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

A. Compensatory time is computed at an hour and a half (1 12 hours) for every hour of straight time
worked over 40 hours in a week. Employees will make out a Department Overtime form and
mark their intention to have the time converted to time coming. Said form shall be submitted to
the appropriate Bureau Commander for approval. Each Bureau will hold the slips and make the
necessary additions and subtractions as necessary to maintain a current total to the maximum
amount as specified below.

B. Employees may convert overtime worked, but no less than one (1) hour of overtime at a time, into
a maximum amount of 24 time coming hours in any quarter of a fiscal year. Any overtime slips
submitted for accrual purposes which bring the accrued amount beyond the 24 hours will be
submitted for overtime payment.

C. Time coming hours may not be carried over from one year to the next. All accrued time coming
hours from the previous year shall be submitted for overtime payment. Employees shall not have
more than 24 hours accrued at any time.

D. Time coming may not be used to extend a block vacation week or be added to any other time off,
i.e., personal day, unless a request for such use is approved by the employee’s supervisor at
least seven (7) days prior to the scheduled block vacation or other time off. The decision of the
supervisor shall be final and not subject to the grievance procedures. A maximum of eight (8)
hours of time coming shall be used to extend a block vacation week or be added to other time off.

E. Requests for use of 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.

F. When employees utilize compensatory time:

* The employee will complete the appropriate Department form when utilizing any
compensatory time (time coming). The same procedures will be followed as used to approve
vacations and other time off. Vacation days and personal days will take precedence over
time coming.

e The time will be deducted from the employee's time coming accrual and from the actual
overtime forms. 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.

G. 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 - WORKER'S COMPENSATION

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. The cost of this coverage shall be paid entirely by the
City.

Temporary Replacement: During the time an employee is disabled from performing the duties of his position
due to an on-duty injury, the Department reserves the right to temporarily fill the position as needed up to an 18-
month period from the date of the injury.

Reinstatement_of Employee Sustaining Compensable Injuries (RSA 281-A: 25-a): Employees who have
sustained an on-duty injury shall be reinstated by the employer to the employee's former position of employment
upon request for such reinstatement, if the position exists and is available and the employee is not disabled from
performing the duties of such position, with reasonable accommodations for the employee's limitations. If the
former position has been eliminated, the employee shall be reinstated in any other existing position which is
vacant and suitable with reasonable accommodations for the employee's limitations. A certificate by the
employee's attending physician that the physician approves the employee's return to the employee's regular
employment with reasonable accommodations for the employee's limitations, shall be prima facie evidence that

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the employee is able to perform such duties. Reinstatement shall be subject to the provisions for seniority rights
and other employment restrictions contained in this contract.

A. The right to reinstatement to the employee's former position terminates when any one of the
following events occurs:

1. A medical determination by the attending physician or finding by the Labor Commissioner
that the employee cannot return to the former position of employment;

2. The employee accepts employment with another employer;
3. Eighteen months from the date of injury.
B. The right to reinstatement under RSA 281-A: 25-a shall not apply to an employee hired on a

temporary basis as a replacement for an injured employee.

Permanent Replacement: After the 18-month period if the person is still unable to return to his position, he shall
be deemed to be unable 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 may apply for any vacant
position within the Department for which he is qualified.

ARTICLE 29 - VACANCIES

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
Department procedures, with certain law enforcement selection standards, and federal and state laws.

Filling Vacancies: When filling vacancies for positions covered by this Agreement, current employees will be
given the opportunity to apply for the position, to be evaluated for consideration purposes, and to participate in
testing procedures if applicable. If an employee is selected for a new position, the employee's pay rate will be
changed to reflect the position's wage as listed under Schedule A of this Agreement. The probation period is one
(1) year unless otherwise specified in this Agreement. Should the employee's performance be unsatisfactory any
time during the one (1) year period, the Chief of Police may:

A. Permit the employee to bid on another vacancy for which he is qualified, or,
B. Return the employee to the position which he left if still vacant, or,
C. To terminate the employee from employment with the Nashua Police Department.

Department Policies: The Services Bureau Commander or designee has the option of transferring employees
within his bureau when a vacancy occurs. If qualified applicants are available from a previous recruitment for a
similar position, the Department may utilize these applications and not open the position to the outside. However,
a notice of position vacancy will be posted internally within the Nashua Police Department to ensure that every
Department employee has the right to apply for the position. If after a recruitment no qualified applicant is
selected, a position vacancy will be re-posted.

