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3. If the employee is on long term disability;

4. If the employee is on an unpaid leave of absence.
Longevity payments received by employees shall be added to their total annual wages for computation of
overtime rates and paid in accordance with the regulations of the Fair Labor Standards Act.

It employees retire, longevity payments will be prorated by month based on the actual length of service.
Employees must work at least 15 calendar days in any month to receive credit for that month.

Two weeks prior to the employee’s anniversary date, the employee can request that this longevity payment
be deposited into a 457 Retirement Plan provided that the employee has a 457 Retirement Plan set up

through the City.

ATTENDANCE:

ARTICLE 24: WORK SCHEDULES

The effectiveness and efficiency of the Nashua Police Department require that employees report promptly
for duty. Employees shall report to work at the appropriate starting time and shall devote their entire
efforts to Department business during scheduled working hours. Unapproved or unexcused absences or

tardiness is unacceptable and will result in appropriate cisciplinary action.

WORK SCHEDULE:

A. An employee's work schedule is determined by the Chief of Police or designee based on the
operational needs of the City/Department. The Department has the right to make changes in
work schedules and assignments, as it deems necessary.

B. The Department shall make every attempt to notify affected employees in advance whenever

possible.

C. This Articles does not limit employees requesting any changes to their work schedules, based on
temporary or permanent person needs, to their appropriate Bureau Commander or designee;
however, the Department reserves the management right and authority to determine employees’
schedules based on operational needs of the City/Department.

TIME WORKED:

The following types of leave are all considered time worked for the purpose of calculating overtime.

Admin Leave w/Pay
Jury Duty

Personal time

Sick Family Member

Special Personal Day

Bereavement
Bereavement Sick
Military Leave
Regular Duty

Sick Time

WC Pending

Day Owned

Personal Day from Sick
Sick — Excused

Sick — Sick Bank

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Holiday

Personal Day NOT from Sick
Sick Emergency Leave
Special Assignment

Swap Off Self

Time Coming Taken Suspended w/Pay Swap off Training Instructor

Training Order Not OT Train Off Trainee Vacation emergency Leave

WC Light Duty Vacation Training Order traveling

ARTICLE 25A: EXCHANGE OF WORKDAYS

For the purposes of this Article, the words "Exchange of Workdays" means one normal workday and such
exchange shall be for each other's position’s duties, unless otherwise approved by the Chief of Police or
his designee.

A,

Exchanges of workdays are limited to individuals who have been cross-trained to adequately cover
the other position as determined and approved by their bureau commanders or supervisor.

The number of swaps allowed per individual shall be limited to ten per quarter if approved in
advance by his supervisor/bureau commander and it does not interfere with normal operations,
training conducted by the department, cause the need to hire overtime, and if paid back within six
(6) months.

An employee is allowed to swap with himself. Limited to ten per quarter, if approved in advance by
his supervisor/bureau commander and it does not interfere with normal operations, training
conducted by the department, cause the need to hire overtime, and if paid back within six (6)
months.

Written advanced notice signed by both employees involved in the exchange is given to the Chief
or his designee two (2) days prior to each exchange of workday desired; (The two (2) day notice
period may be waived at ihe discretion of the Chief or his designee.}

The swap of either employee involved does not result in an employee working more than 16 hours
in one work day;

The swaps do not result in interference with scheduled training or otherwise interferes with other
duties or assignments or the operations of the department;

If an employee involved in such exchange calls in sick on the exchange day, that employee shall
lose one normal work day of sick leave;

No additional swaps will be allowed for the original swap date; and
An emptoyee paying back a swap will be eligible to receive a personal day or vacation day for the

original swap date. However, approval of a personal day or vacation day shail not supersede a
request for personal day or vacation leave by permanently scheduled personnel on that shift.

ARTICLE 26: OVERTIME & FLEX TIME

Overtime will be compensated in accordance with the Fair Labor Standards Act (FLSA). Employees
classified as exempt shall not be entitled to the overtime provisions set forth in FLSA. However, exempt
employees may be entitled to per-diem or flex-time as set forth in this Article.

WHEN OVERTIME IS ALLOWED:

A. Non-Exempt Employees Full & Part Time : Non-exempt, full- and part-time employees will
receive time and one-half their regular rate of pay for all approved time worked in excess of 40
hours during a pay week, Sunday through Saturday. In lieu of overtime, the non-exempt employee
may choose te exchange this overtime to compensation time as set forth in Article 25.

