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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.

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

D. 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: 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 343+
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.

B. 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

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when considering layoff decisions, the full-time continuous date of employment with the Nashua
Police Department will be considered.

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
whose 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.

ARTICLE 3532
BULLETIN BOARD

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LOCATION AND POSTING OF UNION MATERIALS:

The Department shall maintain a bulletin board for the Union to post notices of Union appointmenis,
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 maierial 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.

C.

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/ner absence for approval
prior to the electronic communication being sent to the Union membership.

ARTICLE 3633
PARTIAL INVALIDITY, SEPARABILITY, & COMPLIANCE WITH LAWS

INVALID OR UNENFORCEABLE PROVISIONS WITHIN THE AGREEMENT:

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A. 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.

B. 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:

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 3734
EDUCATIONAL REIMBURSEMENT, MANDATED TRAINING,
& PROFESSIONAL AFFILIATIONS/LICENSING

AVAILABLE FUNDING:

The Commission shall allocate an amount of $3, 20,000 to spend on educational benefits (tuition
reimbursement) for all department members per fiscal year,,forempleyees-cevered underthis 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. Any requests for reimbursements received after June 15 may be charged
to the next fiscal year’s allotment.

B. Once the $3,080 $20.000-cap is expended, the educational benefit (tuition reimbursement) is no
longer available to employees covered under this Agreement.

COURSE REIMBURSEMENT CRITERIA:

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The maximum amount the Department will pay per class is $800-duringiscal year 2010 and-$900 during
the fiscal year20+4+. Only-ene-class-wil be reimbursed perschostterm— 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:

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.

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EDUCATIONAL INCENTIVE:

AVAILABILITY: On a yearly basis, employees shall be paid on the Thursday following December ist ina
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 Degrees: 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 Masters Degrees an employee has.

2. WMaster’s Dearee: 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 Dearee, 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 ist for the yearly December ist payment (closest to the normal payday) to the Financial

Services Division. Thereafier, it is not needed to submit a copy every year.

4. Degree Earned Aiter 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.

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ADesignation-of Leave: Emergency Leave is _designatedas_an—unferescen—crsis_skrationthat
atises-thatis-not considered -as-any othertype ofleave- contained-within this bargaining agreement
suchas sictteave _famihmedicatleave otc,

BW¥Definition;—orthe surpese-olthis Anicle,-ihe weords—emergencyHeavemeans_time wher-an
employecis-excused from astive duty for emergency-reasons-

D When Sick is Not Available:-if iok4 . ilablo_tt . licib!
receive-an-emergency leave -day_unless the -empleyee-optste-take-an-available-accrued vacatien
day:

by} he-discretion

Chiefs aboense)-wil-a pa-tine oniployeo be allewed to iake-a-cay oft for ernetgoney lonve without
pay

APPROVAL OF LEAVE:

With prie-appreval-and-atthe discretion of the Chief of Police-er-his-designee, Emergency Leave maybe
granted to empleyees.The-appropraie form willbe completed by-the-superviser-orempleyeethe torm
willbe fonwarded to the Financial Senvices-Division for deduotion purneses-

DISPUTES:

Disputes cencerning emergencsyteave shall-netbe subjectto the-Grievance-Procedure-

DEFINFHON:

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Conceptual Schedule

The following page is a conceptual schedule showing staffing, product procurement lead time, and
proposed monthly minimum installation quotas.

9225 Bee Cave Rd www, Slemens.usa.com
Building B, Ste 101 512-837-8000
Austin, TX 78733 Page 21

Atanyonetime the minimum time allowed will-be-thirty 30} minutes_and the maximum time allowed is-two
{2}-heurs._Suehtime shall net exceed fourt4 beurs_in-a-calendaryearand-shall be deducted fom thie
employee's accumulated-sick-leave—tf ne-sick leave is_available, the-empleyee-is-not- eligible te receive
Personal time.

REQUESTING RERSONAI-HME:

ia-ewriting- en the appropriate Departmentiorm,empleyees- wilt be allowed to formally request Personal time
ff during thoir-workday—C forma, ; : irae sey 4 lor the P
Time:

Disputes concerning-Persenaltime-shallnotbe-subiect te the Grevance Procedure:

ARTICLE 3638
WAIVER

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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 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.

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.

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 3739
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.

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