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D.

1. 0-4 years of continuous service: 13 days per year for a total of 104 hours

2. 5-9 years of continuous service: 17 days per year for a total of 136 hours
3. 10-14 years of continuous service: 24 days per year for a total of 192 hours
4. 15-19 years of continuous service: 25 days per year for a total of 200 hours
5. 20-29 years of continued service: 29 days per year for a total of 232 hours
6. 30 years or more of continued service: 30 days per year for a total of 240 hours

Part-Time Employees: Part-time employees shall receive prorated vacation days and shall reach

maximum accrual caps based on full-time accruals.

PROVISIONS:

A.

Completion Of Probationary Period: After satisfactory completion of the probationary period as
determined by the Chief of Police or designee, but not exceeding one (1) year and classification as
a "regular employee," employees covered by this Agreement are eligible to take vacation leave.

Part-Time Employees: For the purposes of this article, vacation leave deductions during one
workday shall be the employee’s normal workday.

Paid Absences Considered Time Worked: Paid sick leave and absences for jury or military
reserve duty are considered time worked for vacation accrual purposes.

Holidays during vacation week: !f a holiday falls during a vacation week, holiday pay will be
given in lieu of a vacation day.

Payment of Accrued Vacation Leave to Non-Probationary Employees upon Resignation,
Termination, or Layoff: Any employee who resigns, is terminated, or is laid off is entitled to
receive accrued vacation pay prorated to the date when active employment ceases. Up to a
maximum of 2 times the annual amount of vacation accrual will be paid to the employee.

Payment of Accrued Vacation Leave upon Retirement: Any employee who retires, as defined
under the NH Retirement System, is entitled to receive accrued vacation pay prorated to the date
when active employment ceases. Up to a maximum of 2 times the annual amount of vacation
accrual will be paid to the employee.

Payment of Accrued Vacation Leave to Beneficiary or Estate: Ail accrued vacation time shall
be paid in a lump sum to the employee's beneficiary, as specified in writing by the employee on an
approved form, if death occurs while employed by the Nashua Police Department. If the employee
designates no beneficiaries, the accrued vacation leave will be paid to the employee's estate.

Vacation Credit for Previous Experience at the Time of Hire: (sidebar approved 9/17/18)
For the purpose of calculating yearly vacation time, at the time of hire, the Chief of Police or
his/her designee is authorized to credit the employee for previous experience up to a maximum
of nine (9) years. In consideration for this change in the contract, the following adjustment will
be made on this one-time basis: Existing employees on September 17, 2018, with fewer than
(8) years’ experience, shall for vacation time calculation only, be deemed to have (8) years’
experience.

TRANSFERS FROM ANOTHER CITY BARGAINING UNIT OR OTHER CITY DEPARTMENT:

A. Full-Time Employees: If a full-time employee transfers from another City bargaining unit or other

B.

City Department, he/she shall be paid for all accrued vacation leave by the appropriate City
Department and shail not transfer any vacation accruals. The fulltime anniversary date of
continuous City employment shall be used to calculate a full-time employee's length of service for
accrual purposes.

Part-Time Employees:

1. Part-Time to Part-Time: If a part-time employee transfers from another City bargaining unit
or other City Department and remains a part-time employee, he/she shall be paid for all accrued
vacation leave by the appropriate City Department and shall not transfer any vacation accruals.
The part-time anniversary date of continuous City employment shail be used to calculate a
part-time employee's length of service for accrual purposes.

2. Part-Time to Full-Time: If a part-time employee transfers from another City bargaining unit or
other City Department and becomes a full-time employee, he/she shall be paid for all accrued
vacation leave by the appropriate City Department and shall not transfer any vacation accruals.
The full-time anniversary date of continuous City employment shall be used to calculate a full-
time employee's length of service for accrual purposes.

LOSS OF ACCRUED VACATION TIME:

A,

B.

Probationary Employees: If a probationary employee resigns, is laid-off, or is discharged any
time before completing his/her probationary period not exceeding one (1) year, he/she shall lose
all accrued vacation time.

Unpaid Leave of Absence: During an unpaid leave of absence, an employee does not earn any
vacation time.

Maximum Accrual: A vacation balance of not more than two times the annual accrual can be
earned by the member's “anniversary date.” On the “anniversary date,” should the vacation
balance be over the two times maximum accrual, the balance will be decreased to two times the
annual accrual. The employee will then be allowed to accrue vacation for that month and the
following months up to the “anniversary date.”

REQUESTING USE OF VACATION TIME:

A.

B.

