Part-Time Employees:

1. Part-Time to Part-Time: If a part-time employee transfers from another City bargaining unit
or other City Department and remains a part-time employee, he/she shall be paid for all accrued
vacation leave by the appropriate City Department and shall not transfer any vacation accruals.
The part-time anniversary date of continuous City employment shall be used to calculate a
part-time employee's length of service for accrual purposes.

2. Part-Time to Full-Time: If a part-time employee transfers from another City bargaining unit or
other City Department and becomes a full-time employee, he/she shall be paid for all accrued
vacation leave by the appropriate City Department and shall not transfer any vacation accruals.
The full-time anniversary date of continuous City employment shall be used to calculate a full-
time employee's length of service for accrual purposes.

LOSS OF ACCRUED VACATION TIME:

A.

B.

Probationary Employees: If a probationary employee resigns, is laid-off, or is discharged any
time before completing his/her probationary period not exceeding one (1) year, he/she shall lose
alt accrued vacation time.

Unpaid Leave of Absence: During an unpaid leave of absence, an employee does not earn any
vacation time.

Maximum Accrual: A vacation balance of not more than two times the annual accrual can be
earned by the member's “anniversary date.” On the “anniversary date,” should the vacation
balance be over the two times maximum accrual, the balance will be decreased to two times the
annual accrual. The employee will then be allowed to accrue vacation for that month and the
following months up to the “anniversary date.”

REQUESTING USE OF VACATION TIME:

A.

B.

Block Weeks: In written form, from up to one year and at least three (3) weeks prior to the date of
use (unless waived by the Chief of Police or designee), requests for the use of vacation shall be in
5-day blocks of an employee’s normal schedule. Less senior employees, as outlined under
Paragraph “D” below, shall check with senior personnel (if available) at least one week before
submitting vacation requests to their appropriate supervisor for approval. The senior personnel
have one week to notify the less senior employee that a conflict exists. The less senior employees
shall document this process on the request from, including not receiving a response back from the
senior employees within the one-week time frame if applicable.

Individual, Half-Day or Hourly Leave: Employees are allowed to use vacation in one- or half-day
or one hour increments of vacation leave at a time only upon approval of their Bureau Commander

or designee. In written form, employees are to request individual vacation days at least 3 days
prior to their use; however, supervisors may waive this time restriction.

H.

Responsibilities of Supervisors: Potential workloads, manpower requirements, or any possibility
of an emergency situation are considerations of a supervisor before approving usage, as well as
the circumstances explained in Paragraphs “D” and “E" below.

1. Block Weeks: Upon receipt of the vacation request, supervisors will respond as soon as
possible, but within two (2) weeks of receipt of the block week vacation request.

2. Individual Vacation Days: Due to the limited time frame of individual vacation days,
supervisors will respond to the vacation request prior to the date of the requested use.

Hierarchy to Resolve Conflicts: If a conflict arises in the use of vacation time among personnel
in the Bureau/Division, the Bureau Commander or designee will use the following hierarchy in order
to resolve it:

Supervisors (Sworn & Civilian — As it relates under Paragraph “E" below.)
Assistant Supervisors

Senior Full-Time Employees

Junior Full-Time Employees

Part-Time Employees

Number Allowed on Vacation at One Time/Availability of Police Officers: The number of

employees and police officers allowed on vacation within a Bureau or Division at one time shall be
determined by the Chief or designee based on the positions held. The approval of employees on
vacation within a Bureau or Division is normally not affected by the availability of police officers,
except when certain conditions exist. The below are examples, but the conditions are not limited
to the specific examples below.

1. Performing the Same Job: In the cases where employees perform the same duties as police
officers, and there is a minimum staffing requirement necessary to perform the essential duties
that could not otherwise be performed by others outside of the Bureau/Division, the employee's
vacation may or may not be approved if certain manpower conditions exist. An example is the
Police Attorneys (employees} and Police Prosecutors (police officers) who perform the same
prosecution duties in court. In this situation, minimum staffing requirements allow only two
prosecutors to be on a block week vacation at any one time in any combination, and up to three
which allows the approval of an individual vacation day under special circumstances as
authorized by the applicable authority.

