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regular rate of pay for all time worked in excess of 40 hours during a pay week, Sunday through
Saturday.

Part-Time Employees:

Part-time employees will not receive overtime unless the total hours worked in a week, Sunday
through Saturday, exceed 40 hours.

Overtime Not Allowed:

Exempt positions, as designated under Article 23 — Wages, shall not be eligible for overtime.
Submission of Overtime:

Overtime will be submitted in accordance with S.O.P. 31 during the week it was worked or no
more than one (1) week after the date. All overtime submitted will be paid according to the total
number of hours worked in the week it was worked, not the week submitted

Called in from Home:

If a non-exempt, non-essential employee gets called in from home to work, he shall receive at
least a 3-hour minimum in overtime pay if over 40 hours in a week or a 3-hour minimum in
regular pay if under 40 hours in a week. 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 A.M., employees on that shift shall be
paid for actually hours worked (i.e., 8 hours regular, 1 hour overtime). In the Spring, when

clocks are advanced one hour at 2:00 A.M. employees on that shift shall be paid for a full shift
(i.e., 8 hours regular).

ARTICLE 26
LUNCH TIME & COFFEE BREAKS

Lunch Periods:

Lunch periods shall be paid according to any of the following ways as dictated by the Chief of
Police or his designee:

i. An hour (1) lunch (without pay);
2. A 1/2 hour lunch (without pay); or

3. A 20-minute lunch break (with pay).

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An employee may be called back from a lunch break due to emergencies. The 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. One break may
be taken before and one may be taken after the lunch break period as the work schedule allows.
All employees may be called back from a break due to emergencies. The 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 % 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 hour of overtime
at a time, into a maximum amount of 24 time coming hours. Any overtime slips
submitted for accrual purposes which bring the accrued amount beyond the 24
hours will be submitted for overtime payment.

C. Said time must be used within 6 months of the original overtime date. All
overtime slips beyond 6 months will be submitted for overtime payment. Note:
If a slip becomes outdated, but the employee has taken partial time coming hours,
the time taken will be deducted and the remaining time will be converted back to
normal overtime for payment.

D. Time coming may be used to extend a block vacation week or be added to any
other time off; i.e., personal day. The decision of the supervisor shali 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. When employees utilize compensatory time:

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» The employee will complete the appropriate Department form when utilizing
any compensatory time (time coming). The same procedures will be followed
as vacations, etc.

+ 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.

F, 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
WORKERS 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.

Employees may supplement Worker’s Compensation benefits using accrued vacation and sick
leave time. The use of accrued leave shall be limited to the difference between the amount the
employee is paid under Worker’s Compensation and the amount of the employee’s pay for their
regularly scheduled work week as in effect at the time of the injury.

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

4)

duties. Reinstatement shall be subject to the provisions for seniority rights and other
employment restrictions contained in this contact.

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 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:

A. 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.

B. 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 six (6) months unless otherwise specified in
this Agreement.

AY

Cc. Should the employee's performance be unsatisfactory any time during the six-
month period, the Chief of Police may:

+ Permit the employee to bid on another vacancy for which he is qualified, or

* Return the employee to the position which he left if still vacant, or

+ To terminate the employee from employment with the Nashua Police
Department.

Department Policies:

The Bureau Commander 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 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 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

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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.

Provisions of the City of Nashua merit Plan are not applicable to the positions covered by this
Agreement.

ARTICLE 31
LONG TERM DISABILITY COVERAGE

Full time employees covered by this Agreement are eligible for coverage 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.

Part-Time Employees:

Part-time employees are not eligible for coverage under the City's Long Term Disability Plan.

ARTICLE 32
RETIREMENT SYSTEM

Full-time employees 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 I members
shall also be enrolled in the social security system.

Part-Time Employees:

Part-time employees are not eligible for the New Hampshire Retirement System.

ARTICLE 33
DEPARTMENT SENIORITY

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A. For purposes of this article, "service" or "date of hire" is defined as the full-time
position within the Teamsters Union, continuous service with the Nashua Police
Department to the current date.

B. In the event of a conflict, 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 after the date of
hire changes, the seniority date shall not be affected, but shall remain as was
originally established.

