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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 detined 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.

FULL-TIME EMPLOYEES:

Full-time employees will receive a normal day's pay at their regular straight time rate for the above
holidays.

PART-TIME EMPLOYEES:

Part-time employees will receive a normal day's pay at their regular straight time rate for the above holidays.
However, part-time employees who are not scheduled to work on the holiday are not eligible for holiday

pay.

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. Requirements/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.

C. 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.

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 health 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 (HMQO}

(b) The City may make additional plans 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. It is 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.

Shouid 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 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. 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 wilt 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 (HMQ}, 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 regular 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 Articie 16, upon the request cf an eligible member of the
bargaining unit, the City shall 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 pian(s) are not

available:
a. Point-of-Service Plan;
b. HMO Plan;
c. High Deductible Health Pian 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 (F¥2024): The City shall contribute 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 ($160.00) per emergency room visit;

20)

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 plan 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 efigible 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 pian 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 provided the benefits to
Participanis are comparable and the City elects the least expensive pian 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 shal
be heard in an expedited manner. The decision of the arbitrator shall be binding on both parties.

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.

SECTION 23. INTERPRETATION.

The contract is intended by the parties as a final, complete and exclusive statement of the terms of their
agreement except that 1) the parties agree to carry out their obligations hereunder in a manner subject to
and consistent with the cable franchise between the City of Nashua and Comcast or its successor(s) as in
effect during the term of this Agreement, and said cable franchise is incorporated herein by reference; and
ii) Contractor shall also be bound by any commitments in its reply to the City’s Request for Proposal dated
February 24, 2022, attached hereto as Exhibit C, and said reply to the RFP shall be incorporated herein by
reference, and in the event of any variation between said reply to the RFP and this contract, the City shall
have the option of applying the more stringent terms. No course of prior dealing between the parties or
course of performance or usage of the trade shall be relevant to supplement or explain any term used in
the contract.

SECTION 24. DISPUTE RESOLUTION.

If a dispute arises out of or relates to the contract, or the breach thereof, the parties agree to negotiate prior
to prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to toll
the running of a statute of limitations or to seek injunctive relief. Either party may make a written request
for a meeting between representatives of each party within fourteen (14) calendar days after receipt of the
request or such later period as agreed by the parties. Each party shall include, at a minimum, one (1)
senior level individual with decision-making authority regarding the dispute. The purpose of this and any
subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within thirty
(30) calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the
dispute, they may pursue any legal remedies as may be available. This contract shall be interpreted under
the laws of the State of New Hampshire and venue to be the Hillsborough County Superior Court absent
a judicial issue requiring venue with the Federal District Court.

SECTION 25. NOTIFICATION OF ACTION BROUGHT.

In the event that any claim, demand, suit or other legal action, including without limitations, any
communications concerning copyright infringement, or criminal indictment is brought by any person(s),
or entity against the Contractor, Contractor shall deliver copies of such to the Purchasing Manager within
twenty four (24) hours after receipt.

SECTION 26. OTHER NOTICES.

Contractor shall notify the Purchasing Manager within two (2) working days, by providing the copies of
documents concerning:

A. Contractor filing for relief under the Bankruptcy Code;

B. the appointment of a trustee, receiver or liquidator for all or a substantial part of the Contractor’s
property;

C. any reorganization, or liquidation proceedings by or against the Contractor; and

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OD. Restrictions for Newly Hired Employees: Newly hired employees must sign up for a minimum of
one (1) year with plans “a” ,“b” or “ce” 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. 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.

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 avaitable 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 empioyees 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 responsibie for
paying the full additional premium cost for the High Option Plan.

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-tine 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:
e Employees can accrue up to a maximum of 1080 sick leave hours.

e Employees hired on or after 9/16/03:
® Employees can accrue unlimited sick leave hours.

D. Payment on Death, Retirement, or Resignation (after 15 years of service for resignations):
Employees Hired Prior to 9/16/63:

® Anemployee will receive 100% of the employees’ sick leave accrued balance; however, the
total payout will not exceed a total of 720 hours. {Payable to the beneficiary in case of
death.)

Employees hired on or after 9/16/03:

¢ An employee will receive 20% of the employees’ sick leave accrued balance; however, the
total payout will not exceed a total of 720 hours. (Payable to the beneficiary in case of death.)

In the event of the death of an employee, the employee's beneficiary (as specified in writing by the
employee on an approved form — Appendix B “Designation of Beneficiary Form") will be entitled to the
payout as outlined above (accrued up to the date of death, calculated at the current rate of pay). lfa
deceased employee has not designated a beneficiary, the accrued sick leave will be paid the
employee's estate.

In the event of retirement or resignation (after 15 years of service for resignations) the employee will
be entitled to the payout as outlined above ((accrued up to the date of retirement or resignation,
calculated at the current rate of pay).

GENERAL SICK LEAVE POLICIES:

A. Completion of Probationary Period: A newly hired Department employee is not entitled to
payment for sick leave until completion of a six-month probationary period, and such payments
may not be applied retroactively.

B. Payment for Accrued Sick Time: Employees must have the appropriate time accrued before use
of paid sick time is approved. At no time shail an employee be paid sick time if it has not yet been
accrued.

C. Unpaid Leave of Absence: During an unpaid leave of absence, an employee does not accrue
any sick time.

USE OF SICK LEAVE:

Employees taking sick leave are required to follow the procedures as specified in the Department's Rules
and Regulations Manual.