Partial Vacation Leave — Family Medical Leave: Employees may use partial vacation days in
any increment for payment of time used for valid FMLA incidents.

Approval of Vacation Leave Beyond Two Consecutive Work Weeks: Except as approved by
the Chief of Police or designee, employees cannot take more than two (2) consecutive work weeks

of vacation at any one time.

Final Approval:

1. Verification by Financial Services Division: Before final approval by the employee's
supervisor, the accrual of the necessary vacation time needed must be verified by the
appropriate personnel in the Financial Services Division.

2. The appropriate form will be completed by the supervisor or employee, and forwarded to the
appropriate Financial Services Division personnel.

a. Completion of Probationary Period: Employees must complete six (6} months of

continuous service before taking any accrued vacation time unless otherwise designated
in this Article.

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b. Time Available Before Use: Employees will have the appropriate time accrued before
use of vacation time is approved. Under special circumstances, an employee may be
allowed to take vacation time if it has not yet been accrued if authorized by the Chief of
Police or designee.

3. After approval, the form will be sent back to the employee's Bureau Commander or designee,
and the employee will be notified.

|. Changed/Canceled Approved Vacation: Once a vacation is approved and the dates are to be
changed or canceled by the employee, the employee must reapply. The employee must complete
the appropriate form canceling the vacation and the entire process began again.

J. Recall of Vacation: Any approved vacation is subject to recall by the Chief of Police or designee
due to workloads, manpower requirements, and any emergencies that arise.

1. Non-Exempt Employees: Non-exempt employees shall be paid time and half of their regular
rate of pay for a callback when on vacation and granted an equivalent amount off vacation time,
but no less than one day, which may be banked for future use.

2. Exempt Employees: Exempt employees do not receive overtime for a callback when on
vacation, but are granted an equivalent amount off vacation time, but no less than one day,
which may be banked for future use.

ARTICLE 14: HOLIDAYS

GENERAL POLICIES:

There are twelve (12) paid holidays per calendar year, plus Presidential Election Day, every fourth year.

A. Standard Holidays: The following are standard holidays:

NEW YEAR'S DAY INDEPENDENCE DAY THANKSGIVING DAY
CIVIL RIGHTS DAY LABOR DAY CHRISTMAS DAY
MEMORIAL DAY VETERANS’ DAY

B. Floating Holidays: The remaining four (4) days are determined by the Chief of Police in December
of each year.

C. When Holidays are Celebrated: Holidays that fall on Saturday are celebrated on Friday, and ones
that fall on Sunday are celebrated on Monday.

D. Scheduled Day Off:_If_a scheduled holiday falls on an employee's normal day off, the employee
may choose to take the holiday on a different day in the same week that the holiday falls in, the

week prior to the holiday, or the week immediately following the holiday.

E. Qualifying for Holiday Pay: In order to qualify for holiday pay, full-time and part-time employees
who are off-duty on the day of the holiday, must have worked their last scheduled duty day prior to
the holiday and the first scheduled duty day after the holiday, or been absent on authorized leave
on either or both of these days. “Authorized leave" is defined as an occupational injury,
bereavement leave, vacation or sick leave, jury duty, military reserve or National Guard duty, court
appearance by subpoena, or other compensatory time off, determined by the member's supervisor.

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FULL-TIME EMPLOYEES:

AHercompleting-the-tirst thiny {30} calendar days-otemployment fullFull-time employees will receive a
normal day's pay at their regular straight time rate for the above holidays. Fha20-dayperiedis-waived-tor
Aew-empleyecswhewere-arevieueh-empieyed full-time by the Ciy-fora peredlongerthan 30 daye and
iraneterrad to-the-Deparmentwithcut-any break in sendce.

