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wage not to exceed $3000 over the probationary salary based on the actual or pertinent
experience and/or training. Management may start a new employee who possesses a significant
amount of actual or pertinent experience and/or training at a wage not to exceed $6000 with prior
approval of the Communications Union.

Employees who have been previously employed within the Communications Division of the
Nashua Police Department and are rehired into Communications, can be placed at the same

salary as a current employee with the same or less years of experience in that position, based on
the years they were previously assigned.

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Wage Increases:

Only personnel currently employed by the Department shall be entitled to any retroactive payments due under the terms of this Article.

Year 1 FY2020 2% increase with some employees receiving a 2.5% increase with retroactive pay. Cite attached Restructuring pay-
scale chart for details.

Year 2 FY2021 Restructuring pay-scale

Year 3 FY202 1% increase with some employees receiving a 2.25% increase. Cite attached Restructuring pay-scale chart for
details.

Year 4 FY2023 2% increase for all employees 2% increase for starting salaries

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**Cite attached restructuring chart for all wage increase information.

Position CURRENT %lIncr FY2020 FY2021 % Incr FY2022 % Incr FY2023
SALARY

DISPATCH ; ; - - ; - ; -
Probation $ 37.264 2.00% $ 38,009 $ 49.000 1.00% $ 49490 2.00% $ 50,480
Probation $ 37,264 2.00% $ 38,009 $ 48,000 1.00% $ 48480 2.00% $ 49,450
Probation $ 37.264 2.00% $ 38,009 $ 49.000 1.00% $ 49490 2.00% $ 50,480
Probation $ 37.264 2.00% $ 38,009 $ 49.000 1.00% $ 49490 2.00% $ 50,480
: $ 44,553 2.00% $ 42384 $ 52.000 1.00% $ 52520 2.00% $ 53.570
: $ 43,232 2.00% $ 44.097 $ 53.040 1.00% $ 53.570 2.00% $ 54641
: $ 54.551 2.50% $ 55915 $ 59842 2.25% $ 61,188 2.00% $ 62,412
: $ 59.071 2.50% $ 60548 $ 64,787 2.25% $ 66.245 2.00% $ 67,570
Vacant Probation : ; $ 48.000 1.00% $ 49.490 2.00% $ 50.480
Probation $ 32.295 2.00% $ 32,941 $ 38,000 1.00% $ 39390 2.00% $ 40178
Probation $ 32.295 2.00% $ 32,941 $ 38,000 1.00% $ 39390 2.00% $ 40178
: $ 32.295 2.00% $ 32941 $ 39,000 1.00% $ 39390 2.00% $ 40,178
: $ 37,468 2.00% $ 38217 $ 42500 1.00% $ 42925 2.00% $ 43.784
: $ 38,982 2.00% $ 39,762 $ 45,000 1.00% $ 45450 2.00% $ 46,359
: $ 39.761 2.00% $ 40556 $ 45.000 1.00% $ 45450 2.00% $ 46,359
: $ 40.557 2.00% $ 41,368 $ 45,000 1.00% $ 45450 2.00% $ 46,359
: $ 44.334 2.50% $ 45442 $ 48366 2.25% $ 49454 2.00% $ 50,443
: $ 50.428 2.50% $ 51,689 $ 55,007 2.25% $ 56.244 2.00% $ 57,369
: $ 51,431 2.50% $ 52.717 $ 56.075 2.25% $ 57.337 2.00% $ 58,483
: $ 53.497 2.50% $ 54834 $ 58324 2.25% $ 59.636 2.00% $ 60,829
Vacant Probation : ; $ 38,000 1.00% $ 39390 2.00% $ 40178

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ARTICLE 24 - WORK SCHEDULES

Schedules/Assignments:
Daily and weekly work schedules and shift assignments shall be based on the operating requirements and

budgetary allotments of the Department and are subject to change at any time. The following work schedule is
currently in effect:

4 & 2 Schedule: Four-Days On, Two Days Off, with assigned day off groups. The 4 & 2 Schedule has
employees working 32- and 40-hour workweeks.

The Department shall have the exclusive right to make the necessary changes and shall make every attempt to
notify affected employees in advance whenever possible. An individual employee's work schedule shall be
determined by the Chief of Police or designee. Employees shall report to work promptly at starting time and
devote their entire efforts to Department business during scheduled working hours.

The workweek shall consist of seven consecutive days, beginning Sunday through Saturday. Essential personnel
are assigned to report at specific times during a particular shift on a 24-hour period.

