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Board of Aldermen Page 6
March 8, 2016

President McCarthy declared Steven A. Bolton duly appointed to the Office of City Solicitor for an indefinite
term at the pleasure of the Mayor.

Oath of Office administered by City Clerk Patricia D. Piecuch.
Director of Public Health

MOTION BY ALDERMAN CLEMONS TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF BOBBIE
BAGLEY, 17 BUNKER HILL DRIVE, LONDONDERRY, TO THE OFFICE OF DIRECTOR OF PUBLIC
HEALTH FOR AN INDEFINITE TERM AT THE PLEASURE OF THE MAYOR

A Viva Voce Roll Call was taken, which resulted as follows:

Yea: Alderman Wilshire, Alderman Clemons, Alderman Cookson, 14
Alderman Dowd, Alderman Caron, Alderman Siegel,
Alderman Schoneman, Alderwoman Melizzi-Golja, Alderman McGuinness,
Alderman LeBrun, Alderman Moriarty, Alderman O’Brien,
Alderman Lopez, Alderman McCarthy

Nay: Alderman Deane 1

MOTION CARRIED

President McCarthy declared Bobbie Bagley duly appointed to the Office of Director of Public Health for an
indefinite term at the pleasure of the Mayor.

Oath of Office administered by Corporation Counsel.
UNFINISHED BUSINESS — RESOLUTIONS

MOTION BY ALDERMAN CLEMONS THAT THE RULES BE SO FAR SUSPENDED AS TO ALLOW
FOR A MOTION TO RECONSIDER R-16-007 BY A PERSON NOT ON THE PREVAILING SIDE

A Viva Voce Roll Call was taken, which resulted as follows:

Yea: Alderman Wilshire, Alderman Clemons, Alderman Dowd, 8
Alderman Caron, Alderwoman Melizzi-Golja, Alderman O’Brien,
Alderman Lopez, Alderman McCarthy

Nay: Alderman Deane, Alderman Cookson, Alderman Siegel,
Alderman Schoneman, Alderman McGuinness, Alderman LeBrun,
Alderman Moriarty 7
MOTION CARRIED
MOTION BY ALDERMAN CLEMONS TO RECONSIDER R-16-007
ON THE QUESTION

Alderman Deane

| would appreciate being called on when my hand goes up. At the last meeting you didn’t call upon me
until after the vote was taken.

J. Whenever an employee retires, he/she shall receive his/her accrued
sick leave pay up to a maximum of seven hundred twenty (720) hours in a lump
sum at the rate of pay in effect at the date of retirement.

Kk. | Any member of the bargaining unit may contribute eight (8) hours of
his/her sick leave to a sick leave bank by July 31 of each contract year.
Contributing members may apply for withdrawal from the sick leave bank upon
depletion of accumulated sick leave for reasons of prolonged or continuing illness
or incapacitating accident. The total amount of accumulations in the bank as of
July 1, 1983, is agreed to be 7910 hours. Henceforth, the total number of
accumulated hours in the bank shall not exceed 58 hours times the number of
eligible members in the bargaining unit. Withdrawals from the bank shall be
charged against the total number of hours in the bank on the basis of the number of
actual hours the employee is absent during scheduled duty hours. The operation of
the bank and withdrawals therefrom shall be carried out by a committee of two (2)
members of the bargaining unit, and one (1) administrator selected by the Chief.
The committee shall establish its rules and regulations and shall require
documentation from a physician supporting the request for sick leave bank
withdrawals. The committee shall furnish written records of deposits, withdrawals
and documentation to the Chief and to the City Human Resource Department.
Records of deposits shall be furnished no later than August 30th of each year. In all
cases, the decisions rendered by the committee shall be final and binding,
provided, however, that specific provisions of this Paragraph K cannot be
superseded by any rules or regulations of the sick leave bank committee. All
decisions of the committee shall be in accordance with its rules and regulations.
The provisions of this Article shall govern all sick leave bank entitlements.
Notwithstanding any provision of this Paragraph K to the contrary, after using up
all his own sick leave accrual and vacation (according to Sick Leave Bank Rules),
accrual no employee shall be able to withdraw more than eighteen months of sick
leave from the sick leave bank for any one sickness or injury without the prior
approval of the Fire Commissioners, to whom the employee may appeal.
Additional contributions of eight (8) hours of a member’s sick leave may be made
by members in the event that the total accumulated hours in the sick leave bank fall
below four hundred twenty (420) hours

L. A program of light duty work shall be made available within the Fire
Department for Fire Department personnel who have sustained a work related
disabling injury. Light duty assignments shall conform to New Hampshire law.
Any variation to the work schedule set forth in Article 14 for such light duty work
shall be mutually agreed upon by the Union and the Chief of the Department,

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consistent with the physician’s work restrictions. An injured employee who is
judged to have a light work capacity by his/her treating physician may be given a
light duty assignment consistent with Fire Department functions, the employee’s
physical capabilities and any limitations imposed by the treating physician. The
Department may promulgate policies and procedures from time to time in order to
update and improve this program. Light duty assignments shall be temporary, and
will be calculated to facilitate the employee’s recovery and resumption of his/her
normal duties. Participants shall receive the difference between their Worker’s
Compensation benefits and any wages received, and their regular full pay while
serving in this light duty capacity.

