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PREUNNARY DRA - POR DISCUBRION PURPOSES Or6, Y
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O-20-036
ORDINANCE
ESTABLISHING PERFORMING ARTS CENTER BOARD OF TRUSTEES
CITY OF NASHUA
in the Year Two Thousand and Twenty
The City of Nashua ordains that Part I “Administrative Legislation”, Chapter 5
“Administration of Government”, Article XIII “Generally”, of the Nashua Revised Ordinances,
as amended, be hereby further amended by adding the following section as follows:
Ҥ 3-59.1. Performing Arts Center Board of Trustees.
A. A Board of Trustees for the Performing Arts Center is hereby established. The Board
shall have full control of the City’s use of the Performing Arts Center at 201 Main Street,
Nashua, subject to any operating or other agreement entered into by the City prior to the
formation of the Board of Trustees, which is to be used as, but not limited to, a performing arts
venue, a community building, and a space for any other appropriate use approved by the Board
of Trustees.
B. The Performing Arts Center Board of Trustees shall consist of nine members, the
majority of whom are either residents of Nashua or employed in Nashua. The Mayor of Nashua
or the Mayor's designated representative shall be a member of the Board of Trustees, and the
Mayor of Nashua shall appoint the remaining members of the Board of Trustees, subject to
confirmation by the Board of Aldermen. The initial Board of Trustees, except the Mayor or the
Mayor's designated representative, shall hold office according to the following timetable: one to
hold office for one year; one to hold office for two years; two to hold office for three years; two
to hold office for four years; and two to hold office for five years, After the initial Board of
Trustees terms have expired the term of office for each Trustee shall be five years. Vacancies
will be filled by the Mayor and confirmed by the Board of Aldermen. The Board of Trustees
shall meet at least annually on the first Monday in February. Five members shall constitute a
quorum for the exercise of power and performance of duties. The Trustees shall receive no
compensation for their services.
C. The Performing Arts Center Board of Trustees shall manage the property and all business
affairs of the Performing Arts Center including but not limited to overseeing expenditures. The
Board of Trustees may employ such personnel as it deems necessary to operate and maintain the
Performing Arts Center. The Board of Trustees may also apply and accept for the benefit of the
Performing Arts Center grants, gifts, devises and bequests, as may be made to it or to the City for
the purpose of increasing or improving the Performing Arts Center. The Board of Trustees is also
O-20-036
authorized to take and hold any grant, gift, bequest or devise of property upon trust, real
properties excluded, to apply the principal or the income thereof in any manner it sees fit in
accordance with its best judgment and which will promote the purpose for which the Performing
Arts Center is established.
D. The Performing Arts Center Board of Trustees shall make and execute all such rules and
regulations for its government, the preservation of property under its charge and the use and
management thereof, as it may from time to time deem necessary or expedient.
E. The Performing Arts Center Board of Trustees shall present an annual report to the
Mayor and Board of Aldermen including but not limited to a listing of all receipts and
expenditures, a statement of any unexpended balance of money it may have, and of grants, gifts,
bequests or devises it may have received and is holding on behalf of the City. Any disposal of
real estate shall be governed by the Mayor and Board of Aldermen.”
All ordinances or parts of ordinances inconsistent herewith are hereby repealed.
This ordinance shall become effective on December 15, 2020.
ORDINANCE:
PURPOSE:
ENDORSERS:
COMMITTEE
ASSIGNMENT:
FISCAL NOTE:
LEGISLATIVE YEAR 2020
O-20-036
Establishing Performing Arts Center Board of Trustees
Mayor Jim Donchess
Special Board of Aldermen meeting on November 24, 2020
None
ANALYSIS
This legislation establishes a Board of Trustees for the Performing Arts Center at 201 Main
Street, Nashua.
Approved as to form:
Office of Corporation Counsel
Date: Novewloer YQ ‘ QO aA
that absence will constitute a temporary opening due to absence. The Department
will cover temporary openings due to absence in accordance with the provisions of
Paragraphs L through M below. Additional employees above those required to fill
permanent positions defined in Article 12, Paragraph D shall not be used to cover
temporary openings due to absence, and the absence of such employees for any
reason, will create a temporary opening under this Article.
L. | Whena temporary opening occurs in the Permanent Fire Officer ranks
due to absence, a Permanent Fire Officer shall be used to cover the opening. In the
event the Department uses an employee to cover any opening created by the use of
the latter Permanent Fire Officer, that opening shall be offered to a Permanent Fire
Officer on the voluntary overtime list under Paragraph F above. When any
additional opening occurs in the Permanent Fire Officer ranks, that opening may be
offered to an Acting Fire Officer or a Permanent Fire Officer on the voluntary
overtime list under Paragraph F above. In the event no Fire Officer on the list
under Paragraph F above fills a temporary opening created by a Permanent Fire
Officer absence, any Permanent or Acting Officer may be required to work
overtime. Any Permanent or Acting Officer required to work overtime may, at the
employee's option, allow a Permanent Fire Officer or Acting Fire Officer to work
the overtime, provided that the Permanent Fire Officer or Acting Fire Officer is
qualified in the opinion of the Chief or designee. All coverage of openings under
this paragraph shall be paid in accordance with Article 15, Paragraph A. The above
should not be construed as to prohibit the Officer in Charge from assigning the
replacement Fire Officers to work specific work areas.