Attendance:

The effectiveness and efficiency of the Communications Division of the Nashua Police Department require that
employees report promptly for duty. Unapproved or unexcused absences or tardiness is unacceptable and will
result in appropriate disciplinary action.

Essential Personnel:

Essential personnel may be called in to provide coverage due to emergencies on their normal days off or to work
additional shifts. If ordered to do so, essential personnel shall report to work and shall receive overtime (time and
one-half rate) as outlined in the Article #25, "Overtime."

The Chief of Police or designee may change the above work schedules at any time.

ARTICLE 25 - OVERTIME

Employees on either a 5 & 2 Work Schedule or a 4 & 2 Work Schedule shall be paid the same annual wage as
outlined under Article 23 - "Wages & Titles."

Non-exempt, full-time employees (averaging 37 1/2 hours a week or more) will receive time and one-half their
regular rate of pay for all time worked beyond eight (8) hours in any day. All approved day off categories will be
considered “Time Worked” for the purpose of calculating overtime.

Overtime will be submitted during the week it was worked or no more than one (1) pay week (Sunday through
Saturday), after the date worked.

Called in from Home: If a non-exempt employee gets called in from home to work, he shall receive at least a 3-
hour minimum in overtime pay. If the 3-hour minimum overlaps with regular duty time, additional pay shall be only
for hours worked in excess of the regular duty schedule.

Seasonal Time Adjustments: In the Fall, when clocks are turned back one hour at 2:00 AM employees on that
shift shall be paid for actual hours worked (i.e. 8 hours regular, 1 hour overtime). In the Spring, when clocks are
advanced one hour at 2:00 AM employees on that shift shall be paid for a full shift (i.e., 8 hours regular).

Court Appearances/Depositions: For all job-related court appearances or depositions which employees are
required to attend, employees shall receive a minimum of three (8) hours pay at one and one-half time their
regular rate of pay, provided that if the 3-hour minimum overlaps with a scheduled tour of duty, overtime will be
paid only for those hours in court or at the deposition in excess of their scheduled tour of duty.

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ARTICLE 25A — LONGEVITY

For purposes of this article, the full-time, continuous cate of hire with the City of Nashua will be used for
computing length of service.

Beginning on July 1, 2017, full-time regular employees who have been employed by the Nashua Police
Department for five or more years on an uninterrupted basis (except by reason of layoff or an approved leave of
absence), are eligible for a longevity payment on a normal payday nearest their anniversary date of hire with the
department. Part-time employees (work 34 hours or less a week), are not eligible for longevity payments.

5th through 9th anniversaries $ 300.00
10th through 14th anniversaries $ 500.00
15th through 19th anniversaries $ 700.00
20th anniversary and thereafter $ 1,000.00

An employee is not eligible for this benefit if the following conditions apply:

1. If the employee is in layoff status;

2. If the employee is not currently employed by the Nashua Police Department;
3. If the employee is on long term disability;

4. If the employee is on an unpaid leave of absence.

Longevity payments received by employees shall be added to their total annual wages for computation of
overtime rates and paid in accordance with the Fair Labor Standards Act.

lf employees retire, longevity payments will be pro-rated by month based _on the actual length of
service. Employees must work at least 15 calendar days in any month to receive credit for that month.

ARTICLE 26 - LUNCH TIME & COFFEE BREAKS
Lunch Periods:
Employees will be given a twenty-minute lunch break (with pay). Employees may be called back from lunch
breaks due to emergencies. The Services Bureau Commander or designee will allow an additional lunch break to

be taken if conditions allow this to occur.

Breaks: Employees may be allowed up to two (2) 15-minute breaks if conditions allow.

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One break may be taken in the work periods before and one after the lunch break period as the
work schedule allows; however, at no time will a 15-minute break be directly added to the lunch
break period in order to increase the lunch break period.

All employees may be called back from a break due to emergencies.

The Services Bureau Commander or designee will allow an additional break to be taken if
conditions allow.

The availability of breaks will not change an employee's normal workday schedule.

ARTICLE 27 - COMPENSATORY TIME (TIME COMING)

Compensatory time is allowed for non-exempt full-time employees only under the following conditions:

A.

Compensatory time is computed at an hour and a half (1 12 hours) for every hour of straight time
worked over 40 hours in a week. Employees will make out a Department Overtime form and
mark their intention to have the time converted to time coming. Said form shall be submitted to
the appropriate Bureau Commander for approval. Each Bureau will hold the slips and make the
necessary additions and subtractions as necessary to maintain a current total to the maximum
amount as specified below.