PART-TIME EMPLOYEES:

partPart-time employees will receive a

sama day's p pay a their regular craight ‘ime rate for ihe Sone holidays. | However, part-time employees
who are not scheduled to work on the holiday are not eligible for holiday pay. The-30-day-periedis-waived
= ora abit rn wie were ‘ olernsti dinate ig ip ld ili ali ante lca ae isl

ARTICLE 15: UNIFORMS & DRESS CODE

GENERAL POLICIES:

It is the policy of the Nashua Police Department to provide certain guidelines to insure a professional image
in the grooming and dress of its employees. Due to tours and visits from official representatives and public
contacts, police headquarters is often open to outsiders. It is the policy of the Nashua Police Department
that its employees project a professional image with their grooming and dress.

UNIFORMS/SPECIALIZED APPAREL:

A. Bequirements/Specifications: Certain employees are designated by the Chief of Police or
designee to wear uniforms or specialized apparel. They shall conform to the uniform requirements
and specifications as listed under the Nashua Police Department Rules and Regulations Manual.

B. Initial Issue: Upon employment with the Nashua Police Department, designated employees will
receive an initial issue of uniforms or as determined by the Chief of Police or designee.

Cc. Replacements: Within budgetary allotments, needed replacement will be issued as authorized by
the Chief of Police or designee.

CIVILIAN CLOTHING:

Employees permitted to wear civilian clothing shall conform to standards normally worn by office
personnel in professional, private business firms unless otherwise directed by a supervisor. It will be at
the discretion of the Chief of Police or designee to make a determination of acceptable or nonacceptable
attire.

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ARTICLE 16: INSURANCES & LONG &SHORT-TERM DISABILITY
MEDICAL & HEALTH INSURANCE

A. Minimum Hours Restrict: Health insurance is offered to all full-time employees or regular part-
time employees, who work a minimum of twenty (20) hours per week.

B. Part-Time Employees: The cost for nealth insurance for part-time employees is pro-rated.

C. Available Plans: Except as otherwise provided in this Article 16, upon the request of an eligible
member of the bargaining unit, the City shall provide the amount of the premium specified below
for an individual, two-person or family plan, under one of the following plans offered by the City, if
available, or a comparable plan if the following plan(s) are not available:

(a) Health Maintenance Organization (HMO)

(b) The City may make additional pfans available to members with benefit levels and
premium cost sharing determined by the City in its sole discretion, including, but not
limited to, carving out prescription benefits from a health insurance company to be
managed by a Pharmacy Benefits Manager.

The option of the health care plan is at the sole discretion of the City. It is agreed by all parties
concerned that the City reserves and shall have the right to change insurance carriers. Itis agreed
by all parties concerned that the city reserves and shall have the right to change insurance carriers
provided the benefits to participants are comparable and the city elects the least expensive plan
available to provide such benefits.

Should the City determine that it is in the best interests of the City to offer a “comparable” plan to
option “a”, it shall provide at least one hundred twenty (120) days prior written notice to the Union
and documentation of the cost to members and the benefits that will be provided under the
comparable plan. Should the Union determine that the proposed plan is not comparable, the
grievance shall not be subject to the grievance procedure (Article 12), and shall be submitted
directly for arbitration no later than thirty (30) days after the Union is notified of the proposed change
to the comparable plan. The grievance shall be heard in an expedited manner. The decision of
the arbitrator shall be binding on both parties.

D. Restrictions for Newly Hired Employees: Newly hired employees must sign up for a minimum
of one (1) year with plans “a” or “b” and may change to another plan during the normai group re-

opening period.

E. Comparable Plan Definition: For the purposes of this Article, a comparable plan means no
additional out-of-pocket increases to employees and no reduction in current benefits. In addition,
the plan must provide reasonable access to health services and physicians, including specialists
and hospitals

F. Birthday Rule: Employees who are married to another employee of the city who also subscribes
to a plan will be subject to the birthday rule. The birthday rule states, whichever spouse's birthday
falls first in a calendar year, is designated as the subscriber to any health plan.

