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Board Of Aldermen - Agenda - 10/13/2020 - P128

By dnadmin on Sun, 11/06/2022 - 22:58
Document Date
Fri, 10/09/2020 - 13:58
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 10/13/2020 - 00:00
Page Number
128
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__101320…

Swaps shall not interfere with normal operations, training, or cause the need to
hire overtime.

Written advanced notice signed by both employees involved in the exchange
must be given to the Chief or his designee four days prior to each exchange of
workday desired. (The four-day notice period may be waived at the discretion of
the Chief or his designee.)

All swaps will indicate a date to be paid back within a 6-month period and that
payback date shall not change.

Swaps may result in any employee working consecutive shifts or working a total
of 16 hours in one work day; however, the following policies apply:

1. The Services Bureau Commander or designee may deny a 16-hour shift
in one day; however, the reason for the denial shall be provided to the
employees involved in the swap. Said decision is subject to the
grievance procedure as specified below uncer this Article.

2. Following any 16-hour block worked an employee shall have at least 8
hours off duty.

If an employee involved in an exchange calls in sick on the exchange day, that
employee shall lose eight (8) hours of sick leave;

No additional swaps will be allowed for the original swap date;
An employee paying back a swap will be eligible to receive a personal day or

vacation day for the original swap date, but must follow the normal approval
process for the day off.

Disputes concerning Exchange of Workdays shall follow the Grievance Procedure through STEP
4, at which point the decision shall be final and binding upon the parties.

ARTICLE 22 - SHIFT EXCHANGES

For the purposes of this Article, the word "shift exchange" means, "a long-term swap of shifts
between employees." A “long-term swap” is defined as a specific period of time such as a week,

month, etc.

With prior approval and at the sole discretion of the Chief or his designee, employees may
exchange shifts if both employees involved agree; provided that:

A.

Written advanced notice signed by both employees involved, including the
reasons for the exchange, will be given to the Chief or his designee two (2)
weeks prior to each exchange of shift desired; however, the two- (2) week notice
period may be waived at the discretion of the Chief of Police or his designee.

Both employees have the same position or have been cross-trained to
adequately cover the other position as determined and approved by their
Services Bureau Commander or supervisor.

Both employees have completed their training period as determined by the
Services Bureau Commander or designee.

23

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Board Of Aldermen - Agenda - 10/13/2020 - P128

Board Of Aldermen - Agenda - 10/13/2020 - P129

By dnadmin on Sun, 11/06/2022 - 22:58
Document Date
Fri, 10/09/2020 - 13:58
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 10/13/2020 - 00:00
Page Number
129
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__101320…

D. No more than two (2) shift exchanges involving four (4) employees shall be

allowed at any one (1) time;

E. Both employees agree to swap day-off groups of each other and shall not be
eligible to receive compensatory time off due to the change of days off or to
receive overtime;

F. Employees may work two consecutive shifts in one work day; however, the
following policies apply:

1. The Services Bureau Commander or designee may deny a 16-hour shift
in one day; however the reason for the denial shall be provided to the
employees involved in the shift exchange. Said decision is subject to the
grievance procedure as specified below under this Article.

2. Following any 16-hour block worked an employee shall have at least 8

hours off duty.

Disputes concerning Shift Exchanges shall follow the Grievance Procedure through Step 4, at
which point the decision shall be final and binding upon the parties.

ARTICLE 23 — WAGES & TITLES
Averaging of Work Weeks:

1. All employees shall be paid the annual rate divided by 52 weeks, whether on a 4
& 2 Schedule or a 5 & 2 Schedule.

2. Employees on a 4 & 2 Schedule will have their weekly wages and hours
averaged. Therefore, employees on a 4 & 2 Schedule will be paid the same
weekly wage whether it is for a 40-hour or 32-hour week.

40-Hour/Week Employees: For purposes of accruals, deductions, and wages, employees on
either a 5 & 2 Schedule or a 4 & 2 Schedule shall be considered a 40-hour/week employee,
working 8-hour days. (Example: If an employee makes $20,000 a year, they will receive $384.62
a week or $ 9.6155 an hour.)

