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1. At the start of every new year, the sick leave accrual balance will be brought back to the
employee’s maximum accrual amount as outlined under this Article. Beginning in January of
every year, employees will be able to again accrue sick days as outlined in this Article over and
above their cap during the applicable calendar year, and the process will begin again.

2. Said accrued sick leave days over the specified cap shall at no time be allowed to carry into
the ensuing calendar year.

D. Abuse of Sick Leave — First Offense: Fulltime employees, who abuse sick leave, shall forfeit
80 hours (for 40-hour-a-week employees), 75 hours (for 37 1/2 hour-a-week employees), or 70
hours (for 35-hour-a-week employees) of accrued sick leave for a first offense. (If the entire 80,
75, or 70 hours as specified previously cannot be deducted from the accumulated total due to the
accrual amount, the negative balance will be carried over until the entire 80, 75, or 70 hours can
be deducted.) Part-time employees, who abuse sick leave, shall forfeit accrued sick leave for a
first offense prorated based on full-time forfeitures contained within this paragraph.

E. Abuse of Sick Leave — Second Offense: For the second offense, full-time employees shall forfeit
96 hours (for 40-hour-a-week employees), or 90 hours (for 37 1/2-hour-a-week employees), or 84
hours (for 35-hour-a-week employees) of accrued sick leave. (If the entire 96, 90, or 84 hours as
specified previously cannot be deducted from the accumulated total due to the accrual amount, the
negative balance will be carried over until the entire 96, 90, or 84 hours can be deducted.) Part-
time employees, who abuse sick leave, shall forfeit accrued sick leave for a second offense
prorated based on full-time forfeitures contained within this paragraph.

SICK LEAVE BANK:

All non-probationary full-time and part-time employees covered under this Agreement shall maintain and
contribute to a Sick Leave Bank on a voluntary basis from their unused sick leave accrual balance
(Appendix C ~ “Sick Bank Transfer Form”). A Sick Leave Bank Committee appointed by the Union shall
establish the rules, standards, and procedures of the Sick Leave Bank.

Said rules, standards, and procedures shall be provided to and approved by the Chief of Police before
implementation and operation of the sick Leave Bank by the Union. Once the rules, standards, and
procedures have been approved, the Sick Leave Bank usage shall not be subject to the grievance
procedure.

Employees shall hold harmless the Commission, the Department, and the City for any decisions made by
the Sick Leave Bank Committee once installed

ARTICLE 18: BEREAVEMENT LEAVE

Definitions: For the purposes of this Article:

A. The term "bereavement leave" means “a leave of absence granted to an employee upon a
death occurring in the employee's Immediate Family."

B. The Chief's "designee" is the Deputy Chief of Operations or the Bureau Commander. In
the absence of the Deputy Chief of Operations or the Bureau Commander, the Chief's
designee may be the Divisional Supervisor.

on “Domestic Partner" is defined in Article 3:

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1. Who had a Jong-ierm intimate relationship with an employee,
2. Who was living in the same household as the employee at the time of death, and

3. With whom the employee had an intent to remain in a long-term relationship.

Purpose of Bereavement Leave: The purpose of Bereavement Leave is to give the necessary time to
employees to handle personal affairs or to attend a funeral due a death in the immediate family. An
employee has consecutive days available to him; and, depending upon the relationship, may elect to take
one day, two days, the three days, or four days for each occurrence. An employee should not automatically
take the maximum bereavement days available as listed in the table below for each incident. An employee
also has other leave available if the time period needs to be extended. The employee should work with his
supervisor for the time needed.

Bereavement Leave Policies:
Beginning the day after the notification of the death, per occurrence, an employee shall be permitted the
following bereavement days:

One (1) Day Leave (from Sick time) In the event of the death of an uncle, aunt, niece,
or nephew of the employee

Three (3) Days Bereavement Leave In the event of the death of an immediate family
member as defined below

Four (4) Days Bereavement Leave In the event of a parent, step-parent, spouse,
child, or step-child.

Immediate Family Defined: The immediate family includes the employee's spouse / domestic partner and
the following relatives of the employee or the employee's spouse / domestic partner:

Children, Step Children Brother, Step Brother Sister, Step Sister
Parents, Step Parents Grandparents, Grandchildren,
Step Grandparents Step Grandchildren
Daughter-in-law, Son-in-law Ward/Relative living in the
home

If for reasons which would require out-of-state travel to the funeral services or due to the actual date of the
funeral services, the Chief of Police or designee may allow a delay in the commencement of the their
consecutive bereavement leave days. At the discretion of the Chief of Police or Deputy Chief of Operations,
the consecutive days may be broken up between the initial notification and the actual day of the funeral
services,

Disputes: Disputes concerning Bereavement Leave shall be subject to the Grievance Procedure through
STEP 4 (Chief's level), at which point, the decision shall be final and binding upon the parties.