Block Weeks: In written form, from up to one year and at least three (3) weeks prior to the date of
use (unless waived by the Chief of Police or designee), requests for the use of vacation shall be in
5-day blocks of an employee’s normal schedule. Less senior employees, as outlined under
Paragraph “D” below, shall check with senior personnel (if available) at least one week before
submitting vacation requests to their appropriate supervisor for approval. The senior personnel
have one week to notify the less senior employee that a conflict exists. The less senior employees
shall document this process on the request from, including not receiving a response back from the
senior employees within the one-week time frame if applicable.

Individual, Half-Day or Hourly Leave: Employees are allowed to use vacation in one- or half-day
or one hour increments of vacation leave at a time only upon approval of their Bureau Commander
or designee. In written form, employees are to request individual vacation days at least 3 days
prior to their use; however, Supervisors may waive this time restriction.

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D.

Responsibilities of Supervisors: Potential workloads, manpower requirements, or any possibility
of an emergency situation are considerations of a supervisor before approving usage, as well as
the circumstances explained in Paragraphs “D” and “E” below.

1. Block Weeks: Upon receipt of the vacation request, supervisors will respond as soon as
possible, but within two (2) weeks of receipt of the block week vacation request.

2. Individual Vacation Days: Due to the limited time frame of individual vacation days,
supervisors will respond to the vacation request prior to the date of the requested use.

Hierarchy to Resolve Conflicts: If a conflict arises in the use of vacation time among personnel
in the Bureau/Division, the Bureau Commander or designee will use the following hierarchy in order
to resolve it:

Supervisors (Sworn & Civilian — As it relates under Paragraph “E” below.)
Assistant Supervisors

Senior Full-Time Employees

Junior Full-Time Employees

Part-Time Employees

Number Allowed on Vacation at One Time/Availability of Police Officers: The number of
employees and police officers allowed on vacation within a Bureau or Division at one time shall be
determined by the Chief or designee based on the positions held. The approval of employees on
vacation within a Bureau or Division is normally not affected by the availability of police officers,
except when certain conditions exist. The below are examples, but the conditions are not limited
to the specific examples below.

1. Performing the Same Job: In the cases where employees perform the same duties as police
officers, and there is a minimum staffing requirement necessary to perform the essential duties
that could not otherwise be performed by others outside of the Bureau/Division, the employee's
vacation may or may not be approved if certain manpower conditions exist. An example is the
Police Attorneys (employees) and Police Prosecutors (police officers) who perform the same
prosecution duties in court. In this situation, minimum staffing requirements allow only two
prosecutors to be on a block week vacation at any one time in any combination, and up to three
which allows the approval of an individual vacation day under special circumstances as
authorized by the applicable authority.

Partial Vacation Leave — Family Medical Leave: Employees may use partial vacation days in
any increment for payment of time used for valid FMLA incidents.

Approval of Vacation Leave Beyond Two Consecutive Work Weeks: Except as approved by
the Chief of Police or designee, employees cannot take more than two (2) consecutive work weeks
of vacation at any one time.

Final Approval:

1. Verification by Financial Services Division: Before final approval by the employee's
supervisor, the accrual of the necessary vacation time needed must be verified by the
appropriate personnel in the Financial Services Division.

2. The appropriate form will be completed by the supervisor or employee, and forwarded to the
appropriate Financial Services Division personnel.

a. Completion of Probationary Period: Employees must complete six (6) months of

continuous service before taking any accrued vacation time unless otherwise designated
in this Article.

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b. Time Available Before Use: Employees will have the appropriate time accrued before
use of vacation time is approved. Under special circumstances, an employee may be
allowed to take vacation time if it has not yet been accrued if authorized by the Chief of
Police or designee.

3. After approval, the form will be sent back to the employee’s Bureau Commander or designee,
and the employee will be notified.

|. Changed/Canceled Approved Vacation: Once a vacation is approved and the dates are to be
changed or canceled by the employee, the employee must reapply. The employee must complete
the appropriate form canceling the vacation and the entire process began again.

J. Recall of Vacation: Any approved vacation is subject to recall by the Chief of Police or designee
due to workloads, manpower requirements, and any emergencies that arise.

1. Non-Exempt Employees: Non-exempt employees shall be paid time and half of their regular
rate of pay for a callback when on vacation and granted an equivalent amount off vacation time,
but no less than one day, which may be banked for future use.

2. Exempt Employees: Exempt employees do not receive overtime for a callback when on

vacation, but are granted an equivalent amount off vacation time, but no less than one day,
which may be banked for future use.

ARTICLE 14: HOLIDAYS

GENERAL POLICIES:

There are twelve (12) paid holidays per calendar year, plus Presidential Election Day, every fourth year.

A. Standard Holidays: The following are standard holidays:

NEW YEAR'S DAY INDEPENDENCE DAY THANKSGIVING DAY
CIVIL RIGHTS DAY LABOR DAY CHRISTMAS DAY
MEMORIAL DAY VETERANS' DAY

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:_lf.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 defined 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.