Employees may convert overtime worked, but no less than one (1) hour of overtime at a time, into
a maximum amount of 24 time coming hours in any quarter of a fiscal year. Any overtime slips
submitted for accrual purposes which bring the accrued amount beyond the 24 hours will be
submitted for overtime payment.

Time coming hours may not be carried over from one year to the next. All accrued time coming
hours from the previous year shall be submitted for overtine payment. Employees shall not have
more than 24 hours accrued at any time.

Time coming may not be used to extend a block vacation week or be added to any other time off,
i.e., personal day, unless a request for such use is approved by the employee’s supervisor at
least seven (7) days prior to the scheduled block vacation or other time off. The decision of the
supervisor shall be final and not subject to the grievance procedures. A maximum of eight (8)
hours of time coming shall be used to extend a block vacation week or be added to other time off.

Requests for use of time coming shall be subject to the needs of the department including
potential workloads and/or manpower requirements. The decision of the supervisor shall be final
and not subject to the grievance procedure.

When employees utilize compensatory time:

* The employee will complete the appropriate Department form when utilizing any
compensatory time (time coming). The same procedures will be followed as used to approve
vacations and other time off. Vacation days and personal days will take precedence over
time coming.

e The time will be deducted from the employee's time coming accrual and from the actual
overtime forms. Once an overtime slip's conversion to time coming has been used
completely, the slip will be marked as so and may be kept for record purposes.

If an employee leaves employment for any reason, any accrued time will be converted back to
overtime hours and will be submitted for payment.

ARTICLE 28 - WORKER'S COMPENSATION

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Employees shall be covered by the provisions of the New Hampshire Worker's Compensation Act, as may be
amended from time to time, and by related City policies. The cost of this coverage shall be paid entirely by the
City.

Temporary Replacement: During the time an employee is disabled from performing the duties of his position
due to an on-duty injury, the Department reserves the right to temporarily fill the position as needed up to an 18-
month period from the date of the injury.

Reinstatement_of Employee Sustaining Compensable Injuries (RSA 281-A:25-a): Employees who have
sustained an on-duty injury shall be reinstated by the employer to the employee's former position of employment
upon request for such reinstatement, if the position exists and is available and the employee is not disabled from
performing the duties of such position, with reasonable accommodations for the employee's limitations. If the
former position has been eliminated, the employee shall be reinstated in any other existing position which is
vacant and suitable with reasonable accommodations for the employee's limitations. A certificate by the
employee's attending physician that the physician approves the employee's return to the employee's regular
employment with reasonable accommodations for the employee's limitations, shall be prima facie evidence that
the employee is able to perform such duties. Reinstatement shall be subject to the provisions for seniority rights
and other employment restrictions contained in this contract.

A. The right to reinstatement to the employee's former position terminates when any one of the
following events occurs:

1. A medical determination by the attending physician or finding by the Labor Commissioner
that the employee cannot return to the former position of employment;

2. The employee accepts employment with another employer;
3. Eighteen months from the date of injury.
B. The right to reinstatement under RSA 281-A:25-a shall not apply to an employee hired on a

temporary basis as a replacement for an injured employee.

Permanent Replacement: After the 18-month period if the person is still unable to return to his position, he shall
be deemed to be unable to return to work. The person will be released, and the position may be filled
permanently. If the employee becomes employable after the 18-month period, he may apply for any vacant
position within the Department for which he is qualified.

ARTICLE 29 - VACANCIES

It is a policy of the Nashua Police Department to employ the best candidates possible through positive recruitment
and selection to ensure a lower rate of personnel turnover, fewer disciplinary problems, higher moral, better
community relations, and more efficient and effective services. The recruitment process will be consistent with
Department procedures, with certain law enforcement selection standards, and federal and state laws.

Filling Vacancies: When filling vacancies for positions covered by this Agreement, current employees will be
given the opportunity to apply for the position, to be evaluated for consideration purposes, and to participate in
testing procedures if applicable. If an employee is selected for a new position, the employee's pay rate will be
changed to reflect the position's wage as listed under Schedule A of this Agreement. The probation period is one
(1) year unless otherwise specified in this Agreement. Should the employee's performance be unsatisfactory any
time during the one (1) year period, the Chief of Police may:

A. Permit the employee to bid on another vacancy for which he is qualified, or,
B. Return the employee to the position which he left if still vacant, or,
C. To terminate the employee from employment with the Nashua Police Department.

Department Policies: The Services Bureau Commander or designee has the option of transferring employees
within his bureau when a vacancy occurs. If qualified applicants are available from a previous recruitment for a
similar position, the Department may utilize these applications and not open the position to the outside. However,
a notice of position vacancy will be posted internally within the Nashua Police Department to ensure that every

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Department employee has the right to apply for the position. If after a recruitment no qualified applicant is
selected, a position vacancy will be re-posted.

