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2. The Saturday schedule for all Employees covered by this Section, and
the evening schedule will not be worked tf one member of a division is on sick
leave for the week; on bereavement leave; at a Department-approved school for
one week or more; injury duty; during a holiday week or armed forces/reserve duty
for one week or more; or personal leave for one week or more.

3. With prior approval of the Chief or the Chief’s designee, employees
covered by Article 14, A may be allowed to attend applicable job related training
while on duty without having to use their own leave time.

B. — Effective March 29, 2012, Fire Privates, Fire Lieutenants and Fire
Captains shall work an average forty-two (42) hours per week on an eight week
cycle. The following provisions shall apply:

1. For any piece of apparatus which is designated by the Fire
Commissioners as being in service for 24 hours per day:

a. Those personnel who are on duty as a result of the 24-hour
service period of that piece of fire apparatus shall work a schedule of one ten
(10) hour day shift, followed by one fourteen (14) hour night shift, followed
by forty-eight (48) hours off, followed by one ten (10) hour day shift,
followed by one fourteen (14) hour night shift, followed by ninety-six (96)
hours off. The cycle then repeats itself.

b. The ten-hour day shift shall commence at 0800 hours.

C. Personnel shall receive not less than fourteen (14) days’ notice
of any transfer of eight (8) weeks or longer. This provision may be waived
by agreement of the Union and Nashua Fire Rescue administration.

2. For any piece of apparatus which is designated by the Fire
Commissioners as being tn service for less than 24 hours per day, the schedule will
be discussed with the Union and will be no more than 12 hours per shift. The
positions involved will be manned in the following manner and sequence:

a. The schedule and a description of the positions as finally
determined by the Fire Commission will be posted for 30 days in order that
members of the bargaining unit may offer to fill the positions first on a full-
time permanent basis and then on a permanent overtime basis. Those who
are named to a permanent overtime assignment under this paragraph shall no

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longer be eligible for inclusion on the voluntary overtime list under Article
15.

b. If insufficient experienced and qualified employees volunteer
under (a) to fill the positions, then the remaining positions may be filled by
the department on an involuntary basis from persons inside the department
on a reverse seniority basis provided they are experienced and qualified, or
the department may hire outside personnel to fill the positions.

C. The choice of personnel under (a) above shall be done on the
basis of seniority provided the senior person(s) are qualified and
experienced. In the event an employee is chosen under (a) or (b) above to fill
a position, that employee shall, after six months in the position, be given the
opportunity to fill a permanent opening for which he/she is qualified on a
piece of apparatus which is in service for 24 hours per day on the basis of his
or her seniority relative to those who have applied for the opening.

C. Fire Dispatchers shall work an average of forty-two (42) hours per
week on an eight-week cycle of an equal amount of ten (10) hour day shifts and
fourteen (14) hour night shifts. These shifts will be worked in the following
pattern: one day shift, one night shift, twenty-four hours off, one day shift, one
night shift, seventy-two hours off. The pattern then repeats itself.

Article 15 - OVERTIME

A. When a Fire Officer or Fire Private 1s called back to work shift
coverage he/she shall be paid the regular straight time rate and shall not be entitled
to the overtime rate until that member has worked his/her regularly schedule work
week hours in the seven (7) day established cycle plus an additional five (5) hours
at the regular straight time rate if section F applies and four (4) hours if section F is
not applicable. (For example, a member assigned to work a thirty-eight (38) hour
work week would not receive overtime for shift coverage until that member had
worked forty-three (43) hours if section F 1s applicable and forty-two (42) hours if
section F is not applicable during that seven (7) day established cycle.) For the
purpose of determining whether a member is entitled to overtime during any seven
(7) day established cycle, hours not worked due to sickness, vacation or paid leave,
will not count towards the regularly scheduled work week hours.

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B. | Whena Fire Officer or Fire Private is held over beyond the end of the
regular work shift (day/night) he/she shall be paid time and one half for all hours
worked with a one hour minimum pay rule.

C. For Fire Officers and Fire Privates - in the event that an emergency
need for overtime work occurs, other than shift coverage and training classes, as
reasonably determined by the Chief, overtime in excess of regular scheduled hours
of duty shall be paid at time and one-half the basic rate, with a two (2) hour
minimum pay rule.