B. Non-Exempt Employees Called In From Home: (!f a non-exempt employee gets called in from
home to work, he/she shall receive at least a 3-hour minimum in overtime pay if over 40 hours ina
week or a 3-hour minimum in reguiar pay if under 40 hours in a week. If the 3-hour minimum
overlaps with regular duty time, additional pay shall be only for hours worked in excess of the
regular duty schedule.

C. SUBMISSION OF OVERTIME SLIPS:
Overtime will be submitted on the appropriate form either during the week it was worked or no more
than one (1} week after the date worked. All overtime slips submitted will be paid according to the
total number of hours worked in the week it was worked, not the week the slip was received.

FLEX TIME & PER DIEM:

A. Purpose: Flextime or flexible hours program refers to the replacement of fixed work hours with
flexibie hours chosen by an employee within the parameters established by the Chief of Police or his/her
designee. Flextime is the option of working a shorter tour of duty on one day to offset a longer tour of
duty on another day in the same work week due to unusual Department assignments or job
responsibilities.

B. Exempt Employees (Flex Time & Per Diem):
a. Only employees who are exempted from the provisions of the Fair Labor Standards Act
(FLSA) shall be eligible for per diem or flex time. Exempt positions are not eligible for
overtime. However, exempt personnel may be allowed flextime off by their appropriate
supervisor within thirty (30) days of the overtime worked in exchange based on each
situation.

b. When exempt employees are required to report to work on a weekend (from Friday at 8:00
p.m. until Sunday at micnight), holiday, or vacation day in emergency or non-emergency
situations to assist any City/Department, agency, or specialty unit, the exempt employee
shall be compensated at a per diem rate of one and one-half (+ 42) times their base hourly
rate from the time they report to work until such time as they are released from work by
their supervisor.

C. Approval of Flextime: Flextime must be approved by the appropriate supervisor or designee before
the employee is allowed to change his/her duty hours.

D. Disputes: Disputes concerning personal days and flextime shall follow the Grievance Procedure
through Step 3, at which point, the decision shall be final and binding upon the parties.

E. Emergency Situations: During special times such as emergency operations or during snowstorms,
non-essential civilians may be sent home early from work. For these special situations, those civilians
who continue to work the normal work day will not receive additional pay, and those civilians who are
allowed or asked to leave the work day early, will not be deducted any amount from their normal weekly

pay.

SPECIAL PROJECT STIPENDS:

Employees, who are normally ineligible for overtime, may receive a stipend based on special projects which
fall outside of their normal areas of responsibility. The rate wil! be based on 1.5 times the hourly rate of

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pay. The amount of the stipend allowed per week will be determined in advance by the Chief or Deputy
Chief of Police.

ARTICLE 27: COMPENSATORY TIME (TIME COMING)

NON-EXEMPT EMPLOYEES:

Non-exempt employees may convert overtime worked, but not less than one hour of overtime at a time,
into a maximum amount of 24 time coming hours.

EXEMPT EMPLOYEES:

Exempt personnel do not receive time coming for time worked beyond their normal work hours; however,
they may be allowed flextime as outlined under the Overtime Article.

GENERAL POLICIES:
Compensatory time is allowed for non-exempt employees only under the following conditions:

A. Calculating Conversion: Compensatory time is computed at an hour and a half (1 % hours) for
every hour of straight time worked over 40 hours in a week.

1. Overtime Form: Employees will make out a Department Overtime form and mark their
intention to have the time converted to time coming.

2. Approval: Said form shall be submitted to the appropriate Bureau Commander or applicable
supervisor for approval.

3. Responsibility of Supervisors: As designated by the appropriate Commander or applicable
supervisor, each Bureau or other organizational component will maintain the slips and make
the necessary additions and subtractions as necessary to maintain a current total to the
maximum amount as specified below.

4. Use: Requests for use of compensatory time (time coming) shall be subject to the needs of
the Department including potential workloads and/or manpower requirements. The decision of
the supervisor shall be final and not subject to the grievance procedure.