ARTICLE 19: LEAVES OF ABSENCE

MILITARY LEAVES OF ABSENCE:

An employee who voluntarily or involuntarily enters into the Armed Forces is entitled to a leave of absence
for the anticipated length of enlistment. The employee upon discharge is entitled to reinstatement to his or
her previous position or a position of like status. Employees called to serve in the National Guard or Armed
Forces Reserve are entitled to seventeen (17) days of paid leave of absence per Federal fiscal year
(October 1*! through September 30! The employee will be required to submit verification of leave orders
as evidence of the amount of pay received. Reservists called into active duty will be eligible for benefits in
accordance to the Mayoral Memo dated October 5, 2001. A decision was made to treat all reservists
equally, and any reservist called into active duty will be eligible for the following benefits:

A. First Month’s Wages: The City will pay 100 % of the employee's first month’s salary to ensure
that family members not endure any financial hardship during this initial phase.

B. Compensation Guidelines: The City will pay the difference of whatever military compensation is
paid to each reservist, provided it does not exceed 100% of one’s monthly employment
compensation, during all succeeding months up to five years that the employee may be on active
duty.

C. Health & Dental Insurance Premiums: The City and the employee will continue to pay their
respective share of health and dental insurance premiums associated with their respective plans
up to five years, if requested.

o

Seniority Rights: The employee will maintain seniority rights up to a maximum of five years.

E, NH Retirement System: The City and the employee will continue to pay their respective share to
the employee’s retirement plan.

F. Accrual of Vacation Leave: Employees may accrue vacation leave for the first six months of
active duty.

G. Reporting Back to Work/Discharges: Employees will be required to report back to work in
accordance with USERRA: Section 4312 (e). Anyone discharged under the provisions of USERRA:
Section 4304 will be disqualified from receiving all the above stated benefits.

H. Re-Employment Benefits: Employees will be entitled to re-employment benefits in accordance
with the provisions of USERRA: Section 4312 and 4313.

LEAVES OF ABSENCE (NON-FAMILY MEDICAL LEAVE REASONS):

A. Requests for Paid or Unpaid Leaves: With prior approval and at the sole discretion of the Chief
of Police, an employee will submit to the Chief of Police through the chain of command a written
request for a leave of absence for personal illness prior to the initial date of leave indicating the
reason for the leave of absence and the duration of the leave. An employee may request to use
available vacation and/or personal time.

B. Benefits: Employees on an unpaid leave of absence will not accrue benefit leave (vacation/sick).

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C.

D.

Leave Periods: Employees with one (1) or more years of continuous service may be granted a
leave up to one year. An employee with less than one year may be granted a leave up to thirty
(30) days.

Health, Dental & Life Insurances: The City will continue to pay its share of health and dental
insurances for an employee who is on an approved leave of absence. The City will continue to pay
its share of health and dental insurances up to six (6) months for an employee who is on an
approved unpaid leave of absence.

1. Health & Dental Insurances: The City will continue to pay its share of health and dental
insurances for an employee who is on an approved paid leave of absence. The City will
continue to pay its share of health and dental insurance up to six (6) months for an employee
who is on an approved unpaid leave of absence.

2. Life Insurance: The City will continue to pay its share of life insurances up to six (6) months
for an employee who is on an approved paid or unpaid leave of absence.

FAMILY MEDICAL LEAVE ACT (FMLA):

An employee, who is employed for at least twelve (12) months or has worked at least 1,250 hours during
the prior twelve (12) month period, is eligible to take up to twelve (12) weeks leave of absence over a twelve
(12) month period of time. FMLA leave is granted for the serious illness of the employee, spouse, the care
of a minor child, the placement of a foster/adoptive child, the birth of a child, personal illness or the care of
a parent, child or disabled child, who has a serious health condition. (Cite the General Order in the
Department's Rules & Regulations Manual for additional language.)

TEMPORARY/REGULAR REPLACEMENT:

A.