JOINT LABOR/MANAGEMENT COMMITTEE: For the duration of this Agreement, either party to the
Agreement may request that a joint Labor/Management Committee be convened to consider the
performance of the aforementioned plans, any changes thereto.

CITY CONTRIBUTIONS:

A. For eligible members, effective upon signing of this agreement and thereafter the City shall
contribute 80% of the premium of option (a). All plans offered by the City under option (a) Health
Maintenance Organizations (HMO), shall have the following minimum co-pays:

a) Twenty Dollars ($20.00) per medical visit;
b) One Hundred Dollars ($100.00) per emergency room visit;

c) Two Hundred Fifty Dollars ($250.00) per person, Five Hundred Dollars ($500.00) per two-
person/Family Inpatient/Outpatient Facility Deductible;

d) Three (3) Tier Pharmacy Benefit of $5/15/35 ($5/30/70 mail order).

Effective July 1, 2023 (FY2024):

A Minimum Hours Restrict: Health insurance is offered to all full-time employees or reqular part-
time employees, who work a minimum of twenty (20} hours per week.

B. Part-Time Employees: The cost for health insurance for part-time employees is pro-rated,

C. Except as otherwise provided in this Article 16, upon the request of an eligible member of
the bargaining unit, the City shalt provide the premium for an individual, two-person, or family
plan of one but not more of, the following plans, if available, or a comparable plan if the
following plan{s) are not available:

a.__Point-of-Service Plan:

b. HMO Plan:

c._High Deductible Health Plan with Health Savings Account (HDHP w/
H.S.A,)

d.__ The City may make additional plans available to members with benefit levels
and premium cost sharing determined by the City in its sole discretion.

Effective July 1, 2023 (FY2024): The city shall coniribute 70% of the premium of option “a” and
80% of the premium of option “b" and “c". The following plans offered by the City shall have the
following co-pays and deductibles:

Option “a”: Point of Service:
1) Twenty Dollars ($20.00) per medical visit;

2) One Hundred Dollars ($100.00) per emergency room visit;

3) Two Hundred Fifty Dollars ($250.00) per person, Five Hundred Dollars
($500.00) per two-person/Family Inpatient/Outpatient Facility Deductible;

4) Three (3) Tier Pharmacy Benefit of $5/15/35 ($5/30/70 mail order).

Option “b”: HMO Plan:
1 Twenty-five Dollars ($25.00) per medical visit:

2 One Hundred Dollars ($100.00) per emergency room visit :( co-payment
waived if admitted)

3 Fifteen Hundred Dollars ($1500.00) per person, Three Thousand Dollars
($3000.00) per two-person/Family Inpatient/Outpatient Facility Deductible:

4 Three (3) Tier Pharmacy Benefit of $10/$30/$50 ($20/$60/$100 mail order).

Option “c” High Deductible Health Plan with Health Savings Account (HDHP w/ H.S.A.):
The deductibles for this ptan will be $2000 for an individual plan and $4000 for a 2-person or

family plan. The City will contribute $1500 of the $2000 for the single plan (the remaining $500

will be the responsibility of the employee) and $3000 of the 2-person or family plan (the remaining

$1000 will be the responsibility of the employee}.

The City H.S.A contribution will be distributed in 2 installments, one on or about July 1 and one
on or about October 1 of each year. If an employee is required to pay more towards his/her
deductible than the initial 50% contribution, upon presentation of suitable documentation, the City
will contribute the remaining 50% prior to October 1. Employees who retire between July 1 and
October 1 will receive their July 1 City contribution. If the retired employee keeps the City
insurance plan they will also receive the October 1 contribution. If the employee does not keep
the City plan they will not be eligible for the October_1 contribution. If an employee retirees after
October 1 they will keep the City contribution,

Coverage for new employees is available on the 1° of the next month following date of hire if hired

on or before the 15" of the month; and on the 1* of the month following a full month of employment
if hired after the 15" of the month. Employees who do not enroll on their initial eligibility date may

subsequently only do so during the annual open enrollment period or following a “qualifying

event’.

