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Board of Aldermen Page 14
December 13, 2016

O-16-023
Endorsers: Mayor Jim Donchess
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large Lori Wilshire
Alderman Richard A. Dowd
Alderman-at-Large Mark S. Cookson
Alderman David Schoneman
Alderman Don LeBrun
Alderman Ken Siegel
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Tom Lopez
Alderman-at-Large Brian S. McCarthy
Alderman June M. Caron
AUTHORIZING FREE HOLIDAY PARKING AT METERS IN ZONE III WHICH INCLUDES THE
ELM STREET AND HIGH STREET PARKING GARAGES FROM DECEMBER 11, 2016,
THROUGH JANUARY 2, 2017
Given its second reading;

MOTION BY ALDERMAN COOKSON TO AMEND O-16-023 IN ITS ENTIRETY BY REPLACING IT WITH
THE GOLDEN ROD COPY PROVIDED WITH THE AGENDA
MOTION CARRIED

MOTION BY ALDERMAN COOKSON FOR FINAL PASSAGE OF O-16-023 AS AMENDED
MOTION CARRIED

Ordinance O-16-023 declared duly adopted as amended.

O-16-024
Endorsers: Mayor Jim Donchess
Alderman David Schoneman
Alderman Ben Clemons
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Tom Lopez
Alderman Richard A. Dowd
EXTENDING THE OVERNIGHT ON-STREET PARKING PROGRAM INDEFINITELY AND ALLOWING
RESIDENTS OF ORANGE STREET AND WHITNEY STREET TO PURCHASE OVERNIGHT ON-
STREET PARKING PERMITS
Given its second reading;

MOTION BY ALDERMAN SCHONEMAN TO AMEND O-16-024 IN ITS ENTIRETY BY REPLACING IT WITH
THE GOLDEN ROD COPY PROVIDED WITH THE AGENDA

ON THE QUESTION
Alderman Schoneman

The program has been working very well; it’s used in the French Hill area and the Tree Streets, most being the
Tree Streets. French Hill has been less widely used with only 20 permits being issued. Not every street up
there is suitable for overnight parking but there are plenty of designated spaces. There are people that ask to
be given permission to park on an adjacent street because their street is too small and the change that we are
making is to add Orange Street and Whitney Street but since the legislation was originally submitted Atwood
Court is now added.

Guarantor agrees to cause all persons occupying or present on any of its properties to comply in all
material respects with all Laws relating to such properties.

(C) Insurance. Maintain insurance with insurance companies or associations
acceptable to CoBank in such amounts and covering such risks as are usually carried by companies
engaged in the same or similar business and similarly situated.

{(D)} Property Maintenance. Maintain all of its property that is necessary to or
useful in the proper conduct of its business in good working condition, ordinary wear and tear excepted.

(E) Books and Records. Keep adequate records and books of account in which
complete entries will be made in accordance with GAAP consistently applied.

(F) Inspection. Permit CoBank or its agents, upon reasonable notice and during
normal business hours or at such other times as the parties may agree, to examine its properties, books,
and records, and to discuss its affairs, finances, and accounts, with its respective officers, directors,
employees, and independent certified public accountants.

(G) Reports and Notices. Furnish to CoBank:

(i) Annual Financial Statements. As soon as available, but in no event
more than 120 days after the end of each fiscal year of the Guarantor occurring during the term hereof, a
copy of:

(a) a consolidated balance sheet of the Company and its
Subsidiaries as at the end of such year, and

(b) consolidated statements of income, changes in shareholders’
equity, and cash flows of the Guarantor and its Subsidiaries, for such year,

setting forth, in each case, in comparative form, the figures for the previous fiscal year, all in reasonable
detail, prepared in accordance with GAAP, and accompanied by an unqualified opinion thereon of
independent certified public accountants of recognized national standing, which opinion shall state that
such financial statements present fairly, in all material respects, the financial position of the companies
being reported upon and their results of operations and cash flows and have been prepared in conformity
with GAAP, and that the examination of such accountants in connection with such financial statements
has been made in accordance with generally accepted auditing standards, and that such audit provides a
reasonable basis for such opinion in the circumstances; provided that the delivery within the time period
specified above of the Company’s Annual Report on Form 10-K for such fiscal year (together with the
Company’s annual report to shareholders, if any, prepared pursuant to Rule 14a-3 under the Exchange
Act) prepared in accordance with the requirements therefor and filed with the Securities and Exchange
Commission, together with the accountant’s certificate described above, shall be deemed to satisfy the
requirements of this Subsection;

(2) Quarterly Statements. As soon as available, but in no event more than
60 days after the end of each fiscal quarter of the Guarantor (other than the last quarterly fiscal period of
each such fiscal year), a copy of the Company’s Quarterly Report on Form 10-Q prepared in compliance
with the requirements therefor and filed with the Securities and Exchange Commission;

Any eligible member of the bargaining unit requesting initial membership in a plan may enter
during a specified enrollment period. Any eligible member desiring to select a different plan may
make such a change only during the annual enrollment period. Eligible members moving into or
out of a plan’s service area may change plans within a specified period after such move to the
extent permitted by the plans.