Application Procedure: No applications will be accepted by the Department or appropriate authority for any
position that is not posted, nor after the deadline date. Persons must complete applications at the Nashua Police
Department or as designated on the posting in order to be considered for vacant civilian positions. After the
deadline date listed on the "Notice of Position Vacancy," applications will be considered. No employee will be
considered for a position vacancy if he has not completed an application form before the deadline date.

Selection Process: If testing has been prepared for the position, the test will be prepared and administered by
the Nashua Police Department. Through testing, interviews, and completion of pre-employment background
investigations, the best-qualified applicants will be selected. The background investigation will include: Complete
criminal record checks; Personal reference checks; Employer reference checks; and motor vehicle checks (if he
will be driving Department vehicles).

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Final Selection Process: A final choice for the position will be decided upon. The selected applicant may be
required to pass a pre-employment physical at the city's expense prior to starting work for the city. It is agreed
that factors such as sex, race, color, national origin, religion, lawful political or employee's organization affiliation,
age, marital status, or non-disqualifying handicap are not considerations in evaluating the qualifications of an
employee or prospective employee.

ARTICLE 30 - WORK POLICIES & REGULATIONS

It 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.

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 which may tend to reflect unfavorably upon
the employee, City, or Department.

ARTICLE 31 - RETIREMENT SYSTEM

Employees who work thirty-five hours or more a week are required to join the contributory pension plan of the
City, NH Retirement System, as a condition of employment. The contribution rate will be determined by the NH
Retirement System and all applicable laws and regulations shall apply. Group | members shall also be enrolled in
the social security system.

ARTICLE 32 - DEPARTMENT SENIORITY

1. Department seniority is established by the full-time, continuous service date within the
Communications Division

2. If a conflict remains, the last names of the two parties shall be considered alphabetically and
placed accordingly. Such placement shall determine Department seniority. In these cases if an
individual's last name changes after the date of hire, the seniority date shall not be affected, but
shall remain as was originally established.

Purposes of Department Seniority Date: Department seniority shall be used to approve conflicts of vacation
selections, personal day selections, and leaves of absence. The Department seniority date may also be used for
layoffs or when filling vacancies; however, job performance, attendance records, disciplinary records, and
experience are the primary determining factors that will be considered. (Cite pertinent Articles; i.e., Vacations;
Layoffs, Recalls, & Elimination of Positions; etc., for additional purposes of the Department Seniority Date.)

Department Seniority during Laid Off Periods & Recalls: An employee's Department seniority status shall be
suspended during the time he is laid off. Employees recalled from layoff anytime during the one-year period shall
assume their Department seniority status from the date of layoff.

ARTICLE 33 - LAYOFFS, RECALLS, & ELIMINATION OF POSITIONS

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

Recalls: Management reserves the right, power, and authority to recall employees from layoff status as deemed
necessary. The names of employees laid off will be maintained on a recall list for one (1) year from the date of
such layoff and such employees will be offered their job classifications, if the same exists, in the event of a recall.
When making any recalls from layoffs, the primary determining factors that will be considered are job
performance, absenteeism record, and the workload & the number of personnel within a particular bureau,

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division, or shift. If the listed factors are the same when considering recalls from layoffs, the full-time continuous
date of employment with the Nashua Police Department will be considered. Management shall notify the
employee by registered mail of being recalled no earlier than two (2) weeks before the recall date. If an employee
fails to return to work on the date as indicated by management when recalled from layoff status, he shall be
considered to be resigned from employment with the Nashua Police Department.

Reduction of Work Hours/Elimination of Positions: When a reduction of the work hours or elimination of any
employee's position takes place, management reserves the right, power, and authority to temporarily assign the
duties to another employee/nember. Management also reserves the right, power and authority to permanently
assign the duties of the position as deemed necessary. If any new vacancies within the Nashua Police
Department become available, any employee whose job is eliminated because of permanent layoff shall be given
the opportunity to apply for the position, to be evaluated for consideration purposes, and to participate in testing
procedures if applicable. (Cite Article #29 - "VACANCIES.")

ARTICLE 34 - BULLETIN BOARD

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.

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.

ARTICLE 35 - PARTIAL INVALIDITY, SEPARABILITY, & COMPLIANCE WITH LAWS

Should the parties hereafter agree that applicable law renders invalid or unenforceable any of the provisions of
this Agreement, the parties shall attempt to agree upon a replacement for the affected provision. Such
replacement provisions shall become effective immediately upon ratification according to the respective
procedures and regulations of the parties and shall remain in effect for the duration of the Agreement.