Application Procedure: No applications will be accepted by the Department or appropriate authority for any
position that is not posted, nor after the deadline date. Persons must complete applications at the Nashua Police
Department or as designated on the posting in order to be considered for vacant civilian positions. After the
deadline date listed on the "Notice of Position Vacancy," applications will be considered. No employee will be
considered for a position vacancy if he has not completed an application form before the deadline date.

Selection Process: If testing has been prepared for the position, the test will be prepared and administered by
the Nashua Police Department. Through testing, interviews, and completion of pre-employment background
investigations, the best-qualified applicants will be selected. The background investigation will include: Complete
criminal record checks; Personal reference checks; Employer reference checks; and motor vehicle checks (if he
will be driving Department vehicles).

Final Selection Process: A final choice for the position will be decided upon. The selected applicant may be
required to pass a pre-employment physical at the city's expense prior to starting work for the city. It is agreed
that factors such as sex, race, color, national origin, religion, lawful political or employee's organization affiliation,
age, marital status, or non-disqualifying handicap are not considerations in evaluating the qualifications of an
employee or prospective employee.

ARTICLE 30 - WORK POLICIES & REGULATIONS

It is the policy of the Nashua Police Department to provide certain guidelines to insure efficient Department
operations. Civilian employees must comply with all applicable chapters or sections within the Nashua Police
Department Rules & Regulations Manual.

Civilian employees are subject to the Nashua Police Department's Disciplinary System and Internal Affairs
Investigations for any complaints/allegations relating to a criminal offense; neglect of duty; a violation of
Department/City policies, rules, procedures or ordinances; or conduct which may tend to reflect unfavorably upon
the employee, City, or Department.

ARTICLE 31 - RETIREMENT SYSTEM

Employees who work thirty-five hours or more a week are required to join the contributory pension plan of the
City, NH Retirement System, as a condition of employment. The contribution rate will be determined by the NH
Retirement System and all applicable laws and regulations shall apply. Group | members shall also be enrolled in
the social security system.

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SECTION 5. Information Regarding Company; Waiver of Notices, Ete. The Guarantor
assumes responsibility for keeping fully informed of the financial condition of the Company, its liability
hereunder and all other circumstances affecting the Company's ability to pay and perform the Guaranteed
Obligations. The Guarantor agrees that CoBank shall have no duty to report to or notify the Guarantor of:
(i) any information which CoBank shall receive about the financial condition of the Company (including
adverse matters); ({i) the Company's performance under the Loan Documents (including nonpayment or the
occurrence of any other default); (iii) any circumstances bearing on the Company's ability to perform the
Guaranteed Obligations; (iv) any increases in the amount of the Guaranteed Obligations or any renewals,
extensions or refinancing(s) of any Guaranteed Obligation; (v) any actions taken by CoBank or the
Company under any Loan Document; (vi) any matters relating to another guarantor; (vii) any matter set
forth in Section 2 hereof; or (viii) any other matter relating to the Guaranteed Obligations; and the
Guarantor hereby expressly and unconditionally waives any defense or claim of discharge based on the
failure of CoBank to report to or notify the Guarantor of any such information. In addition, the Guarantor
hereby acknowledges that it has entered into this Guaranty based upon its own independent knowledge of or
investigation into the affairs of the Company and any other guarantor (whether a party hereto or to a
separate guarantee) and has not relied in any respect on CoBank or any officers, employees, or agents
thereof,

SECTION 6. Representations and Warranties. The Guarantor hereby represents and warrants
as follows:

(A) Organization; Power; Etc. The Guarantor: (i) is duly organized, validly existing,
and in good standing under the laws of its state of incorporation or formation; (ii) is duly qualified to do
business and is in good standing in each jurisdiction in which the transaction of its business makes such
qualification necessary; (iii) has all requisite corporate and legal power to own and operate its assets and to
carry on its business and to enter into and perform this Guaranty; and (iv) has duly and lawfully obtained
and maintained all licenses, certificates, permits, authorizations, approvals, and the like which are materia!
to the conduct of its business or which may be otherwise required by law, rule, regulation, ordinance, code,
order or the like (collectively, "Laws").