M. Whena temporary opening occurs in the Permanent Fire Private ranks
due to absence, the following shall apply:
1. All temporary openings due to absence shall be offered to
Permanent Fire Privates on the voluntary overtime list under Paragraph E
above to be paid in accordance with Article 15, Paragraph A.
2. If an overtime opportunity to fill a temporary opening is not
filled by a Permanent Fire Private whose name is on the overtime list under
Paragraph E, any Fire Private may be required to cover the opening shall be
paid in accordance with Article 15, Paragraph A. Any Fire Private required
to work overtime may, at the employee's option, allow another Fire Private
to work the overtime provided that Fire Private is qualified in the opinion of
the Chief or designee. The above should not be construed as to prohibit the
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Officer in Charge from assigning the replacement Fire Privates to work
specific work areas.
N. — Notwithstanding the provisions of Paragraphs A through L above, in
the event the Commission takes one or more pieces of apparatus out of service by
reason of operational requirements, and there are either temporary or permanent
reductions in staffing because of that Commission action, those employees affected
by the temporary or permanent reductions shall be assigned to fill permanent
vacancies for which they are qualified, and the first opportunity to cover temporary
vacancies for which they are qualified on a straight time basis before the temporary
vacancy coverage 1s made on an overtime basis. The Department will give the
Union notice in accordance with Article 12, Paragraph D, prior to taking one or
more pieces of apparatus out of service, except for normal maintenance and
repairs.
O. Inthe event that an employee is injured or becomes ill while working
overtime and is not able to return to work, the injured or ill employee shall receive
all benefits provided in Article 22 (Paid Sick and Injury Leave). In the event that
an employee is replacing another employee or is working regular overtime, and
becomes ill from a non-work-related cause, he/she will be paid for the hours of
overtime hired and the hours not worked shall be deducted from his/her sick leave.
P. Certain Overtime Callback Procedures.
1. Emergency Overtime — In the event that an emergency need (multiple
alarm, etc.) for overtime work occurs, Fire Alarm will notify those members
who live out of the immediate area last, the immediate area is defined in
Article 37, Section B. Members after being notified of the emergency shall
respond to the emergency within one hour of being notified or the member
will be considered as not having reported for duty and, therefore, no
compensation will be due. However, ifsuch a member is assigned duties by
the Chief or designee upon his/her late arrival, the member will be
compensated commencing at the time such duties are assigned.
2. Voluntary Overtime
a. Those members on the overtime list who live out of the Nashua
area would be called.
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b. Each member, after being notified that s/he has overtime and at
which station, shall fill the vacancy within one hour of being notified.
C. If the person contacted is unable to fill the vacancy within the
hour s/he shall make arrangements so that the vacancy shall be filled
within the hour.
d. In order to provide for the most efficient replacement of
personnel in the event of a vacancy, the Department and Union may
agree to a modified method for notifying personnel on the voluntary
overtime list.
3. Detail Overtime List
The Fire Department shall establish a rotating list in order to provide for the
equal distribution of assignments within this detail classification. Qualified
members who agree to work the detail will be paid one and one half times their
regular rate of pay with a (2) two-hour minimum pay rule.
Detail lists will be comprised of members who volunteer to be on the lists
and shall rotate with senior members placed at the top of the list. Detail lists will
not be used to cover vacation or sick leave vacancies, unless agree to by the
Department and Union. Detail lists will be posted each January for a period of
fifteen (15) days to allow members to join or exit the list.
Work that is specific to a division or classification and requires specific
traming or certification:
This detail work opportunity will be offered to individuals in the division or
classification. If it is determined by agreement of the Department and Union that a
genuine need for additional, trained, members to fill temporary vacancies or detail
work opportunities exists, then, a list of prerequisites/training a member needs to
attain in order to be placed on a covering detail list will be agreed upon by the
Department and Union. Detail or overtime opportunities may then be offered to
members on this Specifically Trained Detail List, with due regard to seniority, only
after all members in the division or classification that normally cover the
opportunity are given the chance to fill the need for all members are unable to
work due to too many hours already worked in the pay week. In the event that a
detail or temporary vacancy exists and must be filled and all members of the detail
list are not interested, the responsibility to fill this need will always be relayed to
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the normal covering division or classification regardless of hours work, (examples
of work that will be pertinent to this paragraph will include, but not be limited to:
dispatcher coverage during hardship periods, certified instructor work, inspections,
line work, mechanic work).
4. Admunistrative Overtime
Members who are requested to attend administrative or committee meetings
outside of their normal scheduled work hours shall be compensated one and one-
half (1 1/2) times their hourly rate with a one hour minimum. No physical labor ts
to be performed by attendees on administrative overtime. Work details or activities
requiring labor by any attendee are not considered admmistrative overtime.