B. Maximum Balance: Full-time employees may only have a maximum amount of 24 time coming
accumulated hours at any one time. Any overtime slips submitted for accrual purposes which bring
the total accrued amount beyond the 24 hours will be submitted by the appropriate supervisor or
designee through the normal process for overtime payment to the employee. For each Department
Overtime Form, there will be no splitting of the overtime between time coming and overtime
payment when submitted by the employee for conversion to time coming.

C. Time/Date Limits: Said time must be used within 3 months of the accrual daie, but may not be
carried over from one calendar year into the next.

D. Responsibility of Supervisors — Expired Time Coming: If a slip becomes outdated, but the
employee has taken partial time coming hours, the time taken will be deducted by the member's

appropriate supervisor or designee and the remaining time will be converted back to normal
overtime for payment.

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UTILIZING COMPENSATORY TIME:

When employees utilize compensatory time:

A. Department Form: The employee will complete the appropriate Department form when utilizing
any compensatory time {time coming). The same procedures will be following as vacations, etc.
B. Deductions: The time will be deducted from the employee's time coming accrual and from the
actual overtime forms or other automated system. Once an overtime slip's conversion to time
coming has been used completely, the slip will be marked as so and may be kept for record
purposes.
C. Termination of Employment: If an employee leaves employment for any reason, any accrued
time will be converted back to overtime hours and will be submitted for payment.
ARTICLE 28: LUNCH TIME & COFFEE BREAKS
LUNCH PERIODS:
A. Lunch periods shail be paid according to any of the following ways as dictated by the Chief of Police
or his/her designee:
1. An hour (1) lunch (without pay);
2. A 1/2 hour lunch (without pay); or
3. A 20-minute lunch break (with pay).
B. An employee may be called back from a lunch break due to emergencies.
C. The Bureau Commander or designee will allow an additional lunch break to be taken if conditions
allow this to occur.
BREAKS:
A. Employees may be allowed up to two (2) 15-minute breaks if conditions allow.
B. One break may be taken before and one may be taken after the lunch break period as the work
schedule allows.
C. All employees may be called back from a break due to emergencies.
D. The Bureau Commander or designee will allow an additional break to be taken if conditions allow.
E. The availability of breaks will not change an employee's normal workday schedule.
ARTICLE 29: WORKERS COMPENSATION
GENERAL CITY POLICIES:
A. State RSA/City’s Worker's Compensation Insurance: Employees shall be covered by the

provisions of the New Hampshire Worker's Compensation Act, as may be amended from time to
time, and by related City policies. All employees are covered by the City’s worker's compensation
insurance. The cost of this coverage shall be paid entirely by the City.

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B. Notification to Supervisor/Completion of Paperwork: In the event an employee is injured on
the job, he or she must give immediate notice to their supervisor and complete the required
paperwork.

C. Supplementing Worker's Compensation Payments: The employee may choose to supplement
his or her worker's compensation payment utilizing available benefit leave balances. The use of
accrued leave shall be limited to the difference between the amount the employee is paid under
Worker Campensation and the amount of the employee's pay for their regularly scheduled work
week as in effect at the time of the injury.

D. Accruing Benefits: Employees will continue to accrue full benefits while receiving worker's
compensation benefits.

VOCATIONAL REHABILITATION {RSA 281-A:25):
The City of Nashua shall follow the State Law under RSA 281-A:25.

ALTERNATIVE WORK OPPORTUNITIES (RSA 281-A:23-b):

The Department shall follow the State Law under RSA 281-A: 23-b regarding the development of temporary
alternative work opportunities for injured employees.

REINSTATEMENT OF EMPLOYEE SUSTAINING COMPENSABLE INJURIES/ REPLACEMENTS (RSA
281-A: 25-a):

For employees who have sustained an on-duty injury, the Department shall follow the State Law under RSA
281-A:25-an entitled, “Reinstatement of Empioyee Sustaining Compensable Injuries.”

A. Temporary Repiacement: Unless otherwise designated by State or Federal law, during the time
an employee is disabled from performing the duties of his/her position due to an on-duty injury, the
Department reserves the right to temporarily fill the position as needed up to an 18-monih period
from the date of the injury.

B. Permanent Replacement: Unless otherwise designated by State or Federal law, after the 18-
month period if the person is still unable to return to his/her position, he/she shall be deemed to be
unabie to return to work. The person will be released, and the position may be filled permanently.
If the employee becomes employable after the 18-month period, he/she may apply for any vacant
position within the Department for which he/she is qualified for.