D. | When a specialist is kept beyond his/her regular tour of duty, he/she
shall be paid time and one-half the basic rate with a one (1) hour minimum pay
rule. In the event a specialist is called back to work after the specialist's duty shift
has been completed, the specialist shall be paid at time and one-half the basic rate
for the hours actually worked, with a two-hour (2) minimum pay rule.

E. _ Fire Dispatchers and Dispatch Supervisors shall be paid time and one-
half (1 1/2) the basic rate for all hours worked in excess of forty (40) hours per
weekly pay period. For the purpose of determining whether a member is entitled
to overtime during a weekly pay period, hours not worked due to sickness,
vacation or paid leave will not count towards the regularly scheduled work week
hours.

F. | An employee upon being notified to work overtime after working a
full duty shift when no emergency is involved will be given one (1) hour leave
with pay to attend to personal business. The one (1) hour leave will be given at
such time as to permit the purchase of food during supermarket store hours, prior
to the meal for which the food 1s to be used. The hour of leave will be given at a
time set at the discretion of the Chief or designee.

G. Ifanemployeeis notified to work shift coverage/overtime for both the
day and night shift on Thanksgiving Day or Christmas Day, he will be given three
(3) hours consecutively to attend to personal business. This time will include the
time allotted in paragraph F above.

H. The Union shall establish by platoon for Fire Officers and Fire
Privates two (2) overtime lists of those employees who hold permanent positions
defined under Article 12, Paragraph D, who wish to be offered the opportunity to
serve overtime on a voluntary basis. The first list for each category shall be for
day shift overtime opportunities and the second list shall be night shift overtime

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opportunities. Overtime shall be first offered to those employees whose names are
on the voluntary overtime list and who are qualified to serve the overtime in the
opinion of the Chief or designee. The offers shall be made on a rotating basis on
each of the appropriate lists, and employees who decline overtime when first
offered shall obtain a suitable replacement subject to the approval of the Chief or
designee. No employee shall be permitted to start a shift of shift coverage
overtime, if that employee has worked more than seventy-six (76) hours in that
payroll week, except under conditions in B above. Employees who are absent shall
lose their place in the rotation for the period that they are absent except when on
vacation, bereavement leave, while involved in paid department training, on
military leave of a month or less, or Union business. Union business will include
personal leave that is taken for that reason. Additionally, an employee, who is
scheduled on Union business and is unable to work his/her overtime because of tt,
will not lose their place in the rotation.

The Union shall keep current and post the voluntary overtime list every twelve
months providing that employees may be added or deleted as needed by reason of
transfer, new hires, promotions or like conditions. Upon being furnished the
voluntary overtime list prior to posting, the department will furnish the Union with
all employee telephone numbers unless an employee has refused permission for the
release of the number. In the event of refusal, the Union shall be so advised and
shall then be responsible for the obtaining of the telephone number. All employees
shall be given the opportunity to work overtime on a voluntary basis after they
have satisfactorily completed 120 days of employment in accordance with this
subsection F.

I. All employees agree to work overtime at the request of the Chief or
designee. Ifan employee is unable to work the assigned overtime, the employee to
whom the overtime is assigned will obtain a suitable replacement and will be
allowed to use City telephones to make such arrangements. All replacements are
subject to the approval of the Chief or designee.

J. Upon request, the City will make available the involuntary overtime
assignment list. All involuntary overtime shall be rotated on an equitable basis.
The rotation list for involuntary overtime shall be kept current, posted and reposted
by the City after every transfer.

K. Positions required by Article 12, Paragraph D, shall be designated as

permanent positions. If one of these positions is vacant as a result of sickness,
injury, vacation, or bereavement leave or leave provided for under paragraph 7B,

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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 opmion 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/trainig 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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Board of Aldermen Page 11
December 13, 2016

President McCarthy

There are amendments in there to the way the appointments of the alternates. The legislation as submitted
had the change to the vice chairmanship in there and as | said prior to the legislation there was no vice chair
named in the ordinance and that was one of the issues that it had.