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FULL-TIME EMPLOYEES:

After completing the first thirty (30) calendar days of employment, full-time employees will receive a normal
day's pay at their regular straight time rate for the above holidays. The 30-day period is waived for new
employees who were previously employed full-time by the City for a period longer than 30 days and
transferred to the Department without any break in service.

PART-TIME EMPLOYEES:

After completing the first thirty (30) calendar days of employment, 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. The 30-day period is waived for new
employees who were previously employed full-time by the City for a period longer than 30 days and
transferred into the Department without any break in service.

ARTICLE 15: UNIFORMS & DRESS CODE

GENERAL POLICIES:

Itis 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. Requiremenis/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 nonaccepiable
attire.

Board of Aldermen Page 11
May 10, 2016

budget coming forward from the Department of Education is actually looking at possibly adding another
position to service those students because of the amount of travel that is required. My other concern and this
is to Alderman Lopez’s point, is that my understanding is that the state statute provides no more than 10% of
the market value to be taxed. That means we are losing 90% of the market value on these business
properties. We have had conversations about it being important to increase the business property tax revenue
to provide some relief to the citizens of this city. For those reasons | am not going to support this.

Alderman Siegel

Representative Gorman was discussing the amount of state aid which has nothing to do with how much money
we spend on our schools because most of the school money comes from local property taxes, in fact, it’s over
half of our budget. With regard to facilities and whether or not we will be losing a tremendous amount of tax
dollars, there are very few charter schools and the value of the property that they are sitting on even reduced
by 90% is not a significant amount of tax loss compared to the value of the choice and the lessening of the
strain on our existing school system. I’d also like to point out that one of the things that we don’t do for charter
schools is take tremendous amounts of bonding debt. How many bonds do we have outstanding which are
school bonds, a tremendous amount. We have to maintain our schools and that’s one of the things that we do.
We don’t have to do it with this. This is really about widening the amount of choices that people have for their
students to have an education. It’s very clear that the charter schools in and around the city do an excellent
job because of where they are ranked. We also give people an opportunity to have concentrations who have
excellence in certain areas. | certainly wish there was a charter school for the arts when my oldest daughter
was in school because she is graphic artist rignt now. She never had that opportunity; she was just thrown in
with the general population. | don’t see that this is a gigantic cost to the city at all and | see it’s a huge
incentive. Now with regard to whether or not the savings flows through to the landlord, every one of the charter
schools has a lease that is set up such that they pay the taxes separate from the landlord so this does go
directly to them and any on-going new charter schools that may or may not locate here would have this
provision in place and certainly one would guess that they would smart enough to negotiate in their lease that
they would pay the taxes. The sacrifice in actual revenue | don’t see as a big problem, the issue of whether or
not the money will be directed property | don’t see as an issue either. The upside of having these charter
schools is tremendous; it gives people choices and good ones.

Alderman Dowd

| don’t necessarily have a conflict with charter schools but a couple of things that | haven’t heard: | keep
hearing vague numbers about taxes, does anybody know approximately what tax revenue we lose? Another
point is as being the liaison to the Board of Education, as a courtesy, can we ask the Board of Education to
weigh in on this particular bill since they are struggling with their budget and may have a better feel for whether
we should adopt this? The other thing is that we are sort of making the assumption that if we pass then the
tuition per student for the charter school is going to go down. | haven’t heard anything that relates that that is
necessarily going to happen. The only thing that could happen is whoever owns the building is going to be
paying less taxes to the city. | might feel better about this if | knew that the actual school itself was paying the
taxes and we were taking the burden of the taxes away from the school and not the owner the building. | think
there are still some questions and I’m not quite resolved to support this yet.

Alderman Siegel

| don’t Know if Alderman Dowd heard what | said but none of the leases have the landlord responsible for the
taxes, that’s what we found out so all of the charter schools would benefit directly from this tax relief and that
tax relief is not a question of lessening tuition as much as it is providing for a better educational environment |
suppose. | think those questions have been addressed. As far as whether or not the Board of Education
could weigh in, | think the Board of Education has plenty to do with just managing our existing school system
and it would be hard for me to imagine the Board of Education saying sure, that’s great we definitely support
you helping charter schools. It would be unusual to expect that they would do that.

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 (HMO)

(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.

Should 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 io 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.

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 (HMO), 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).

ENROLLMENT: New employees who wish to enroll in a health insurance program must enroll in one within
the first thirty (80) 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 feast thirty (80) 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 available 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 employees 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 responsible 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.

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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-time 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.

e Employees Hired Prior to 9/16/03:

e €mployees 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 9/16/03:

e 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:

e 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). Ifa
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,

C.

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.

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

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.

C.

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

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.

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.

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