Length of Unpaid Leave: Unless otherwise designated by law, if the Department's operations are
affected due to the length of an unpaid leave of absence for personal illness and a medical authority
cannot determine when the employee is able to work, it shall be the Chiefs of Police discretion to
hire a temporary or regular replacement.

Recovery: If an employee is able to recover from the disability during the limitation period of the
long-term disability benefit and the Commission is satisfied with the recovery, he/she will have
preference over applicants outside the City to apply for any position within the City that he/she is
qualified for.

Termination: |f the employee cannot recover during the limitation period as described above, the
employee shall be terminated.

ARTICLE 20: PERSONAL DAYS

GENERAL POLICIES:

A.

For the purpose of this Article the words “personal day" means a normal workday, when an
employee is excused from active duty for personal reasons.

The receipt and use of personal days will be on a calendar year basis.

Employees on payroll effective January 1 or hired before July 15 are entitled to three (3) personal
days per year (not deducted from accrued sick leave). In addition, employees are entitled to two
(2) additional personal days; however, said days shall be deducted from the employee’s accrued

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sick leave. lf there is no accrued sick time available, the employee may elect to take an accrued
vacation day. lf there is no accrued vacation time available, the employee is not eligible for a
personal day.

In the first year of employment, employees hired after July 15' are entitled to two (2) personal days
(not deducted from sick) and one (1) personal day (deducted from sick) and those hired on between
October 15 and December 31°' are entitled to one (1) personal day (not deducted from sick).

E. Personal days cannot be carried over from one calendar year to another.

APPROVAL OF PERSONAL LEAVE:

Personal Leave must be approved by your supervisor not more than fifteen (15) days, nor less than five (5)
days prior, to the date of such personal day, except in an emergency. A supervisor may waive the notice
period for requesting personal leave. lf approved, the appropriate form will be completed by the supervisor
or employee. The form will be forwarded to the Department's Financial Services Division. Except in cases
of emergency, the form will be approved/disapproved (pending the availability of personal days), and the
employee will be notified by the Bureau Commander or designee of its approval or disapproval.

PROVISIONS:

A.

C.

D.

A personal day's approval is subject to potential workloads, manpower requirements, and any
possibility of an emergency situation as determined by the Chief of Police or designee.

Once a personal day is approved and the date is to be changed or canceled by the employee, the
employee must reapply.

The approved personal day is subject to recall by the Chief or designee due to potential workloads,
manpower requirements, and any emergencies that may arise.

Personal days shall not be taken more than two at a time unless approved by the Chief of Police
or designee.

DISPUTES:

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

ARTICLE 21; EMERGENCY LEAVE & PERSONAL TIME

EMERGENCY LEAVE

GENERAL PROCEDURES:

A. Designation of Leave: Emergency Leave is designated as an unforeseen situation that arises that

C.

is not considered as any other type of leave contained within this bargaining agreement such as
sick leave, family medical leave, etc.

Definition: For the purpose of this Article, the words “emergency leave" means time when an

employee is excused from active duty for emergency reasons.

Deduction from Sick Leave: Said time is deducted from the employee's accumulated sick leave.

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D. When Sick Leave is Not Available: If no sick leave is available, the employee is not eligible to
receive an emergency leave day, unless the employee opts to take an available accrued vacation
day.

E. Part-Time Employees: Only upon the discretion of the Chief of Police (or a Deputy Chief in the
Chief's absence) will a part-time employee be allowed to take a day off for emergency leave without
pay.

APPROVAL OF LEAVE:

With prior approval and at the discretion of the Chief of Police or his designee, Emergency Leave may be
granted to employees. The appropriate form will be completed by the supervisor or employee. The form
will be forwarded to the Financial Services Division for deduction purposes.

EXTENSIONS OF EMERGENCY LEAVE:

An employee may be granted an extension beyond 8-hours of emergency leave up to two (2) weeks at the
sole discretion of the Chief of Police. Any requests for extensions shall be in writing on the appropriate
form and shall set forth in detail the reasons therefor.

DISPUTES:

Disputes concerning emergency leave shall not be subject to the Grievance Procedure,

PERSONAL TIME

DEFINITION:

‘Personal time’ is detined as a special situation that arises that is not considered as any other type of leave
contained within this bargaining agreement such as a Personal Day, Family Medical Leave, etc.

FULL-TIME NON-EXEMPT EMPLOYEES:

At any one time the minimum time allowed will be (80) minutes, and the maximum time allowed is two (2)
hours. Such time shall not exceed (16) hours in any calendar year, and shall be deducted from the
employee's accumulated sick leave. If no sick leave is available, the employee is not eligible to receive
Personal Time.