Alderwoman Melizzi-Golja

| believe at the first meeting | chaired in July we had a discussion about, as we had talked about this with
Director Marchant and Director Cummings and we talked about strategic planning relating to budgeting . At
that meeting Alderman Dowd was elected vice chair of the committee.

Alderman Cookson

| recall having the discussion and electing Alderman Dowd as vice chair for this particular setting but | believe
that’s the way it should be conducted for all strategic planning. | don’t believe that we should designate a
particular individual or chairman of a particular committee to be chair or vice chair of a particular committee. |

think it should be up to the Board, whoever is present in that body to make a decision who they want to lead
and co-lead.

President McCarthy

That would be inconsistent with every other committee, they are either defined by ordinance or they are named
by the president when the committee is appointed.

Alderman Cookson
| appreciate that but that’s my two cents.
Alderman Deane
They are named by the president but they are approved by the Board, right?
President McCarthy
Yes.
MOTION CARRIED
Ordinance O-16-017 declared duly adopted as amended.
O-16-019
Endorser: Mayor Jim Donchess
INCREASING SEWER USE FEES RATES AND CHARGES

Given its second reading;

MOTION BY ALDERMAN CLEMONS TO AMEND O-16-019 IN ITS ENTIRETY BY REPLACING IT WITH
THE GOLDEN ROD COPY PROVIDED WITH THE AGENDA

ON THE QUESTION
Alderman Clemons

The change is moving the effective date from July 1* to January 1°.

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Shareholder Approval of Borrowings Required. Under Article [IX of Pennichuck’s Articles of
Incorporation, the City, acting in its capacity as Pennichuck’s sole shareholder, must approve:

“(3) any action to (A) create, incur or assume any indebtedness for borrowed
money or guarantee any such indebtedness of any person, (B) issue or sell
any debt securities or warrants or other rights to acquire any debt securities
of the [Pennichuck] Corporation or any of its Subsidiaries, or (C) guarantee
any debt securities of any person.”

Proposed Borrowing from CoBank, ACB.

PEU is a New Hampshire public utility corporation providing retail water service to
approximately 7,300 customers in the New Hampshire towns of Atkinson, Barnstead, Bow,
Chester, Conway, Derry, Exeter, Hooksett, Lee, Litchfield, Londonderry, Middleton, Pelham,
Plaistow, Raymond, Sandown, Tilton, Weare and Windham. PEU is wholly-owned by
Pennichuck which, in turn, is wholly-owned by the City.

PEU has entered into a Master Loan Agreement with CoBank dated as of February 9, 2010 (the
“Master Loan Agreement”), which provides the framework for CoBank to make loans to PEU from
time to time. A copy of the Master Loan Agreement is attached to this letter as Attachment A.

PEU requests the City’s approval for PEU to enter into a term loan with CoBank in an amount up
to $2,200,000 with an amortization period of up to 25 years, with an interest rate to be determined
based on market conditions (currently estimated at approximately 4.75% per annum). A copy of
the term sheet for the term loan with CoBank is attached to this letter as Attachment B.

The CoBank loan will be secured by (i) a security interest in PEU’s equity interest in CoBank
(consisting of PEU’s $69,780 earned equity investment in CoBank from patronage dividends
received since 2010, and PEU’s right to receive future patronage dividends), and (ii) the
unconditional guarantee of PEU’s obligations to CoBank by Pennichuck pursuant to the
Guarantee of Payment (Continuing) dated as of February 9, 2010 between Pennichuck and
CoBank (the “Guaranty Agreement’), a copy of which is attached to this letter as Attachment C.

The proceeds from the CoBank loan will be used to (1) refinance and repay approximately

$1.1 million of intercompany debt owed to Pennichuck by PEU, which was used to fund capital
improvements to the PEU water system infrastructure during 2015, which were not funded by
State of New Hampshire Drinking Water Revolving Loan Fund (SRF) debt, and (2) provide
financing for approximately $1.1 million of PEU’s 2016 capital expenditures and improvements.

The Lender — CoBank, ACB

CoBank is a government sponsored enterprise (“GSE”) owned by its customers, who consist of
agricultural cooperatives, rural energy, communications and water companies and other

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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