Article 16 — SENIORITY
A. — Seniority shall be determined to be the period of uninterrupted
employment with the Nashua Fire Department and Nashua Fire Rescue since the
last date of employment. The City shall establish a seniority list, and it shall be
brought up to date each year during the month of November and posted on all fire
station bulletin boards for a period of not less than thirty (30) days, and a copy
mailed to the Secretary of the Union. Any objection to the seniority list as posted
shall be reported within thirty (30) days of the end of the posting period by the
individual employee. Seniority will commence from the first day of employment
on a full-time basis as a probationary employee. Corrections to the seniority list
brought to the City's attention after the thirty (30) day period will be corrected, but
would not negate any benefits already awarded based on seniority.
B. — In the event of more than one employee being hired simultaneously,
after July 1, 1989, the order of seniority will be determined by the dates that the
Department received the application from the employee. If date of hire and the date
the application is received are the same, employee seniority will be determined
alphabetically by last name.
C. All newly hired employees shall serve a probationary period of nine
(9) months or complete Career Fire Fighter certification, whichever comes later,
and shall have no rights based on seniority during this period. They shall, however,
insofar as applicable, be subject to all other clauses in this Agreement with the
exception of the use of the grievance procedure for termination or discipline
reasons. All employees who have completed said nine (9) months of service or
Career Fire Fighter certification, whichever comes later, shall be known as
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Board of Aldermen Page 4
March 8, 2016
NOMINATIONS, APPOINTMENTS AND ELECTIONS — None
REPORTS OF COMMITTEE
Committee on Infrastructure .........c. ccc ccccccecccecececececececececeravereverevereeeraees 02/24/16
There being no objection, President McCarthy declared the report of the February 24, 2016
Committee on Infrastructure accepted and placed on file.
Human Affairs Committee Site Visits .....00.... ce cecceecceeceeeeeeeeeaeeeaeeeaes 02/29/16
There being no objection, President McCarthy declared the report of the February 29, 2016
Human Affairs Committee Site Visits accepted and placed on file.
Planning & Economic Development Committee ............... eee 03/01/16
There being no objection, President McCarthy declared the report of the March 1, 2016
Planning & Economic Development Committee accepted and placed on file.
Finance COMMIttee 2.0.0... ee ccecccecccececececeeeceeceeeeeseaeseaeeeaeseaereaeeeaeenaes 03/02/16
There being no objection, President McCarthy declared the report of the March 2, 2016
Finance Committee accepted and placed on file.
There being no objection, President McCarthy suspended the rules as to allow for the oral report of the
Personnel/Administrative Affairs Committee meeting held last evening regarding the appointment of Steven
A. Bolton to the Office of City Solicitor and the appointment of Bobbie Bagley to the Officer of Director of
Public Health
Alderman Clemons gave an oral report regarding the Personnel/Administrative Affairs Committee
recommendation on the above-referenced Appointments by the Mayor.
Alderman Cookson
Is there no substance to the report?
President McCarthy
You have just heard it.
Alderman Cookson
That’s unfortunate; thank you, Mr. President.
There being no objection, President McCarthy accepted and placed on file the oral report as presented.
WRITTEN REPORTS FROM LIAISONS - None
permanent employees and the probationary period shall be credited as part of the
employee's seniority. The City agrees to provide training for certification as Career
Fire Fighter at its expense in accordance with State law. In the event the employee
is absent by reason of illness or injury, the Department may, at its discretion,
extend the probationary period by the amount of time absent over seven (7) duty
shifts during that nine (9) month probationary period, up to three (3) additional
months.
D. — In addition to the bargaining unit seniority list, Nashua Fire Rescue
shall establish a time in rank seniority list for each division. Time in rank in any
division shall commence on the first day at work in that division and end when the
employee leaves the division for any reason.
Article 17 - PERSONNEL REDUCTIONS AND RECALL
A. — Inthe case of a reduction of personnel within the bargaining unit, the
employee with the least seniority shall be laid off first. In the event an employee
must be involuntary demoted as a result of a reduction of personnel, such demotion
shall be accomplished in accordance with the time in ranks seniority list for the
division and the employee with the least seniority shall be demoted first.
B. The names of employees laid off from the bargaming unit will be
maintained on a recall list for two years from the date of layoff and such
employees will be offered recall in the order of greatest seniority tf vacancies occur
in their job classifications. If a laid off employee is notified by telephone or by a
letter sent to his/her last known address on the records of the Fire Department to
return to work, he/she must notify the Department within two (2) days of his/her
intentions to comply or accept and must report to work within ten (10) days of such
notification or he/she shall cease to have any rights based on seniority and shall be
terminated. Recalled employees who return to work will be credited with prior
length of service, provided such employee has not withdrawn his/her contributions
from the State Retirement System.
C. If a driver's job 1s totally eliminated or 1s not covered on a 24-hour
basis, any driver affected shall be given the opportunity to fill another full-time
driver's job of his or her choice on the basis of seniority, unless he or she is shown
not to be qualified. In the event of reassignment, the driver shall be obligated to
complete only the remaining portion of his/her driver probationary period not
completed at the time of reassignment.
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