M. An incentive shall be paid for the non-use and accumulation of sick
leave. It shall be administered as follows:

1. Any individual employed for an entire calendar year who uses no sick
time during that calendar year shall receive sixty percent (60%) of one
week's pay. Any such employee who uses less than twenty-four (24) hours
of sick leave shall receive thirty percent (30%) of one week's pay. Any such
employee who uses less than forty-two (42) hours of sick leave shall receive
$100.00. Payments to be made hereunder shall be made in the January next
succeeding the calendar year in question.

2. The first payment for this plan shall be made in January, 1995, based
on sick leave accruals for the calendar year 1994.

3. All computations referred to in this Paragraph M shall be performed
by the Fire Department based upon its records.

4. This benefit shall cease for any calendar year in the event that total
department sick leave use exceeds eleven thousand five hundred (11,500)
hours in that year. In the event that total department sick leave use 1s less
than eight thousand (8,000) hours in any year, the benefit described in
Paragraph M.1 above shall increase as follows:

No sick time used in the calendar year - seventy-five percent (75%) of one
week's pay;

Fifteen (15) hours or less of sick leave used in the calendar year - sixty
percent (60%) of one week's pay;

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Thirty hours or less of sick leave used in the calendar year - fifty percent
(50%) of one week's pay;

Forty-eight (48) hours or less of sick leave used in the calendar year - forty
percent (40%) of one week's pay.

In computing total departmental sick time use for purposes of determining
whether the enhanced benefits in this subparagraph will be paid in the calendar
year in question, all departmental sick time used will be included, except that the
consecutive hours used by an individual employee on account of a single injury or
illness which exceed 420 consecutive hours for that injury or illness will not be
included. The 420 hour maximum shall be included tn the computation.

N _ Bargaining Unit employees shall be granted a maximum of two (2)
shifts for personal leave per year, provided that on January 1 of each year the
employee has a balance of six hundred (600) or more hours of accrued sick leave.
Bargaining Unit employees shall be granted a maximum of one (1) shift for
personal leave per year, provided that on January 1 of each year the employee has
a balance of three hundred (300) or more hours of accrued sick leave. Personal
leave shall be deducted from the employee’s sick leave. Personal leave shall not
carry forward from year to year. Members wishing to use personal leave in this
section must notify the deputy chief or Division Supervisor by 7 a.m. on the day
the leave is to be used. This leave cannot be scheduled on days excluded under
Article 21 H.2.

O. —Bargaming Unit employees shall be granted two (2) shifts for Training
Leave per year, provided that on January 1 of each year the employee has a balance
of six hundred (600) or more hours of accrued sick leave. Bargaining Unit
employees shall be granted one (1) shift for Traming Leave per year, provided that
on January 1 of each year the employee has a balance of three hundred (300) or
more hours of accrued sick leave. Training Leave shall be deducted from the
employee’s sick leave. Traming Leave shall not carry forward from year to year
and must be used to attend fire Service related trammg approved by the Chief or
designee. Members wishing to use training Leave in this section must notify the
Deputy Chief or division supervisor seven (7) days in advance of the requested
leave date. This leave cannot be scheduled on days excluded under Article 21 H.2.

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Article 23 - BEREAVEMENT LEAVE

A. — Four (4) duty shifts (not to exceed forty-eight (48) hours) paid leave at
the employee's regular straight time rate will be granted for absence from
scheduled work necessitated by death in the immediate family. For purposes of this
section, immediate family shall mean employee's spouse, children, step-children,
brother, sister, and parents and step-parents of employee or spouse. By definition,
child includes the loss of the fetus, after the second trimester of the pregnancy.

B. Two(2) duty shifts (not to exceed twenty-four (24) hours) paid leave
at employee's regular straight time rate will be granted for absence from scheduled
work necessitated by death in the extended family. For purposes of this section,
extended family shall mean employee's grandparents, daughter-in-law, son- in-law,
brother-in-law, sister-in-law, stepbrother, stepsisters, niece, nephew, spouses'
grandparents, and employee’s or employee’s spouse’s blood related uncle or aunt.

C. Paid leave as provided in sections A and B above can only be taken
contiguous to the death and/or at the time of the funeral/memorial service.