Shift Leaders: Shift Leader positions shall be available, one per shift, and current employees
may bid for the position of Shift Leader. Such positions shall be awarded based on evaluations,
training, experience, demonstrated capabilities, attendance, and seniority. Shift Leaders will
receive $3,000 above the employee’s current annual wage.

Completion of Probationary Period: At the successful completion of the probationary period,
the employee will receive the full wage of a non-probationary Communications Technician | or Il,
or Dispatcher

Moving Between Position Classifications:
1. From Communications Technician | to Communications Technician Il: Whena

Communications Technician | is transferred to the position of Communications
Technician Il, they will receive $5000 above the employee’s current annual wage.

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Board Of Aldermen - Agenda - 10/13/2020 - P129

Board Of Aldermen - Agenda - 2/23/2016 - P45

By dnadmin on Sun, 11/06/2022 - 21:36
Document Date
Tue, 02/23/2016 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 02/23/2016 - 00:00
Page Number
45
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__022320…

(3) Notice of Default. Promptly after becoming aware thereof, notice of the
breach of any covenant contained in this Guaranty or any instrument or document executed in connection
herewith.

(4) Notice of Non-Environmental Litigation. Promptly after the
commencement thereof, notice of the commencement of all actions, suits, or proceedings before any
court, arbitrator, or governmental department, commission, board, bureau, agency, or instrumentality
affecting the Guarantor which, if determined adversely to the Guarantor, could have a material adverse
effect on the financial condition, properties, profits, or operations of the Guarantor.

(5) Notice of Environmental Litigation, Etc. Promptly after receipt
thereof, notice of the receipt of all pleadings, orders, complaints, indictments, or any other
communication alleging a condition that may require the Guarantor to undertake or to contribute to a
cleanup or other response under environmental Laws, or which seek penalties, damages, injunctive relief,
or criminal sanctions related to alleged violations of such Laws, or which claim personal injury or
property damage to any person as a result of environmental factors or conditions.

(6) Other Information. Such other information regarding the condition or
operations, financial or otherwise, of the Guarantor as CoBank may from time to time reasonably request,
including but not limited to copies of all pleadings, notices, and communications referred to in
Subsections 7(G)(iv) and (v) above.

(H) Condemnation. (1) Notify CoBank promptly after the litigation (or any portion
thereof) referenced in the Application has been resolved or settled (including, without limitation, by
entering into any agreement to sell assets or stock in lieu thereof); and (2) until CoBank notifies the
Guarantor that it does not consider the outcome (or any portion of the outcome) thereof to give rise to an
Event of Default under Section 8.13 of the MLA, it will retain from the proceeds thereof an amount in
cash sufficient to pay all Guaranteed Obligations in full, plus, in the event any unused commitments are
available to the Company, the amount thereof.

SECTION 8. Negative Covenants. Unless otherwise agreed to in writing by CoBank, while this
Guaranty is in effect, whether or not any Guaranteed Obligations are outstanding, the Guarantor will not
and will not permit its subsidiaries to:

(A) Mergers, Acquisitions, Etc. Merge or consolidate with any other entity or
permit any subsidiary to merge or consolidate with any other entity, unless the Guarantor or such
subsidiary is the surviving entity, or acquire all or a material part of the assets of any person or entity, or
form or create any new subsidiary or affiliate, or commence operations under any other name,
organization, or entity, including any joint venture.

(B) Transfer of Assets. Sell, transfer, lease, or otherwise dispose of any of its
assets, except in the ordinary course of business,

(C) Change in Business. Engage in any business activities or operations
Substantially different from or unrelated to the Guarantor's present business activities or operations.

SECTION 9. Expenses. In the event CoBank employs counsel to protect or enforce its rights
hereunder against the Guarantor, all reasonable attorneys’ fees arising from such services and all expenses,
costs, and charges in any way or respect arising in connection therewith or relating thereto shall be paid by

such Guarantor.