LOSS & REINSTATEMENT OF SICK LEAVE:

A. Loss of Sick Leave: Except in the case of death or if an employee resigns after 15 years of
service, accrued sick leave shall be lost if the employee resigns, is discharged, released, or laid
off.

B. Reinstatement of Sick Leave: An employee who resigns but returns to employment within three
(3) years will have his or her sick leave balance reinstated.

C. Personal Yearly Sick Bank: Employees, who are subject to a sick leave accrual cap as outlined
under this Article, shall be allowed to accrue beyond the cap during a calendar year.

1. At the start of every new year, the sick leave accrual balance will be brought back to the
employee's maximum accrual amount as outlined under this Article. Beginning in January of

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every year, employees will be able to again accrue sick days as outlined in this Article over and
above their cap during the applicable calendar year, and the process will begin again.

2. Said accrued sick leave days over the specified cap shall at no time be allowed to carry into
the ensuing calendar year.

D. Abuse of Sick Leave ~ First Offense: Full-time employees, who abuse sick leave, shall forfeit
80 hours (for 40-hour-a-week employees), 75 hours (for 37 1/2 hour-a-week employees), or 70
hours (for 35-hour-a-week employees) of accrued sick leave for a first offense. (If the entire 80,
75, or 70 hours as specified previously cannot be deducted from the accumulated total due to the
accrual amount, the negative balance will be carried over until the entire 80, 75, or 70 hours can
be deducted.) Part-time employees, who abuse sick leave, shall forfeit accrued sick leave for a
first offense prorated based on full-time forfeitures contained within this paragraph.

E. Abuse of Sick Leave — Second Offense: For the second offense, full-time employees shall forfeit
96 hours (for 40-hour-a-week employees}, or 90 hours {for 37 1/2-hour-a-week employees), or 84
hours (for 35-hour-a-week employees} of accrued sick leave. (If the entire 96, 90, or 84 hours as
specified previously cannot be deducted from the accumulated total due to the accrual amount, the
negative balance will be carried over until the entire 96, 90, or 84 hours can be deducted.) Part-
time employees, who abuse sick leave, shall forfeit accrued sick leave for a second offense
prorated based on full-time forfeitures contained within this paragraph.

SICK LEAVE BANK:

All non-probationary full-time and part-time employees covered under this Agreement shall maintain and
contribute to a Sick Leave Bank on a voluntary basis from their unused sick leave accrual balance
(Appendix C — “Sick Bank Transfer Form"), A Sick Leave Bank Committee appointed by the Union shall
establish the rules, standards, and procedures of the Sick Leave Bank.

Said rules, standards, and procedures shall be provided to and approved by the Chief of Police before
implementation and operation of the sick Leave Bank by the Union. Once the rules, standards, and
procedures have been approved, the Sick Leave Bank usage shall not be subject to the grievance
procedure.

Employees shall hold harmiess the Commission, the Department, and the City for any decisions made by
the Sick Leave Bank Committee once installed

ARTICLE 18: BEREAVEMENT LEAVE

Definitions: For the purposes of this Article:

A. The term "bereavement leave" means "a leave of absence granied to an employee upon a
death occurring in the employee's Immediate Family.”

B. The Chief's “designee” is the Deputy Chief of Operations or the Bureau Commander. In
the absence of the Deputy Chief of Operations or the Bureau. Commander, the Chief's
designee may be the Divisional Supervisor.

C. “Domestic Partner” is defined in Article 3:

1. Who had a Jong-term intimate relationship with an employee,

2, Who was living in the same household as the employee at the time of death, and

Fas

3. With whom the employee had an intent to remain in a long-term relationship.

Purpose of Bereavement Leave: The purpose of Bereavement Leave is to give the necessary time to
employees to handle personal affairs or to attend a funeral due a death in the immediate family. An
employee has consecutive days available to him; and, depending upon the relationship, may elect to take
one day, two days, the three days, or four days for each occurrence. An employee should not automatically
take the maximum bereavement days available as listed in the table below for each incident. An employee
also has other leave available if the time period needs to be extended. The employee should work with his
supervisor for the time needed.

Bereavement Leave Policies:

Beginning the day after the notification of the death, per occurrence, an employee shall be permitted the
following bereavement days:

One (1) Day Leave In the event of the death of an uncle, aunt, niece,
or nephew of the employee

Three (3) Days Bereavement Leave in the event of the death of an immediate family
member as defined below

Four (4) Days Bereavement Leave In the event of a parent, step-parent, spouse,
child, or step-child.

Immediate Family Defined: The immediate family includes the employee's spouse / domestic partner and
the following relatives of the employee or the employee's spouse / domestic partner:

Children, Step Children Brother, Step Brother Sister, Step Sister
Parents, Step Parenis Grandparents, Grandchildren,
Step Grandparents Step Grandchildren
Daughier-in-law, Son-in-law Ward/Relative living in the
home

If for reasons which would require out-of-state travel to the funeral services or due to the actual date of the
funerai services, the Chief of Police or designee may allow a delay in the commencement of the their
consecutive bereavement leave days. At the discretion of the Chief of Police or Deputy Chief of Operatians,
the consecutive days may be broken up between the initial notification and the actual day of the funeral
services.

Disputes: Disputes concerning Bereavement Leave shall be subject to the Grievance Procedure through
STEP 4 (Chief's level), at which point, the decision shall be final and binding upon the parties.

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