D. In the event that the provisions of C above occur during an
employee’s vacation, the employee shall be able to take the appropriate number of
duty shifts allotted in A. or B. of this Article 23 immediately following his/her
return to work following vacation or have them recredited to his/her vacation
accrual.

Article 24 - PERSONAL LEAVE

A. | Employees may take personal leave for such purposes as job-related
education, illness or death in the immediate family, as defined in Article 23, and
such other personal business as cannot be performed during off duty hours, subject
to the requirements of Paragraphs B and C below.

B. No leave shall be permitted under Paragraph A above in the event that
by taking that leave, the employee will miss trammg which 1s not scheduled to be
repeated within the fiscal year during which the leave 1s sought. No more than two
shifts under Paragraph A above may be taken consecutively, except for leave
required to attend out-of-town fire service education. However, four (4)
consecutive shifts may be taken once per calendar year. Additional consecutive
shifts may be authorized at the discretion of the Chief or his/her designee.

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C. Forty-eight hours notice, except in emergencies, is required to be
given to the Chief or designee for leave to be taken under Paragraph A above.
Those taking the leave will provide a substitute who 1s qualified in the opinion of
the Chief or designee.

D. The Deputy Chief in charge of the platoon, or designee, may grant
emergency leave with pay to any subordinate employee who requires such leave
for urgent reasons. Such emergency leave shall not exceed one hour in any duty
shift.

E. — Specialist employees who wish to take personal leave under this
Article 24 and who are unable to obtain a qualified substitute under Paragraph C
above, may be allowed by the Chief or designee to take personal leave days as
provided under Paragraph A above, provided the time absent is made up within the
two weeks next following the date the leave is taken.

F. —_ The training requirements under Paragraph B above will be waived if
the employee has previously met the standards for the training scheduled during
the requested leave period.

Article 24A - EXTENDED LEAVES OF ABSENCE

A. | An employee may apply for an unpaid extended leave of absence for
the following purposes: to care for a sick or injured member of the employee’s
immediate family as defined in Article 23, Paragraph A; to participate in an
educational opportunity of the employee related to Nashua Fire Rescue operations;
due to the relocation of a spouse, or other similar circumstances as determined by
the Board of Fire Commissioners.

B. — Applications for leaves of absence shall be approved or disapproved
by the Board of Fire Commissioners. The Board of Fire Commissioners will not
approve applications for leave of absence for the purpose of allowing or permitting
an employee to obtain and/or engage in employment with another employer or for
purposes of self-employment. Applications for leaves of absence will not be
granted when granting such leaves will negatively impact the Nashua Fire Rescue
operations. The Board of Fire Commissioners may consider the cost to the Nashua
Fire Rescue of granting such leave.

C. During an unpaid leave of absence, the Board shall continue to pay his
portion of health, dental and life insurance premiums for up to ninety (90) days per

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granted request. Employees who are on such leave shall continue to pay their
portion of the premiums during that period and thereafter shall pay 100% of the
cost to continue coverage.

D. Leaves of absence shall not exceed ninety (90) days for any single
request. Employees may submit consecutive or non-consecutive requests for leaves
of absence not to exceed the ninety (90) day cap for any single request.

Article 25 - LONGEVITY BONUS PAY

A. — Regular full-time employees who have been employed by the City for
seven Or more years, on an uninterrupted basis except by reason of lay-off or
approved leave of absence, will recetve a longevity payment during the last pay
period in November, for the current calendar year, based on their length of service
as of November 22nd, as follows:

7 to 9 years of service -------------------------------- $200.00
10 to 16 years of service ------------------ one week’s base pay
17+ years of service --------- one and one half week's base pay

B. — Longevity bonus pay to regular part-time employees who work 25 or
more hours per week and who have seven or more years of service as in A above,
shall be determined by the average number of weekly hours worked during the
preceding year in proportion to the weekly hours of regular full-ttme employees.

C. An employee eligible to receive longevity pay, who voluntarily
terminates his/her employment or is dismissed for just cause prior to November 22
of any year, shall forfeit his/her right to entitlement to all or any portion of
longevity pay to which he/she would otherwise be entitled.

D. | Employees hired after July 1, 2005 shall not be eligible for Longevity
Bonus.

Article 26 - CLOTHING ALLOWANCE

A. The City will give an initial issue to each new employee of three sets
of work clothing (pants, shirts and jackets).

B. For eachyear of this agreement, employees who have completed their
probationary period will be authorized the following amounts to be used to

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purchase and maintain authorized work clothing or other authorized uniforms, as
set forth in this Article 26. The authorized work clothing and uniforms for the
purpose of this paragraph will include: NFPA compliant station wear, or work
clothing as set forth by the Board of Fire Commission. Class A uniform and
necessary accessories (hat, badges, necktie, black shoes as example shoes, boots
approved exercise apparel, and any other related approved items).