In the event that any of the provisions of this Agreement shall be declared invalid or unenforceable by a court,
board, or other appropriate authority, such invalidity or unenforceability shall not affect the remaining provisions
thereof.

The parties agree that this Agreement is subject to all pertinent federal, state, and local laws and ordinances, as
the same may be amended or enacted from time to time, and this Agreement shall be construed in accordance
therewith, and the parties shall conform their conduct thereto.

ARTICLE 36 — EMERGENCY LEAVE

For purposes of this Article, “Emergency Leave” is defined as an unforeseen crisis situation that arises
unexpectedly which is not considered any other type of leave contained within this collective bargaining
agreement.

A. With prior approval, and at the discretion of the Chief of Police or his designee, Emergency Leave
shall be granted to employees and shall be charged first against the employee's accumulated
sick leave and then against the employee's accumulated vacation leave.

B. An employee may be granted an extension of up to two (2) weeks of Emergency Leave at the
sole discretion of the Chief of Police.

C. Any request for extension shall be in writing and shall set forth in detail the reasons therefor. An
employee may be granted additional extensions of Emergency Leave at the sole discretion of the
Chief upon written request as set out above.

D. Disputes concerning Emergency Leave shall not be subject to the Grievance Procedure.

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ARTICLE 37 — WAIVER

The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited
right and opportunity to make demands and proposals with respect to any subject or matter not removed by law
from the area of collective bargaining and that the understandings and agreements arrived at by the parties after
the exercise of that right and opportunity are set forth in this Agreement.

Therefore, the parties for the life of this Agreement voluntarily and unqualifiedly waive the right, and each agrees
that the other shall not be obligated to reopen contract negotiations with respect to any subject or matter referred
to or covered in this Agreement.

Further, the parties, for the life of this Agreement, voluntarily and unqualifiedly waive the right, and each agrees
that the other shall not be obligated to reopen contract negotiations with respect to any subject or matter not
specifically referred to or covered in this Agreement, even though such subject or matter may not have been
within the knowledge or contemplation of any of the parties at the time this Agreement was negotiated or signed.
The parties may, however, voluntarily agree to reopen contract negotiations on any subject at any time.

This Agreement contains all of the agreements and understandings between the parties; and supersedes all
previous agreements and understandings, and no oral agreement or understanding survives the execution hereof.

ARTICLE 38 - EDUCATIONAL REIMBURSEMENT, MANDATED TRAINING,
& PROFESSIONAL AFFILIATIONS/LICENSING

AVAILABLE FUNDING:

Effective July 1, 2011, the Commission shall allocate an amount of $1,200 to spend on educational benefits
(tuition reimbursement) per fiscal year, for employees covered under this Agreement.

A. Said amount is on a first come, first serve basis. In order to receive reimbursement for that fiscal year,
the Financial Services Division must receive any previously approved requests, along with the grade, by
June 15" of that fiscal year. Any requests for reimbursements received after June 15" may be charged to
the next fiscal year’s allotment.

B. Once the $1,200 cap is expended, the educational benefit (tuition reimbursement) is no longer available
to employees covered under this Agreement.

C. Any portion of the allocated funds for education reimbursement which are not expended during a fiscal
year shall not carry over to the next fiscal year.

COURSE REIMBURSEMENT CRITERIA:

The maximum amount the Department will pay per course is $400. Only one course will be reimbursed per
school term. The Commission shall reimburse employees up to 100% of the tuition costs for one course
successfully completed during the academic term for a degree- or certificate-related program under the following
conditions

A. Degree/Certificate Program: The course selected by the employee must be part of a degree or
certificate program and approved by the Chief or designee prior to enrollment.

B. Accredited: The course must be taken at an accredited college or university.
C. Satisfactory Grade: The employee must receive a passing grade of "C" (or its equivalent) or better.

D. Job-Related: The degree or certificate program must be job-related. The final decision of whether or not
the degree or certificate program is job-related shall be determined solely at the discretion of the Chief.

BOOKS AND/OR RELATED FEES:

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The City does not reimburse employees for books and/or related fees.