Eligible members of the bargaining unit shall be defined as full-time employees.

JOINT LABOR/MANAGEMENT COMMITTEE: For the duration of this Agreement, either party
to the Agreement may request that a joint Labor/Management Committee be convened to
consider the performance of the aforementioned plans, any changes thereto.

ANNUAL AUDIT: The City of Nashua hereby agrees to conduct a yearly loss ratio analysis of all
health insurance plans offered to employees and return all employee overpayments in the form of
a Health Insurance Premium Holiday at the completion of the analysis.

SECTION Il — LIFE INSURANCE

Full-time employees, averaging 37 ‘2 hours or more a week, are eligible to participate in the city’s
group term life insurance benefit. The benefit is equal to one times the annual basic rate of pay
of each employee. If an employee elects to participate, the city will pay 100% of the premium
cost. This item is not retroactive and shall become effective upon approval of cost items by the
Board of Aldermen.

This benefit also provides for optional term life insurance and is 100% employee paid. The
benefit amounts are determined by the insurance carrier and the cost of optional coverage is
determined by the employee’s age.

SECTION Ill — DENTAL INSURANCE

The Commission shall ensure through the City of Nashua that full-time employees, averaging
37% hours a week, are provided a 2-person Dental Plan, Coverage A (100%), B (85%) and C
(50%), at no cost to the employee, except for single employees who shall receive a 100% paid 1-
person Dental Plan. This item is not retroactive and shall become effective upon approval of cost
items by the Board of Aldermen.

1. Employees may request a family plan; however, the employee will be responsible
for paying any differences in the 2-person plan premium versus the family plan
premium through payroll deductions.

2. Any employee requesting initial membership in one of the plans may enter only
during a specified enrollment period (group re-opening}. Any employee desiring
to select a different plan, after having enrolled in one of the plans, may make that
selection only once during one (1) calendar year.

High Option Plan:
Effective September 1, 2015, those employees covered by dental insurance under this article
may elect to participate in the High Option Plan available through Delta Dental. The

employee shall be responsible for paying the full additional premium cost for the High Option
Plan.

SECTION IV — SHORT TERM DISABILITY COVERAGE

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The City of Nashua will offer Short Term Disability coverage to all employees covered under this
CBA. Participation in this program will be completely optional and funded entirely at the
employee’s expense.

SECTION V— LONG TERM DISABILITY COVERAGE

Employees who are covered by this Agreement may be eligible for Long-Term Disability under
the City’s Long-Term Disability Plan in accordance with the provisions thereof as the same may
be amended from time to time. There shall be no cost to the employee for this benefit.

ARTICLE 16A — WELLNESS REIMBURSEMENT ALLOWANCE

Upon submitting proof of payment for membership costs to the appropriate personnel within the
Administrative Bureau, the Department will reimburse employees up to $200 to maintain
membership in a bona fide health, fitness club, or gym or for personal workout equipment,
authorized by the administration. The cost of exercise or workout equipment which is generally
used for recreational or leisure purposes shall not be subject to reimbursement.

ARTICLE 17 - SICK LEAVE
SECTION I - ACCRUAL RATES

For Employees Hired On or After July 1, 2000: Effective July 1, 2008, full-time employees
covered by this Agreement (averaging 37% hours a week or more) on the active payroll shall
accrue: 8 hours each month or 96 hours (12 days) a year. All additional and new benefits
under this Section shall commence effective July 1, 2008 and after this Agreement has received
all required approvals. Prior to June 30, 2008, the benefits contained under this Section in the
parties’ prior collective bargaining agreement shall be in effect.

For Employees Hired On or After July 1, 2000: Effective July 1, 2014, full-time employees
covered by this Agreement (averaging 37 Ye hours a week or more) on the active payroll shall
accrue: 9 hours each month or 108 hours (13.5 days) per year.

For Employees Hired on or After July 1, 2000: Effective July 1, 2015, full-time employees
covered by this Agreement (averaging 37 Ye hours a week or more) on the active payroll shall
accrue: 10 hours each month or 120 hours (15 days) per year.