(B) Due Authorization; No Violation; Ete. The execution and delivery by the
Guarantor of, and the performance by the Guarantor of its obligations under, this Guaranty and all
instruments and documents executed in connection herewith have been duly authorized by all requisite
corporate or other action on the part of the Guarantor and do not and wil! not: (i) conflict with, or constitute
(with or without the giving of notice and/or the passage of time and/or the occurrence of any other
condition) a default under, any other agreement to which the Guarantor is a party or by which it or any of its
property may be bound or affected, or with any provision of its articles of incorporation, bylaws or other
organizational documents; (ii) require the consent, permission, authorization, order or license of any
governmental! authority or of any party to any agreement to which the Guarantor is a party or by which it or
any of its property may be bound or affected, except as has been obtained and are in full force and effect;
(iii) violate any provision of any law, rule, regulation, order, writ, judgment, injunction, decree,
determination or award presently in effect applicable to it; or (iv) result in, or require, the creation or
imposition of any lien, security interest or other charge or encumbrance upon or with respect to any of its
properties now owned or hereafter acquired.

(C) __ Binding Agreement. This Guaranty and each instrument and document executed
in connection herewith is, or when executed and delivered will be, the legal, valid, and binding obligation of
the Guarantor, enforceable in accordance with its terms, subject only to limitations on enforceability
imposed by applicable bankruptcy, insolvency, reorganization, moratorium, or similar Laws affecting
creditors’ rights generally.

ARTICLE 32 - DEPARTMENT SENIORITY

1. Department seniority is established by the full-time, continuous service date within the
Communications Division

2. If a conflict remains, the last names of the two parties shall be considered alphabetically and
placed accordingly. Such placement shall determine Department seniority. In these cases if an
individual's last name changes after the date of hire, the seniority date shall not be affected, but
shall remain as was originally established.

Purposes of Department Seniority Date: Department seniority shall be used to approve conflicts of vacation
selections, personal day selections, and leaves of absence. The Department seniority date may also be used for
layoffs or when filling vacancies; however, job performance, attendance records, disciplinary records, and
experience are the primary determining factors that will be considered. (Cite pertinent Articles; i.e., Vacations;
Layoffs, Recalls, & Elimination of Positions; etc., for additional purposes of the Department Seniority Date.)

Department Seniority During Laid Off Periods & Recalls: An employee's Department seniority status shall be
suspended during the time he is laid off. Employees recalled from layoff anytime during the one-year period shall
assume their Department seniority status from the date of layoff.

ARTICLE 33 - LAYOFFS, RECALLS, & ELIMINATION OF POSITIONS

Layoffs: Management reserves the right, power, and authority to lay off employees within the Nashua Police
Department as deemed necessary. When making any layoff decisions, the primary determining factors that will
be considered are job performance, absenteeism record, and the workload & the number of personnel within a
particular bureau, division, or shift. If the listed factors are the same when considering layoff decisions, the full-
time continuous date of employment with the Nashua Police Department will be considered.

Recalls: Management reserves the right, power, and authority to recall employees from layoff status as deemed
necessary. The names of employees laid off will be maintained on a recall list for one (1) year from the date of
such layoff and such employees will be offered their job classifications, if the same exists, in the event of a recall.
When making any recalls from layoffs, the primary determining factors that will be considered are job
performance, absenteeism record, and the workload & the number of personnel within a particular bureau,
division, or shift. If the listed factors are the same when considering recalls from layoffs, the full-time continuous
date of employment with the Nashua Police Department will be considered. Management shall notify the
employee by registered mail of being recalled no earlier than two (2) weeks before the recall date. If an employee
fails to return to work on the date as indicated by management when recalled from layoff status, he shall be
considered to be resigned from employment with the Nashua Police Department.

Reduction of Work Hours/Elimination of Positions: When a reduction of the work hours or elimination of any
employee's position takes place, management reserves the right, power, and authority to temporarily assign the
duties to another employee/nember. Management also reserves the right, power and authority to permanently
assign the duties of the position as deemed necessary. If any new vacancies within the Nashua Police
Department become available, any employee whose job is eliminated because of permanent layoff shall be given
the opportunity to apply for the position, to be evaluated for consideration purposes, and to participate in testing
procedures if applicable. (Cite Article #29 - "VACANCIES.")

ARTICLE 34 - BULLETIN BOARD

The Department shall maintain a bulletin board for the Union to post notices of Union appointments, elections,
meetings, recreational and social affairs, or other Union-related matters. The location of the bulletin board will be
agreed upon by Management and the Union. Said materials shall be posted in no other locations.

No other material or information shall be posted without approval by the Chief. Upon the Chief's written request,
the Union shall promptly remove any material which is offensive or detrimental to the Union/Management
relationship. The Union will periodically, or upon the Chief's request, review all posted material and remove
material which is no longer pertinent.

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