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ARTICLE 31: WORK POLICIES & REGULATIONS

GUIDELINES FOR DEPARTMENT OPERATIONS:

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 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:

A. Conflicts: In the event of a conflict, the last 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.

B. 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.

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

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L. Equipment Insurance. The City will maintain all risk property insurance (e.g., fire, flood, disaster,
etc.) on all public access television production equipment provided for use by Contractor or
purchased with funds or funding resulting from this contract, unless the City determines that the
equipment is insured by another entity, such as a cable operator. Nothing in this section shall
abrogate the City’s and any cable franchisee’s responsibility or obligation to maintain, repair
and/or replace such equipment at City’s or cable franchisee’s own expense, as provided in section
4 of this contract, when the loss is not covered by insurance. Contractor shall be responsible for
the deductible where the City has actually made a claim under Contractors insurance policy. Any
deductible under the City’s policy shall be responsibility of the City.

SECTION 13. WORKFORCE.

A. The Contractor shall employ only orderly and competent workers, skilled in the performance of
the services that they will perform under the contract. The Contractor shall employ its Nashua
public access workers/staff as independent contractors.

B. If the City or the City’s representative notifies the Contractor that any worker is incompetent,
disorderly or disobedient, has knowingly or repeatedly violated safety regulations, or was under
the influence of alcohol or drugs on the job, the Contractor shall immediately investigate
allegation and if necessary take steps to lawfully remove or suspend such worker from contract
services, and/or provide other lawful remedies and/or sanctions that are found appropriate in
light of the totality of circumstances; and if said worker is removed or suspended lawfully,
Contractor may not employ such worker again on contract services without the City’s prior
written consent, subject to applicable law.

SECTION 14. COMPLIANCE WITH APPLICABLE LAW, INCLUDING HEALTH,
SAFETY, AND ENVIRONMENTAL REGULATIONS.

The Contractor, and its respective employees, shall comply fully with all applicable federal, state, and
local laws, including but not limited to health, safety, and environmental laws, ordinances, rules and
regulations, including but not limited to those promulgated by the City and by the Occupational Safety
and Health Administration (OSHA), in the performance of the services required under this contract. In
case of conflict, the most stringent safety requirement shall govern. The Contractor shall indemnify and
hold the City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties
and liability of every kind arising from the breach of the Contractor’s obligations under this paragraph
(collectively, “Indemnified Claims”). Notwithstanding anything to the contrary, the Contractor shall have
no liability to the City and no obligation to indemnify and hold the City harmless if any claim, demand,
suit, action, judgment, fine, penalty or liability is caused by the City’s failure to satisfy or perform its
obligations under this contract, including the City’s promise to maintain the access facility used by
Contractor substantially in accordance with legally required regulations.

SECTION 15. POLITICAL ADVERTISING.
No funds received by the Contractor from the City or as a result of services provided under this contract,

shall be used for political advertising. Political advertising includes, but is not limited to, any
communication with the public to further the appointment, election, defeat or removal of any applicant,

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DB. Transfers: If an employee moves into another position outside of this bargaining unit, his/ner

seniority date shall be as listed in another bargaining agreement or benefit package.
Rehires: If 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.

B. Temporary Employee: A full- or part-time employee who has not 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.

C. 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.

D. 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.

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.

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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.

B.

D.

General Policies: Department services are provided to certain members/employees 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.

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.

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.

ARTICLE 36: PARTIAL INVALIDITY, SEPARABILITY, & COMPLIANCE WITH LAWS

INVALID OR UNENFORCEABLE PROVISIONS WITHIN THE AGREEMENT:

A.

B.

Applicable Law: 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.

Court, Board, or Other Authority: 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.

AGREEMENT IS SUBJECT TO ALL PERTINENT FEDERAL, STATE, AND LOCAL LAWS/
ORDINANCES:

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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 37: EDUCATIONAL REIMBURSEMENT, MANDATED TRAINING,
& PROFESSIONAL AFFILIATIONS/LICENSING

AVAILABLE FUNDING:

The Commission shall allocate an amount of $$20,000 to spend on educational benefits (tuition
reimbursement) for all department members per fiscal year.

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. Any requests for reimbursements received after June 15 may be charged
to the next fiscal year’s allotment.

Once the $20,000 cap is expended, the educational benefit (tuition reimbursement) is no longer
available to employees covered under this Agreement.

COURSE REIMBURSEMENT CRITERIA:

The maximum amount the Department will pay per class is $900 duringthe-tisealyearper school term. The
Commission shail 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:

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%.

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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 articie shall not be subject to the grievance procedure.

EDUCATIONAL INCENTIVE:

AVAILABILITY: Ona yearly basis, employees shall be paid on the Thursday following December (st in a
lump sum of the following:

1. $500 for attaining an Associate’s Degree
2. $1,000 for attaining a Bachelor's Degree
3. $1,250 for attaining a Master's Degree

RESTRICTIONS:
1. Duplicate Deqrees: Employees shall receive only one lump sum ($500) for an Associate's Degree
no matter how many Associate's Degrees the member has; only one lump sum ($1,000) for a
Bachelor's Degree no matter how many Bachelor's Degrees the member has; and, only one lump
sum ($1,250) for a Master's Degree, no matter how many Master’s Degrees an employee has.