For Employees Hired Before July 1, 2000: Full-time employees covered by this Agreement
(averaging 37% hours a week or more) on the active payroll covered by this Agreement, shall
accumulate at the rate below per calendar month: 10 hours each month or 120 hours (15 days)
a year, cumulative to a maximum of 720 hours (90 days).

SECTION Il - ACCRUAL POLICIES
For the purposes of this article, full-time employees averaging 371% hours a week will be

considered 40-hour-a-week employees. Accruals and deductions will be based on eight (8) hour
days.

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Full-time employees must be employed for at least 15 calendar days, beginning the first of any
month, or on approved sick or vacation leave, to accrue sick time for that particular month. A
newly hired employee is not entitled to payment for sick leave until completion of six (6)
continuous months, and such payments may not be applied retroactively.

Employees must have the appropriate time accrued before use of sick time is approved. At no
time shall an employee be paid sick time if it has not yet been accrued. During an unpaid leave
of absence, an employee does not accrue any sick time.

Sick leave shall not be considered a privilege which an employee may use at his discretion. It
shall be allowed only in the case of necessity and actual sickness or disability of the employee, or
to take physical and dental examinations or other sickness prevention measures, or under the
Family Medical Leave Act.

SECTION Ill- PAYMENTS & MAXIMUM ACCRUALS

Maximum Accruals: Sick leave for full-time employees (averaging 37’ hours a week or more)
on the active payroll covered by this Agreement shall accumulate as listed below:

1. Employees hired July 1, 2000, and After: Employees are allowed to accrue a
maximum of 180 days.

2. Employees hired before July 1, 2000: Employees are allowed to accrue a
maximum of 90 days.

Loss & Reinstatement of Sick Leave: Except in the case of death, accrued sick leave shall be
lost if the employee resigns, is discharged, released, or laid off. If an employee leaves
employment with the Nashua Police Department, but returns within three (3) years of the date of
termination, the employee's sick leave accrued up to the date of termination will be reinstated.

1. First Offense: Employees who abuse sick leave shall forfeit 52 hours (6.5 days)
for full-time employees averaging 37’ a week of accrued sick leave for a first
offense (65% of the normal annual accumulation). (If the entire 52 hours as
specified previously cannot be deducted from the accumulated total due to the
accrual amount, the negative balance will be carried over until the entire 52 hours
can be deducted.)

2. Second Offense: For full-time employees averaging 37’ hours a week, the
employee shall forfeit 60 hours (7.5 days) of accrued sick leave (75% of the
normal annual accumulation) for the second offense. (If the entire 60 hours as
specified previously cannot be deducted from the accumulated total due to the
accrual amount, the negative balance will be carried over until the entire 60 hours
can be deducted.)

3. Third Offense: For the third offense, the employee will be disciplined up to and
including dismissal.

Transfers from another Bargaining Unit: Employees who transfer from another bargaining unit
(outside of the Department) or from another City Department will be permitted to transfer their
sick leave accrual balance to the maximums provided under this Article. Such transferred sick
leave accrual balances will be allowable for use as sick leave days under this Article; however,

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use will not be permitted until the six-month period elapses from the date of hire with the
Department.

Death Payments:

1. Employees hired July 1, 2000, or After: Accrued sick leave up to 50% of the
total amount of sick leave accrued for full-time employees averaging 37% hours a
week will be paid to an employee's surviving spouse, or if no spouse survives, to
the surviving children through the administrator of the estate, when an employee
dies while employed by the Nashua Police Department. If no spouse or children
survive, the accrued sick leave will be paid to the employee’s estate.

2. Employees hired Before July 1, 2000: Accrued sick leave up to 720 hours (90
days) for full-time employees averaging 371% hours a week will be paid to an
employee's surviving spouse, or if no spouse survives, to the surviving children
through the administrator of the estate, when an employee dies while employed
by the Nashua Police Department. If no spouse or children survive, the accrued
sick leave will be paid to the employee’s estate.

Retirement Payments:

1. Employees hired July 1, 2000, or After: Upon retirement under the NH
Retirement System, an employee will receive payment for the accrued sick leave
balance in his account up to 50% of the total amount of sick leave accrued (up to
a maximum of 180 days) for full-time employees averaging 3712 hours a week,
calculated at the current rate of pay on the day of retirement.

2. Employees hired Before July 1, 2000: Upon retirement under the NH
Retirement System, an employee will receive payment for the accrued sick leave
balance in his account up to 720 hours (90 days) for full-time employees
averaging 37’ hours a week, calculated at the current rate of pay on the day of
retirement.