The option of the health care plan is at the sole discretion of the City. It is agreed by all parties
concerned that the City reserves and shail have the right to change insurance carriers provided
the benefits to participants are comparable and the City elects the least expensive plan available
to provide such benefits.

Should the City determine that it is in the best interests of the City to offer a “comparable” plan to

either option “a” or “b’, it shall provide at least one hundred twenty (120) days prior written notice
to the Union and documentation of the cost to members and the benefits that will be provided
under the comparable plan. Should the Union determine that the proposed plan _is_not

comparable, the grievance shall not be subject to the grievance procedure (Article 12), and shall
be submitted directly for arbitration no later than thirty (30) days after the Union is notified of the
proposed change to the comparable plan. The grievance shall be heard in an expedited manner.

The decision of the arbitrator shall be binding on both parties.

2]

For the purposes of this article, a “comparable” plan means: a comparable plan means one that offers

the same type of benefits, but benefits do not have to be exactly the same. In addition, the plan must
provide reasonable access to health services and physicians, including specialists and hospitals.

D. Restrictions for Newly Hired Employees: Newly hired employees must sign up for a minimum of
one (1) year with plans “a” ,“b" or “c” and may change to another plan during the normal group re-

opening period.

E.Comparable Plan Definition: For the purposes of this Article, a comparable plan means no additional
out-of-pocket increases to employees and no reduction in current benefits. ln addition, the plan must
provide reasonable access to health services and physicians, including specialists and hospitals

F. Birthday Rule: Employees who are married to another employee of the city who also subscribes to a
plan will be subject to the birthday rule. The birthday rule states, whichever spouse's birthday falls first in
a calendar year, is desiqnated as the subscriber to any health plan.

ENROLLMENT: New employees who wish to enroll in a health insurance program must enroll in one within
the first thirty (30) days of employment. Current employees who want to change their carrier or to subscribe
to another program can only do so during an annual “open enrollment” period or as otherwise provided.

ANNUAL AUDIT: The City of Nashua hereby agrees to conduct a yearly loss ratio analysis of all Health
Insurance plans offered to employees and return all employee overpayments in the form of a Health
Insurance Premium Holiday at the completion of the analysis.

LIFE INSURANCE

GENERAL POLICIES: Employees who work at least thirty (30) hours per week may participate in the term
life insurance program. The benefit is equal to one and a half (1.5} times an employee's annual base pay
with the City paying one hundred (100%) percent of the premium.

OPTIONAL TERM LIFE: Optional term life is available at full cost to the employee.

WHOLE LIFE: Whole life is available at full cost to employees who work twenty (20) hours or more per
week.

DENTAL INSURANCE

CONTRIBUTIONS: The City will pay one hundred (100%) percent of the premium for a one- or two-person
dental plan such as Delta Dental. Employees electing to participate in a family plan will pay the difference
between the cost of a two-person and a family plan.

PART-TIME EMPLOYEES: Regular part-time employees working a minimum of twenty (20) hours per
week are eligible to enroll on a pro rata basis.

HIGH OPTION PLAN: Those employees covered by Dental Insurance under this article may elect to
participate in the High Option Plan available through Delta Dental. The employee shall be responsible for
paying the full additional premium cost for the High Option Plan.

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OPEN ENROLLMENT: Employees who wish to change carriers may do so during open enrollment.

LONG TERM DISABILITY (LTD)

Employees who are covered by this Agreement may be eligible for Long-Term Disability under the City’s
Long-Term Disability Plan in accordance with the provisions thereof as the same may be amended from
time to time. There shall be no cost to the employee for this benefit.