ARTICLE 30: VACANCIES

GENERAL POLICY:

It is a policy of the Nashua Police Department to employ the best candidates possible through positive
recruitment and selection to ensure a lower rate of personnel turnover, fewer disciplinary problems, higher
moral, better community relations, and more efficient and effective services. The recruitment process will
be consistent with City and Department procedures and Federal and State laws.

4)

FILLING VACANCIES WITH CURRENT EMPLOYEES:

A. Opportunity to Apply: When filling vacancies for positions covered by this Agreement, current
employees will be given the opportunity to apply for the position through a City Posting, to be
evaluated for consideration purposes, and to participate in testing procedures if applicable.

B. Promotions: (Cite Article 21 —- Wages for policies.)

C. Demotions: Employees may apply for vacant positions lower than their current grade, which would
be considered a demotion. (Cite Article 21 - Wages for policies.)

D. Unsatisfactory Performance: Should the employee's performance be unsatisfactory any time
during the six-month pericd, the Chief of Police may:

Extend the probationary period for an additional 6 months;

Permit the employee to bid on another vacancy for which he/she is qualified, or,
Return the employee to the position which he/she left if still vacant, or,

To terminate the employee from employment with the Nashua Police Department.

ARTICLE 31: WORK POLICIES & REGULATIONS

GUIDELINES FOR DEPARTMENT OPERATIONS:

lt is the policy of the Nashua Police Department to provide certain guidelines to insure efficient Department
operations. Civilian employees must comply with all applicable chapters or sections within the Nashua
Police Department Rules & Regulations Manual or other written or unwritten procedures/policies.

STANDARDS OF CONDUCT:

Civilian employees are subject to the Nashua Police Department's Disciplinary System and Internal
Affairs Investigations for any complaints/allegations relating to a criminal offense; neglect of duty; a
violation of Department/City policies, rules, procedures or ordinances; or conduct, either on or off duty,
which may tend to reflect unfavorably upon the employee, City or Department.

ARTICLE 32: RETIREMENT SYSTEM

Employees who work thirty-five (35) hours or more per week are mandated to join the NH Retirement
System (NHRS).

ARTICLE 33: SENIORITY

DEFINITIONS:

A. City Seniority: “City seniority’ is defined as continuous service either from the date of hire or
rehire and is used for accrual purpose only.

B. Department Seniority: “Department seniority” is defined from either the date of hire or transfer
into the Department and shall be given due consideration with regard to choice of vacations and
layoffs.

SENIORITY POLICIES:

4]

This Contract, together with the attached exhibits constitutes the entire agreement between the parties
hereto with respect to the matters covered by its terms. No other agreement, assertion, statement,
understanding, or other promise made by any party, or to any employee, officer, or agent of any party that
is not embodied in this Contract shall have force or effect except that i) 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 11) Contractor shall also be bound by any commitments
in its reply to the City’s Request for Proposal dated January 28, 2022, attached hereto as Exhibit D, 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.

SECTION 34. VENUE.

The Contract is made under and shall be governed by the laws of the State of New Hampshire, including
any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. All
issues arising from this Contract shall be resolved in the courts of the State of New Hampshire, and the
parties agree to submit to the exclusive jurisdiction of such courts.

SECTION 35. NOTICES.

For purposes of this Contract, all communications and notices among the parties shall be deemed made if
sent postage prepaid to the parties and addresses set forth below:

The Contractor City of Nashua, Administrative Services
BRBTV, LLC ATTN: Kimberly Kleiner

Robert Bartis Director of Administrative Services

102 Amherst Street 229 Main Street — City Hall

Nashua, NH 03064 Nashua, NH 03060

City of Nashua, PEG Program Dept.
ATTN: PEG Program Manager

229 Main Street

Nashua, NH 03060

IN WITNESS WHEREOF, the undersigned have executed this Contract by their duly authorized

representatives as of the day of. 2022
CONTRACTOR: CITY OF NASHUA:
By: By:

Title Hon. James Donchess
Contractor Representative as authorized Mayor, City of Nashua

in its capacity as a member of the LLC

23 |Page

Conflicts: In the event of a conflict, the jast names of the two parties shall be considered
alphabetically and placed accordingly. Such placement shall determine City and/or Department
seniority. In these cases, if an individual's last name changes after their date of hire, their seniority
date shall not be affected, but shall remain as was originally established.