SECTION IV - USE OF SICK LEAVE

Physical & Dental Examinations: Employees should not make physical and dental
examinations during their tour of duty. If these types of examinations cannot be made during off-
duty times, essential personnel must make arrangements with their Services Bureau Commander
or designee to assure that coverage is available during their absence from duty. If no coverage is
available, the physical and dental examination will be rescheduled when the employee is off duty
or when coverage is available.

Sickness for Child or Family Care: In the case of sickness of a spouse or children of the
employee necessitating the employee's absence from work under 8 hours, the employee's
Services Bureau Commander or designee may grant absence from work with sick pay, if such
specific payment is approved by the Commission or the Chief of Police. Absences over eight
hours for child or family care shall be in accordance with the Family Medical Leave Act and
Department policies.

Absences Deducted from Sick Leave: All absences from work or absences during an
employee's tour of duty due to illness, disability, physical/dental examinations or other sickness
prevention measures shall be deducted from the non-exempt employee's accumulated sick leave
by actual hours missed. Employees may make up the entire time, limited to two hours, in lieu of
sick leave deductions as approved by their Services Bureau Commander or designee; however,
such time shall be made up within two weeks or a sick leave deduction shall be made for the time

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used. Any instances of sick time used over the two-hour limit (the entire time), shall be
automatically deducted from the employee's sick leave accrual balance.

1. The Commission reserves the right to verify all claims for paid sick leave. This
includes the right to require the employee to submit a physician’s statement
verifying the need for the use of the sick leave, irrespective of the number of sick
hours taken.

2. All employees who leave their tour of duty must complete NPD Form #710,
"Documentation of Time Not Worked."

A. This form will be signed by the employee's Services Bureau Commander
or designee approving the time to be missed.

B. The actual hours missed (rounded off to the nearest half hour) shall be
clearly listed in order to deduct the correct amount from sick accruals.

C. The form will be forwarded to the Administrative Bureau.

Notification of Sick Leave: Employees are to make arrangements to notify headquarters daily
and at least one (1) hour before their normal scheduled duty time of their intention to be on sick
leave.

Use of Leave Time: Employees shall complete the appropriate Department form as required by
Department policy when utilizing sick leave.

Doctor’s Slip Required: Notwithstanding the frequency, in all cases a doctor's slip is required
within five (5) days after returning to work for employees taking three or more successive sick
days. Slips will be directed to the Services Bureau Commander or designee.

SECTION V - SICK LEAVE BANK

All non-probationary full-time employees covered under this Agreement shall maintain and
contribute to a sick leave bank on a voluntary basis from their unused sick leave accrual
balances. A Sick Leave Bank Committee appointed by the Union shall establish the rules,
standards, and procedures of the Sick Leave Bank. Said rules, standards, and procedures shall
be provided to and approved by the Chief of Police before implementation and operation of the
Sick Leave Bank by the Union. Once the rules, standards, and procedures have been approved,
the Sick Leave Bank usage shall not be subject to the grievance procedure.

ARTICLE 18 - BEREAVEMENT LEAVE
Definitions: For the purposes of this Article:

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

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

C. “Domestic Partner” is defined in Article 3-Q as an individual (Article 3-Q)I:

1. Who had a long-term intimate relationship with an employee,

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2. Who was living in the same household as the employee at the time of
death, and

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

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

Bereavement Leave Policies:

Beginning the day after the notification of the death, per occurrence in any fiscal year, a regular
full-time employee (averaging 37 1’ hours a week) shall be permitted the following:

In the event of the death of an uncle, aunt,
niece, or nephew of the employee

One (1} Day Leave (from Sick time)

Three (83) Days Bereavement Leave In the event of the death of an immediate family

member as defined below

Four (4) Days Bereavement Leave In the event of the death of an immediate family

member as defined below.

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

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

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

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

ARTICLE 19 - LEAVES OF ABSENCE

Military Leave of Absence:

If a regular full-time employee must leave City employment to enter directly into active service in
the armed forces of the United States involuntarily, he shall be granted a military leave of

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absence for the anticipated length of such service. The employee will be allowed seniority credit
for the time spent in the armed forces.

The employee is entitled to reinstatement to the position he held or one of like status and pay if a
vacancy is open within the city, provided that the employee accepts release from active service at
the earliest possible date and request reinstatement within ninety (90) days after release.