REGULAR PART-TIME EMPLOYEES:

At any one time the minimum time allowed will be thirty (30) minutes, and the maximum time allowed is two
(2) hours. Such time shall not exceed four (4) hours in a calendar year and shal! be deducted from the
employee’s accumulated sick leave. If no sick leave is available, the employee is not eligible to receive
Personal Time.

REQUESTING PERSONAL TIME:

in writing on the appropriate Department form, employees will be allowed to formally request Personal Time
off during their workday. On the form, the employee is required to specify the reason(s) for the Personal
Time.

Board of Aldermen Page 12
May 10, 2016

Alderman Clemons

In committee | was on the fence about this legislation. | ended up voting for it; to recommend final passage but
| have real reservations about charter schools in general. | think that they syphon money off of the district for
the benefit of the few and then the rest of the population that is left behind has fewer resources to invest in the
school. One of the things that | have been thinking about this is if we do create this tax incentive, does that
mean that Nashua then becomes a place where people want to set up future charter schools because they
have the tax advantage. To me, | don’t want to see us become a magnet for charter schools which | think are
a drain to public education. For those reasons, | am not going to support this legislation.

Alderman Wilshire

l’ve been supportive of charter schools, however, | feel if the parents want to make that choice and put their
kids in charter school then there should be a cost to them for that. The person that owns the building pays the
taxes but that doesn’t mean that they don’t pass that cost along in another way. | think taking anything away
from our public schools is just not right. At this time | can’t support this legislation.

Alderman Lopez

| think Alderman Siegel said a couple of times that the landlords wouldn’t take the tax revenue and that it would
go to the schools, that doesn’t clarify whether or not it would lower tuition; it sounded more like it might go
towards administrative or facility improvements which again, that kind of does go back to the landlord
depending. | think Alderman Clemons made a good point about the possibility of us opening an all you can eat
buffet for charter schools and while | like the balance that Nashua has right now | wouldn’t want to see us
become a market place for education in that particular way. Alderwoman Melizzi-Golja made a good point
about our school district paying for the special needs of our Nashua residents that are attending charter
schools in other cities. Do we actually know if all of our three charter schools are exclusively for Nashua and if
not, is that something that we could attach to this? Like if you want to qualify for this program then you need to
serve 80% of your students from Nashua.

Alderman LeBrun

| do not know the percentage. | do know that the percentage is greater than 50%.

Alderman Lopez

Attorney Bolton, can we actually make that amendment?

Attorney Bolton

My opinion is that this is a take it or leave it proposition. The enabling legislation from the state says you can
do it or you don’t have to do it but imposing conditions upon it is not an option granted to the city.

Alderman O’Brien

| Know that we as a city have compassion. We have reduced taxation in the example of elderly exemptions.
However, when we have that exemption we have a whole host of rules that seems to go hand and hand. |
don’t see any rules here, | see an idea but it’s open ended. | also don’t see a sunset clause so this will be a
drain on the tax dollars in perpetual. We just received the budget and | see looking over the shoulder of the
Board of Education and | see the custodians possibly losing their livelihood and | hear the Mayor tonight saying
that there are questions about feeding children with the lunch program. With these things dangling out there
and this is one of the worst budgets that | have seen; to make an exemption in taxes, that’s almost as grieves
as going over the spending cap. | don’t think this is the time in this economic climate to reduce any taxation for
anybody.

APPROVAL OF PERSONAL TIME:

With prior approval and at the discretion of the Chief of Police or his designee, Personal Time may be
granted to employees. The form will be forwarded to the Department’s Financial Services Bureau for
deduction purposes.

DISPUTES:

Disputes concerning Personal Time shall not be subject to the Grievance Procedure.

ARTICLE 22: WAGES

WAGE HIRING / PROMOTIONAL RANGES:

A.

B.

C.

Wage Hiring / Promotional Ranges: The grade and status as exempt or non-exempt employees
is set forth in this article. Schedule A. The Hiring / Promotional range for each employee by grade
and position range is set forth in this Article. Schedule B.