Each Fiscal Year: $650.00 per member

Starting July 1, 2021, each fiscal year: $700.00 per member

Payment of the clothing allowance shall be paid to the eligible employees by
payroll check during the month of July of each year. If the employee prefers,
he/she may purchase the articles of clothing authorized pursuant to this agreement
at their own expense and present the receipts to the designee of the department
within thirty (30) days of the purchase for rembursement through the warrant
process. This selection must be made before the beginning of the fiscal year in
July. If the reimbursement method is selected and the employee does not use the
entire clothing allowance, the balance shall be paid through the payroll system at
the end of the fiscal year in question during the month of June. Employees are
solely responsible for complying with any and all requirements of any taxing
authority and bear all lability for any taxes, federal, state, or local, occasioned by
the manner of payment of the clothing allowance set forth in this Article.

C. Each employee will maintain in good condition his/her own uniforms
and must replace any lost, worn or damaged uniforms at the employee's expense.
Uniforms will be worn by employees only during working hours. He or she shall
be additionally responsible for obtaining and possessing adequate quantities of
required uniforms as well as insuring that uniforms purchased and worn meet
Nashua Fire Department approved standards.

D. The City will furnish each employee with approved protective
clothing and any special protective clothing and equipment as required in the
opinion of the Chief or his/her designee to safely perform their duties. The exact
specifications for the equipment will be discussed with the safety committee and
must comply with limits set by the budget.

E. | Uponseparation from employment, all property issued by the City to

any employee who so separates, must be returned by the separated employee to the
Chief or his designee(s) at the Fire Department's Administrative Offices.

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F. |The Department agrees to pay the cost of a cleaning contract for the
cleaning of the mechanics work clothing. The quantity of clothing to be cleaned
shall not exceed four sets per week for each of the three employees (12 sets). The
total cost of this cleaning contract shall not exceed $40 per week.

G. — Employees of the Fire Marshall's office and Fire Alarm personnel (40
hour employees) shall wear approved short and long sleeve dress shirts and need
not wear flame retardant clothing except at the fireground (coveralls). These
employees may wear civilian dress clothing in appropriate circumstances. (Le.,
court appearances).

Article 27 - LODGING

The City will install in each fire station one washing machine and one clothes
dryer for use by the Department employees to wash bedding, and the uniforms and
other clothing worn by the individual employee.

Article 28 - MILITARY DUTY PAY

A. An employee called to serve not more than a seventeen (17) day
annual training tour of duty with the National Guard or Armed Forces Reserves
will be paid the difference between his pay for such government service and the
amount of straight time earnings lost by him by reason of such service, based on
the employee's regular straight time rate and schedule. Such payments are to be
made following the showing of satisfactory evidence of the amount of pay received
for such service.

B. _ For reservists called into active duty:

1. The City will pay 100% of the employee’s first month salary to ensure
that family members not endure any financial hardship during this iitial
phase.

2. The City will pay the difference of whatever military compensation ts
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.

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3. The City and the employee will continue to pay their respective share
of health insurance and dental insurance premiums associated with their
respective plans up to five years, if requested.

4. The employee will maintain seniority rights up to a maximum of five
years.
5. The City and the employee will continue to pay their respective share

to the employee’s retirement plan.

6. The employee will continue to accumulate all vacation and sick time
on a monthly basis as set forth by the CBA.

Article 29 - JURY DUTY PAY

A. | An employee called as a juror will be paid the difference between the
fee he receives for such service and the amount of straight time earnings lost by
him by reason of such service. Satisfactory evidence must be submitted to the
employee's immediate supervisor. Payment for meals and/or mileage shall not be
considered as part of the fee for purposes of this agreement.

B. — Ifan off-duty employee is subpoenaed to testify in court on behalf of
the Department, shall be paid as hours worked at the rate per Article 15, Section C
or Section D. The employee will be paid mileage in accordance with Article 33.
Witness fees and mileage paid to the employee in furtherance of the subpoena shall
be paid over to the City. The employee will accept the court witness fee which
shall be turned over to the Department in order to recetve Department pay.

Article 30 - PENSION AND RETIREMENT

Employees shall be covered by the "New Hampshire Permanent Fireman's
Retirement System" or the New Hampshire Retirement System and any
amendments thereto, and the City shall make such contributory payments as may
be required to provide such coverage for each employee.

Article 31 - EDUCATIONAL ASSISTANCE
A. In order to encourage and develop the highest level of job

performance among the employees of the bargaining unit, the City agrees to
provide each station with the following IFSTA manuals: forcible entry, ground

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