2. Master's Degree: Members shall receive only one incentive ($1,250) for attaining a Master's
Degree. They shall not receive an additional incentive ($1,000) for their Bachelor's Degree, as this
is a prerequisite for a Master's Degree.

3. Submission by Deadline: It is the responsibility of members to submit a copy of their degree by
November 1st for the yearly December 1st payment (closest to the normal payday) to the Financial
Services Division. Thereafter, it is not needed to submit a copy every year.

4. Degree Earned After Deadline: If members do not submit a copy of their degree, or earns the
degree after the deadline, they shall not become eligible to receive the Educational Incentive until

the following year.
ARTICLE 38: WAIVER

RIGHTS DURING NEGOTIATIONS:

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 taw 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.

NO OBLIGATION TO REOPEN CONTRACT NEGOTIATIONS FOR ANY SUBJECT OR MATTER:

A. Matters Referred to or Contained Within 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.

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B. Matters Not Referred to or Contained Within 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.

SUPERSEDING OF ALL PREVIOUS WRITTEN/ORAL AGREEMENTS OR UNDERSTANDINGS:

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 39: DEFERRED COMPENSATION PROGRAM
A Deferred Compensation Program is eligible to employees as long as it is offered by the City of Nashua
and no additional costs are incurred by the Department as a result of employee participation in the
Program.

ARTICLE 40: DURATION OF AGREEMENT
This Agreement between the Union and the Department is a four year agreement, commencing on July
1, 20482022, and expiring at midnight on June 30, 20222026. A party desiring to negotiate a successor
agreement hereto shall give notice to the other party at least one hundred twenty (120) days in advance of
the expiration date hereof. If such notice is given, the parties shall negotiate a successor agreement in
good faith in advance of the expiration hereof if possible, and, if said successor agreement has not been
executed prior to said expiration date, then the parties shall conduct themselves in accordance with the
principal of “status quo”, or as otherwise required by jaw. The terms of this contract are retroactive to July

1, 20482022.

AGREED to by and between the parties at Nashua, New Hampshire, as evidenced by the signatures of

their duly authorized representatives, set forth below, this day of
NASHUA BOARD OF POLICE UFPO Local 645 Professional Employees
COMMISSIONERS of Nashua Police Department

WITNESSES:

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APPENDIX #A:

FILL BOXES MARKED WITH AN (X)

REQUEST AND AUTHORIZATION FOR VOLUNTARY ALLOTMENT OF COMPENSATION FOR
PAYMENT OF EMPLOYEE ORGANIZATION DUES AND REQUEST THE UNITED FEDERATION OF
POLICE OFFICERS’ TO ACT AS MY EXCLUSIVE COLLECTIVE BARGAINING AGENT

NAME OF EMPLOYEE (Print Last Name, First, Middle) IDENTIFICATION NO. (Soc. Sec. or Other)
HOME ADDRESS (Street and Number} CITY AND STATE ZIP CODE
PHONE DEPARTMENT Nashua Police Department Professional Emplovees

NAME OF EMPLOYEE ORGANIZATION

UNITED FEDERATION OF POLICE OFFICERS’ LOCAL __ 645

[ ] t hereby certify that the regular dues of United Federation of Police Officers’ for the above
named member are currently established at $ (see union rep for cost) per week.

(X) (X)
SIGNATURE AND TITLE OF AUTHORIZED OFFICE (President or Treasurer) DATE

| HEREBY AUTHORIZE THE ABOVE NAMED AGENT TO DEDUCT FROM MY PAY EACH PAY PERIOD, OR THE FIRST FULL PAY
PERIOD OF EACH MONTH THE AMOUNT CERTIFIED ABOVE AS THE REGULAR DUES AND TO REMIT SUGH AMOUNTS TO THE
NEW ENGLAND POLICE BENEVOLENT ASSOCIATION IN ACCORDANCE WITH ITS ARRANGEMENTS WITH MY EMPLOYING
AGENCY. | FURTHER AUTHORIZE ANY CHANGE IN THE AMOUNT TO BE DEOUCTED WHICH IS CERTIFIED BY THE ABOVE
NAMED EMPLOYEE ORGANIZATION AS A UNIFORM CHANGE IN ITS DUES STRUCTURE

(X) (x)
SIGNATURE OF EMPLOYEE DATE

* COPY SHOULD BE SENT TO: Treasurer, United Federation of Police Officers’, P.O, Box 97, Hampton, NH 0384

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APPENDIX #B:

UFPO Local 645 Professional Employees of the Nashua Police Department

DESIGNATION OF BENEFICIARY FORM Date:

To: Nashua Police Department

| would like to designate the following individual(s) as my beneficiary for:
Accrued Sick Leave [|

Accrued Vacation Leave [_ |

Beneficiary #1

(Name) (Relationship)
(Address)
Beneficiary #2
{Name} (Relationship)
{Address}
(Printed Name} (Signature)

Original: Personnel File

Copy: City of Nashua, HR Dept.

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