Newly Hired, Promoted, or Transferred Employees: Newly hired, promoted, or transferred
employees shall start at an appropriate wage within the Hiring / Promotional range set forth in
Schedule B based upon labor grade assignment, pertinent years of experience that can be directly
related to the new position’s duties, as well as the wages of other Department employees in the
same labor grade. Management reserves the right to determine the number of years of directly
related experience based on the information supplied by the employee and verified by
Management. Management reserves the right to exceed the Hiring / Promotional range set forth in
Schedule B should it determine, in its discretion, that an individual's qualifications and level of
experience warrant such a departure.

Pay Increase Eligibility: Only employees who are active employees on or after the date of signing
of this collective bargaining agreement are eligible to receive pay increases.

PAY INCREMENT INCREASES:

A.

New Hires: The salary for new hires will remain in effect until such time as the individuals are
eligible for pay increases. There will be no adjustment to the salary after the probationary period.

4. In the event that an employee has not completed a satisfactory evaluation during the current
fiscal year, the supervisor may, at his or her discretion, extend the employee's evaluation period
for a period not to exceed three (3) months. After the completion of that period, the supervisor
will conduct an evaluation to determine if the employee has completed the goals for which he
or she is being evaluated. If the employee then receives a satisfactory evaluation, he or she
will be eligible to receive the pay increase effective on the date of the reevaluation.

Contract Pay Increases ~ Refer to Schedule B - UFPO Hiring / Promotional Range:
Fiscal Year 2019 (7/1/18 — 6/30/19): 2.25%
Fiscal Year 2020 (7/1/19 — 6/30/20): 3.0%
Fiscal Year 2021 (7/1/20 — 6/30/21): 3.0%
Fiscal Year 2022 (7/1/21 — 6/30/22): 3.0%
Fiscal Year 2023 (7/1/22 — 6/30/23): 3.0%

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PROMOTIONS:

The Chief of Police may at his/her discretion set the compensation for the selected employee at a higher
amount than is set forth in Schedule 8 based upon the employee’s new grade assignment (if any), years
of relevant experience and employee's current wage level. The probation period is six (6) months unless
otherwise specified in this Agreement.

DEMOTIONS:

Demotions may be voluntary or by administrative directive. Compensation shall be determined by
crediting the employee with the number of years spent at the higher grade and the new grade assignment
(if any), and considering the wages of other Department employees in the same labor grade.

CROSS-TRAINING, CAREER DEVELOPMENT PROGRAM, SCHOOLS, & TEMPORARY
ASSIGNMENTS:

A. Cross-Training/Temporary Assignments: An employee may be transferred to assume the
duties and responsibilities of a position classified higher or lower than his/her current position due
to cross-training, the department's Career Development Program, or to temporary assignmenis to
provide coverage due to vacations, illness, leaves of absence, vacancies, etc., as determined by
the Chief of Police or designee.

B. Permanent Assignments: An employee may be assigned to assume the duties and
responsibilities of a position in addition to his/her own due to lay-offs or reorganization, and this
article does not apply to this situation. This situation shall follow the reclassification system if
applicable.

C. Temporary Assignments Beyond 120 Days:

1. Under normal conditions, the cross-training or temporary assignment will not exceed 120
continuous days unless otherwise authorized by the Chief of Police.

2. Higher Labor Grade: If the cross-training/temporary assignment continues beyond the 120
continuous days and the employee continues to work in a higher classified position, he/she will
be paid a wage difference equal to not less than five percent (5%) of his/her annual
compensation (prorated).

D. Schoo! Aitendance: Employees on a 5 & 2 System may be assigned to attend special schooling

away from the workplace during hours not normally worked by the employee. Employees ona5 &
2 System shall receive not less than their regular rate of pay during such attendance.

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SCHEDULE A

JOB TITLES
Job Title Labor Grade Exempt / Non-Exempt
Status

Domestic Violence Victim Advocate 1 : Non-Exempt
Administrative Supervisor 11 Exempt
Assistant Fleet Maintenance Supervisor 11 Non-Exempt
Business Coordinator 12 Exempt
Building Maintenance Supervisor 12 Non-Exempt
Assistant Records Manager 12 Exempt

IT Programs Administrator & Instructor 13 Exempt
Fleet Maintenance Supervisor 14 Non-Exempt
Co-Emergency Manager/Community Policing 15 Exempt
Coordinator

It Network Administrator 15 Exempt
Communications System Engineer/Technician 15 Non-Exempt
Records & Communications Manager 16 Exempt
Police Attorney / Full-Time 16 Exempt
Police Attorney / Part-Time 16 Exempt

It Manager / Software Specialist 17 Exempt
Radio Systems Manager / Part-Time 17 Exempt

3!