MANDATED TRAINING:

Employees who are mandated to participate in programs or workshops/conferences will be reimbursed at 100%.
PROFESSIONAL AFFILIATIONS/LICENSING:

The Department shall bear the cost of all licenses and/or certifications required by various regulatory agencies
(local, state, and federal) to maintain the employee’s required certifications and licenses relating to their current
position within the Department.

GRIEVANCE POLICY:

This article shall not be subject to the grievance procedure.

ARTICLE 39 - TERM OF AGREEMENT
This Agreement shall remain in full force and effect from midnight, July 1, 2019, until midnight, June 30, 2023.
Any party intending to alter or modify this Agreement or negotiate a successor agreement hereto, shall give notice

to the other party of such intention at least one hundred and twenty (120) days prior to the expiration date hereof,
after which the parties shall forthwith arrange to commence collective bargaining negotiations.

This Agreement is dated , 2020
NASHUA POLICE COMMISSION NASHUA POLICE COMMUNICATION
EMPLOYEES N.E.P.B.A. LOCAL 125, I.U.P.A.,
AFL-CIO
WITNESSES:

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SPECIAL BOARD OF ALDERMEN
OCTOBER 6, 2020

7:00 PM

To access Zoom:
httos://UusO2web.zoom.us/j/87400650849?pwd=ZENhd29vWIM3dU9UTIRZRENIRUszUT09

Meeting ID: 874 0065 0849 Passcode: 988380

To join by phone: 1-929-205-6099 - Meeting ID: 874 0065 0849 Passcode: 988380

If for some reason you cannot connect to Zoom, please contact us at (603) 821-2049 and they will help you
with connectivity. The public may also view the meeting via Channel 16.

PRESIDENT LORI WILSHIRE CALLS ASSEMBLY TO ORDER

PRAYER OFFERED BY CITY CLERK SUSAN K. LOVERING
PLEDGE TO THE FLAG LED BY ALDERMAN PATRICIA KLEE
ROLL CALL
PUBLIC HEARING
R-20-076

AUTHORIZING AN ENERGY PERFORMANCE CONTRACT AND LEASE FINANCING
ARRANGEMENT

Testimony in Favor

Testimony in Opposition

Testimony in Favor

Testimony in Opposition

ADJOURNMENT

A special meeting of the Board of Aldermen was held Tuesday, October 6, 2020, at 7:00 p.m. via Zoom.
President Lori Wilshire presided; City Clerk Susan Lovering recorded.

Prayer was offered by City Clerk Susan Lovering; Alderman Patricia Klee led in the Pledge to the Flag.
President Wilshire

As President of the Board of Aldermen, | find that due to the State of Emergency declared by the
Governor as a result of the COVID-19 pandemic and in accordance with the Governor's Emergency
Order #12 pursuant to Executive Order 2020-04, this public body is authorized to meet electronically.

Please note that there is no physical location to observe and listen contemporaneously to this meeting,
which was authorized pursuant to the Governors Emergency Order. However, in accordance with the
Emergency Order, | am confirming that we are:

Providing public access to the meeting by telephone, with additional access possibilities by video or
other electronic means:

To access Zoom, please refer to the agenda or the City’s website for the meeting link.

To join by phone dial: 1-929-205-6099 - Meeting ID: 874 0065 0849 - Passcode: 988380

We previously gave notice to the public of the necessary information for accessing the meeting through
public postings. Instructions have also been provided on the City of Nashua’s website at www.nashuanh.gov
and publicly noticed at City Hall, Nashua Public Library and the Nashua Telegraph.

If anybody has a problem accessing the meeting via phone or Channel 16, please call 603-821-2049 and
they will help you connect.

In the event the public is unable to access the meeting via the methods mentioned above, the meeting will
be adjourned and rescheduled. Please note that all votes that are taken during this meeting shall be done
by roll call vote.

Let’s start the meeting by taking a roll call attendance. When each member states their presence, please
also state whether there is anyone in the room with you during this meeting, which is required under
the Right-To-Know Law.

City Clerk Lovering called the roll and asked them to state the reason he or she could not attend, confirmed
that they could hear the proceedings, and stated who was present with him or her.

The roll call was taken with 13 members of the Board of Aldermen present: Alderman Michael B. O’Brien,
Sr., Alderman Patricia Klee, Alderwoman Shoshanna Kelly, Alderman Richard A. Dowd,

Alderman June M. Caron, Alderman Benjamin Clemons, Alderman Lopez, Alderman David C. Tencza,
Alderwoman Elizabeth Lu, Alderman Ernest Jette, Alderman Jan Schmidt, Alderman, Alderman Skip
Cleaver, Alderman Linda Harriott-Gathright, Alderman Wilshire.