Department Supervisors: Department supervisors who work in the same bureaus or divisions as
other civilians in this or other bargaining units or who are Merit Employees shall have seniority over
other civilians due to their positions. This also includes Assistant Supervisors: however, the
Supervisor has seniority over the Assistant Supervisor.

Full-Time vs. Part-Time Employees: Full-time employees shall have seniority over part-time
employees.

Transfers: If an employee moves into another position outside of this bargaining unit, his/her
seniority date shall be as listed in another bargaining agreement or benefit package.

Rehires: lf an employee resigns from a position within this bargaining unit and returns to the

bargaining unit within twelve months, the employee will regain his seniority and the accrual rate
that was effective at the date of resignation.

ARTICLE 34: LAYOFFS, RECALLS, & VOLUNTARY RESIGNATIONS

LAYOFFS:

A.

Authority: Management reserves the right, power, and authority to lay off employees within the
Nashua Police Department as deemed necessary.

Primary Determining Factors: When making any layoff decisions, the primary determining
factors that will be considered are job performance, absenteeism record, and the workload & the
number of personnel within a particular bureau, division, or shift. If the listed factors are the same
when considering layoff decisions, the full-time continuous date of employment with the Nashua
Police Department will be considered.

C. Advanced Notification: As a courtesy, the Department shall make every attempt to notify
both the affected employee(s) and the Department Union Representative in advance whenever
possible.

EMPLOYEE CLASSIFICATIONS:

A.

Reqular Employee: A full- or part-time employee who has completed a probationary period and
who's funding is not paid by a grant.

Temporary Employee: A full- or part-time employee who has nat completed a probationary period
or who has completed a probationary period, but whose position is funded either in full or in part by
a grant.

Grant Employee: A full- or part-time temporary employee who is paid either in full or in part
through a grant for a period of time and is not guaranteed continued employment.

Consultant: A person who works full- or part-time at the Nashua Police Department, is not paid
directly by the Department/City but an outside agency, does not receive any benefits from the
Department, and is not part of the Bargaining Unit.

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RECALLS:

Employees, who through no fault of their own are laid off from their position, will be placed on a recall list
and given preferential consideration for like positions with due regard for City/Department seniority and past
performance. Laid off employees will remain on an established list for a period not to exceed two years.

VOLUNTARY RESIGNATIONS:

Employees who fail to return to work when recalled from layoff upon official notice from the City, will be
considered to have abandoned (voluntarily resigned) their position.

ARTICLE 35: BULLETIN BOARD

LOCATION AND POSTING OF UNION MATERIALS:

The Department shall maintain a bulletin board for the Union to post notices of Union appointments,
elections, meetings, recreational and social affairs, or other Union-related matters. The location of the
bulletin board will be agreed upon by Management and the Union. Said materials shall be posted in no
other locations.

APPROVAL, REMOVAL, & REVIEWING OF POSTED UNION MATERIALS:

No other material or information shall be posted without approval by the Chief. Upon the Chief's written
request, the Union shall promptly remove any material which is offensive or detrimental to the
Union/Management relationship. The Union will periodically, or upon the Chief's request, review all posted
material and remove material which is no longer pertinent.

ELECTRONIC MAIL:

A. Generali Policies: Department services are provided to certain members/empioyees to support
communications and exchanges of information. This access is a privilege which is revocable.
Employees should not have any expectation of privacy with respect to any information transmitted,
and such communications may be subject to the NH Right to Know Law. All electronic
communications are also subject to the policies under the Department's Rules and Regulations
Manual.

B. Legitimate Business Purposes: Electronic mail is to be used for legitimate business purposes.
“Legitimate business purposes,” includes the sending of union notices of meetings to the
membership and any necessary electronic communications during the negotiation process among
the Union Bargaining Team Members.

D. Approval of the Chief of Police: Any other uses not defined under Paragraph “B”
above, shall be brought to the attention of the Chief of Police or a Deputy Chief in his/her
absence for approval prior to the electronic communication being sent to the Union membership.

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