SHORT TERM DISABILITY

The City of Nashua will offer Short Term Disability coverage to all employees covered under this CBA.
Participation in this program will be completely optional and funded entirely at the employee's expense.

ARTICLE 17: SICK LEAVE & SICK LEAVE BANK

TRANSFERS FROM ANOTHER OUTSIDE BARGAINING UNIT OR OTHER CITY DEPARTMENT:

Full-time and part-time employees who transfer from another bargaining unit outside of the Department or
from another City Department without any breaks in City service will be permitted to retain their sick leave
accrual balances. However, they will not be permitted to use them as sick days under this article until
completion of six (6) months of continuous Department employment.

FULL-TIME & PART-TIME EMPLOYEES:

A. Accruals per Month & Year:

1. Sick leave is accumulated at 10 hours per month for the full time employee as defined in Article
3Q provided the employee has been employed on the 15" of the month. Total accumulation
per year is 15 days (120) hours for the full-time employee.

2. Part-Time employees, as defined in Article 3P shall receive prorated sick day accruals based
on hours in a normal work day and will reach maximum accrual caps based on full-time accruals

for employees.

B. Sick Leave Deductions: For the purposes of this article, a one-day sick leave deduction shall be
the employee’s normal work day hours.

C. Maximum Accruals:

All full-time and part-time employees can accrue up to a maximum of 1,080 hours. As noted above,
part-time employee's accrual rates are prorated.

* Employees Hired Prior to 9/16/03:

® Employees can accrue up to a maximum of 1080 sick leave hours.

® Employees hired on or after 9/16/03:

® Employees can accrue unlimited sick leave hours.

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a. Contractor shall make reasonable responses in writing or verbally, depending on how the
inquiry was made to the Contractor, to public inquiries regarding its operations.

b. Before Contractor adopts any rules and procedures governing the provision of services
pursuant to this Contract, all interested parties, such as active producers, shall be given an
opportunity to be heard at a Board meeting.

c. Each of these representations and warranties shall be continuing in nature and shall be deemed
to be reaffirmed each time the Contractor accepts payment for services provided under this
contract.

SECTION 12. INDEMNIFICATION AND INSURANCE.

A. The Contractor agrees to hold the City, its officers, agents, employees, and assigned
volunteers harmless of any and all actions, claims, demands, costs, damages and liabilities on
account of or arising out of the City's payments to the same of the funds referred to in Section 6 of
this Agreement.

B. The Contractor shall hold the City and its officers, agents, employees and assigned volunteers
harmless from and defend and indemnify them against any and all actions, claims, demands and
liability arising from the negligence or other legal fault of the governing body, officers, agents,
employees and assigned volunteers of the Contractor.

C. Contractor for itself and its agents, employees, and any authorized subcontractors, shall defend,
indemnify and hold the City, its successors, assigns, officers, employees and elected officials,
harmless from and against any and all claims, demands, suits, causes of action and judgments,
whether in contract or in tort or otherwise (including negligence and strict liability), arising out of,
incident to, concerning or resulting from the performance of any services under this contract or the
negligence or willful misconduct of Contractor, its agents employees, and/or subcontractors, in the
performance of services under this contract, including, but not limited to, claims for:

1. damage to or loss of the property of any person (including but not limited to Contractor, its
agents, officers, employees and subcontractors, and third parties);

2. death, bodily injury, illness, disease, worker’s compensation, loss of services, or loss of
income or wages to any person (including but not limited to the agents, officers and
employees of Contractor; and

3. violations of any laws, rules regulations, procedures and policies of the Federal, State and
local governments, including any claims arising out of any content or program material
produced and/or broadcast, including but not limited to, claims in the nature of libel,
slander, invasion or privacy of publicity rights, non-compliance with applicable laws,
license fees and the unauthorized use of copyrighted material.

D. Contractor shall not be obligated under this section to indemnify and hold the City harmless for

claims, damages, and losses, if any, to the extent that the claim, damage, or loss was caused by the
negligence or willful misconduct of the City.

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