Page Image
Board Of Aldermen - Agenda - 2/23/2016 - P45

Board Of Aldermen - Agenda - 10/13/2020 - P130

By dnadmin on Sun, 11/06/2022 - 22:58
Document Date
Fri, 10/09/2020 - 13:58
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 10/13/2020 - 00:00
Page Number
130
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__101320…

2. From Communications Technician | and Il to Dispatcher: Whena
Communications Technician (I or Il) is transferred to the position of Dispatcher,
Management can start the new
Dispatcher at a salary at or below an existing Dispatcher with similar time
employed as a Nashua Police Communications member.

3. From Dispatcher to Communications Technician | or Il: When Dispatchers are
transferred to the position of Communications Technician | or Il, the employee
will receive an annual wage comparable to an existing Communications
Technician | or Il with similar time employed as a Nashua Police
Communications member.

4. From Shift Leader to Dispatcher: When Shift Leaders are transferred to the
position of Dispatcher, the employee will no longer receive the $3000 wage
increase for Shift Leader.

Experienced Communications Division Personnel:

When new employees are hired, or existing employees transfer from one position to another
within Communications, for the positions of Communications Technician |, Communications
Technician Il, and Dispatcher and possess training and/or experience or a combination thereof,
Management reserves the right to start the new employee at a higher 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.

Wage Increases:

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

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 FY2022 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

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

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Board Of Aldermen - Agenda - 10/13/2020 - P130

Board Of Aldermen - Agenda - 10/13/2020 - P131

By dnadmin on Sun, 11/06/2022 - 22:58
Document Date
Fri, 10/09/2020 - 13:58
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 10/13/2020 - 00:00
Page Number
131
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__101320…

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% $ 60.548 $ 64,787 2.25% $ 66.245 2.00% $ 67,570
Vacant Probation ; _ $ 48.000 1.00% $ 49490 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% $ 57.3387 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% $ 40,178

26

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Board Of Aldermen - Agenda - 10/13/2020 - P131

Board Of Aldermen - Agenda - 10/13/2020 - P132

By dnadmin on Sun, 11/06/2022 - 22:58
Document Date
Fri, 10/09/2020 - 13:58
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 10/13/2020 - 00:00
Page Number
132
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__101320…

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.

27

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Board Of Aldermen - Agenda - 10/13/2020 - P132

Board Of Aldermen - Agenda - 10/13/2020 - P133

By dnadmin on Sun, 11/06/2022 - 22:58
Document Date
Fri, 10/09/2020 - 13:58
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 10/13/2020 - 00:00
Page Number
133
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__101320…

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.

If 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.
1. 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.

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

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

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

ARTICLE 27 - COMPENSATORY TIME (TIME COMING)

28

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Board Of Aldermen - Agenda - 10/13/2020 - P133

Board Of Aldermen - Agenda - 10/13/2020 - P134

By dnadmin on Sun, 11/06/2022 - 22:58
Document Date
Fri, 10/09/2020 - 13:58
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 10/13/2020 - 00:00
Page Number
134
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__101320…

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.

B. 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.

C. 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 overtime payment. Employees shall not have
more than 24 hours accrued at any time.

D. 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.

E. 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.

F. 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.

G. 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

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

29

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Board Of Aldermen - Agenda - 10/13/2020 - P134

Board Of Aldermen - Agenda - 10/13/2020 - P135

By dnadmin on Sun, 11/06/2022 - 22:58
Document Date
Fri, 10/09/2020 - 13:58
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 10/13/2020 - 00:00
Page Number
135
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__101320…

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
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).

30

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Board Of Aldermen - Agenda - 10/13/2020 - P135

Board Of Aldermen - Agenda - 10/13/2020 - P136

By dnadmin on Sun, 11/06/2022 - 22:58
Document Date
Fri, 10/09/2020 - 13:58
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 10/13/2020 - 00:00
Page Number
136
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__101320…

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.

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,

31

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