If a regular full-time employee is called to serve not more than a seventeen-day annual training
tour of duty with the National Guard or Armed Forces Reserve, he shall 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, if any, based on the employee's regularly scheduled straight time
rate. Such payments shall be made following the showing of satisfactory evidence of the amount
of pay received for such service. The employee will continue accrual of sick and vacation time
during this time and shall not lose any benefits.

If a regular full-time employee is called into active duty with the National Guard or Armed Forces
Reserve for more than 17 days, he shall not be paid the difference between his pay for such
government service and the amount of regular straight time earnings. The employee may
request payment of his sick and vacation accrual balances (subject to accumulation restrictions)
or these accruals may remain as balances until he returns to city employment. He shall not
accrue sick and vacation time during the military leave of absence and his benefits will be as
indicated below:

A. More than 17 days, less than 6 months.....Full benefits

B. More than 6 months:
1. No benefits;
2. Allowed seniority credit for the time spent in the armed forces;
3. Insurance benefits available under COBRA provisions.

Leaves of Absence (Family Medical Leave Act): leaves of absence requested under the
Family Medical Leave Act shall conform to the Federal Laws and Department policies. (Cite the
General Order in the Department’s Rules & Regulations Manual for additional language.) If the
member can meet the eligibility requirements as set by the City's disability income plan, he may
apply for the Long Term Disability benefit. (Cite Article #16.) If the Department's operations are
affected due to the length of the unpaid leave of absence and a medical authority cannot
determine when the employee is able to work, it shall be the Chief of Police’s discretion to hire a
temporary or regular replacement. If the employee is able to recover from the disability during the
limitation period of the long-term disability benefit and the Commission is satisfied with the
recovery, he will have preference over applicants outside the City to apply for any position within
the City that he is qualified for. If the employee cannot recover during the limitation period as
described above, the employee shall be terminated.

ARTICLE 20 - PERSONAL DAYS

Definitions: For the purpose of this Article the words “personal day” means a day (8 hours for
full-time employees averaging 37 ve hours a week), when an employee is excused from active
duty for personal reasons. Personal days will be deducted from the employee’s accumulated sick
leave. If no sick leave is available, the employee is not eligible to receive a personal day unless
the employee opts to take an available accrued vacation day.

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A regular full-time employee (averaging 37 2 hours a week) may use (6) days of sick leave
during a calendar year for personal leave. Up to two (2) personal days can be taken
consecutively providing it does not cause overtime.

All additional and new benefits under this Section shall commence effective July 1, 2017, and
after this Agreement has received all required approvals. Prior to June 30, 2008, the benefits
contained under this Section in the parties’ prior collective bargaining agreement shall be in
effect.

Approval of Personal Leave: Personal days must be approved by the employee’s supervisor
not more than fifteen (15) days, nor less than five (5) days, prior to the date of such personal day,
except in an emergency and waived by the Services Bureau Commander or designee. If
approved, the appropriate form will be completed by the supervisor or employee. The form will
be forwarded to the Administration Bureau. Except in cases of emergency, the slip will be
approved/disapproved (pending the availability of personal days), and the employee will be
notified by the Services Bureau Commander or designee of its approval or disapproval.

Provisions: A personal day approval is subject to potential workloads, manpower requirements,
and any possibility of an emergency situation as determined by the Chief of Police or designee.
Once a personal day is approved and the date is to be changed or canceled by the employee, the
employee must reapply. The approved personal day is subject to recall by the Chief or designee
due to potential workloads, manpower requirements, and any emergencies that may arise.
Employees shall be paid time and one half of their regular rate of pay for a callback of a personal
day and granted an additional personal day which may be banked for future use during the
calendar year.

Disputes: Disputes concerning personal days shall follow the Grievance Procedure through
STEP 4, at which point, the decision shall be final and binding upon the parties.

ARTICLE 21 - EXCHANGE OF WORKDAYS (SWAPS)

For the purposes of this Article, the words "Exchange of Workdays" means "an eight (8) hour tour
of duty" for full-time employees averaging 37% hours or more a week and such exchange shall
be for each other's position's duties, unless otherwise approved by the Chief of Police or his
designee.

A. Exchanges of workdays are limited:

1. To individuals who hold the same position in a particular division/oureau
or have been cross-trained to adequately cover the other position as
determined and approved by their Services Bureau Commander or
designee; and

2. Have completed their training period as designated by the Services
Bureau Commander or designee.

B. All swaps must be approved in advance by the Services Bureau Commander or
designee. Denials of swaps are based on any policies contained within this
Article.

C. The number of swaps allowed shall be limited to ten per quarter. The employee

requesting a swap will have that swap counted against his/her quarterly limit.

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