Alderwoman Shoshanna Kelly and Alderman Laws were recorded absent.

Mayor James W. Donchess, Corporation Counsel Steven A. Bolton were also in attendance.

Special Board of Aldermen 10-06-2020 Page 2
ROLL CALL

Alderman O’Brien

| am present, | can hear the proceedings and | am alone.

Alderman Klee

| am here, | am alone and | can hear everyone.

Alderman Dowd

Yes, | am here, | am alone; | can hear the proceedings and am practicing social distancing.
Alderman Caron

Yes, | am here, | am alone and | can hear everyone.

Alderman Clemons

Thank you, | am here, | am by myself at home and | can hear everyone.

Alderman Lopez

| can see and hear everybody and | am alone.

Alderman Tencza

| am present, | am alone and | can hear everyone.

Alderwoman Lu

I’m here, | am alone and | can hear everyone.

Alderman Jette

| am here, | can hear the proceedings and | am staying safer at home with my wife.
Alderman Schmidt

| am present and | am alone in the room.

Alderman Cleaver

| am present, my daughter is in and out of the room, | can hear the proceedings and we are practicing
social distancing.

Alderman Harriott-Gathright

| am present, | can hear everyone, | am in this room alone and | am practicing social distancing.
President Wilshire

| am present, | am alone in this room and | am social distancing.

Special Board of Aldermen 10-06-2020 Page 3

Susan Lovering, City Clerk

You have 13 in attendance.
President Wilshire

Thank you, also with us this evening is Corporation Counsel, Steve Bolton and the Mayor. As is
customary, | will turn this Public Hearing over to the Chairman of the Budget Review Committee, Alderman
Dowd. Alderman Dowd?

Chairman Dowd

Yes tonight we are here to have a Public Hearing on R-20-076, Authoring an energy performing contract
and leasing finance agreement. Before we get started with Public Comment, who from the School
Department is going to give us some words on this arrangement?

Mayor Donchess

Mr. Chair, | thought | would introduce the subject and then let others take over the details.
Chairman Dowd

OK, sounds good to me, Mayor?

Mayor Donchess

| know the Board of Aldermen is very interested in reducing the City’s carbon footprint. We have carbon
reduction goals which we have articulated. This is a large and very important green project for the City.
The proposal basically is to replace the lighting at each of the two High Schools with LED, greatly reducing
the City’s energy use. Shaun is going to speak soon | am sure, but | want to thank Shaun Smith especially,
as well as Dan Donovan. There are the ones who really developed this proposal and brought it to the point
where we can present it to you. Also, Doria Brown is on | think somewhere, she was addressing another
group, a Statewide Energy Group, but she helped to support the project on the way through.

But in essence, the energy bills for the High Schools are at $1.2 million dollars. This project would reduce
the energy bill by a guaranteed minimum of $460,000.00. The energy reduction that we would achieve is
something like 1,600 tons of carbon emissions a year, the equivalent of taking 348 cars off the road. And |
checked just to see what the City’s Fleet is cars and SUV’s, car and SUV’s, it’s around 80 something with
back ups it is closer to 100 but really 80 some active vehicles, so it’s like we taking almost 4 times the City’s
automobile and SUV fleet off the road.

There is certainly a cost and we are entering, there will be no upfront costs for the City, we do have to
make lease payments. The cost of the project after net of rebates is about $6.7 million dollars. So we need
to make lease payments. The lease payment is $450,000.00 a year but we are guaranteed savings of
$460,000.00 so Doria is optimistic it will be greater than that, but minimum $10,000.00 savings every year.
And, of course, we will be greatly reducing the City’s carbon footprint by doing this. Again, Doria’s estimate
is optimistic but no guarantee. But if the savings were less than the $460 that would reduce our lease
payment. So we could not lose money on the deal.

There’s a financing company involved and that’s who the contract is with. The contractor to do the work |
think is EEIl but Shaun Smith who again | want to thank for helping us keep this project on track because
things get really delayed with COVID. He’s been working very hard on the alternative care side, remote
learning, | mean there’s a lot going on at the School Department. But we are able to bring, thank you to
Shaun and Dan’s and Doria’s efforts, the project to you tonight. So with that, | will turn it over to Shaun
Smith who | think would go forward next.