C. The seniority ratings of employees shall be used for only members within this
bargaining unit. Department supervisors who work in the same bureaus or
divisions as bargaining unit members, but are excluded from the bargaining unit,
shall have seniority over members due to their positions.

D. If an employee moves into another position outside of this bargaining unit, his
seniority date shall be as listed in another bargaining agreement or benefit
package.

Purposes of Department Seniority:

Department seniority shall be used to approve vacation selections, personal day selections, and
leaves of absence.

Detention Specialists:

Detention Specialists shall not be part of the seniority system of full-time employees. The part-
time dates of employment shall be used for seniority purposes within the group of Detention
Specialists. Department seniority shall be used to approve vacation selections, personal day
selections, Family Medical Leave requests, layoffs, recalls, and elimination of positions. 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.

Seniority used for Layoffs & Filling Vacancies:

The department seniority date may also be used for layoffs or when filling vacancies; however,
the primary determining factors that will be considered are as outlined in Article 34.

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 resume their
department seniority status from the date of layoff.

AMENDED
O-16-021

ORDINANCE

CHANGING THE NAME OF THE REVIEW AND COMMENT COMMISSION TO THE
CITIZENS ADVISORY COMMISSION FOR COMMUNITY GRANTS

CITY OF NASHUA

In the Year Two Thousand and Sixteen

The City of Nashua ordains that Part I “Administrative Legislation”, Chapter 5
“Administration of Government”, Part 3 “Administrative Code” of the Nashua Revised
Ordinances as amended, is hereby further amended as follows:

1. Move Section 5-46 “Review and Comment Commission” in Article IX “Division of Public
Health and Community Services” to new Section 5-42.1 “Citizens Advisory Commission for
Community Grants” in Article VII “Community Development Division”.

2. Delete the struck-through language and add the new underlined language as shown:

Ҥ 5-4642.1. Review-and-Comment-Commission-Citizens Advisory Commission for
Community Grants.

A. Creation; appointment of members; term of office.

(1) There is hereby created a Review-and- Comment-Commission Citizens
Advisory Commission for Community Grants consisting of five
Commissioners and not less than 20 nor more than 30 persons appointed
by said Commissioners.

(2) Three Commissioners shall be Nashua citizens representing a cross section
of the community. They shall be appointed by the Mayor and confirmed
by the Board of Aldermen. The citizen Commissioners will serve three-
year terms.

(3) One Commissioner shall be an Alderman appointed by the President of the
Board of Aldermen. The aldermanic Commissioner will serve
concomitantly with his or her term of office.

(4) Subcontracts - Seller or subcontractor shall insert in any subcontracts the clauses set forth in this
section and also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. Prime contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in this section,

16.Recycled Products

The Contractor agrees to provide a preference for those products and services that conserve

natural resources, protect the environment, and are energy efficient by complying with and facilitating
compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C.
§6962, and U.S, Environmental Protection Agency (U.S. EPA), “Comprehensive Procurement Guideline for
Products Containing Recovered Materials,” 40 C,F.R, part 247.

17.Dispute Resolution

The parties shall attempt to resolve any dispute related to this Contract as follows. Either party shall provide
to the other party, in writing and with full documentation to verify and substantiate its decision, its stated
position concerning the dispute. No dispute shall be considered submitted and no dispute shall be valid
under this provision unless and until the submitting party has delivered the written statement of its position
and full documentation to the other party. The parties shall then attempt to resolve the dispute through
good faith efforts and negotiation, Unless otherwise directed by the City, at all times Seller shall continue
performance under the Contract Documents while matters in dispute are being resolved. If the parties are
unable to resolve their dispute as described above within 30 days, the parties’ reserve the right to pursue
any available legal and/or equitable remedies for any breaches of this contract except as that right may be
limited by the terms of this Contract.

Should either party to the Contract suffer injury or damage to person or property because of any act or
omission of the party or of any of its employees, agents or others for whose acts it is legally liable, a claim
for damages therefore shall be made in writing to such other party as soon as practicable after the first
observance of such injury or damage.

Duties and obligations imposed by the Contract Documents and the rights and remedies available
thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies
otherwise imposed or available by law.

18.DOL EEO Clause for Construction Projects

Per 41C.F.R, Chapter 60, which implement Executive Order 11246, “Equal Employment Opportunity,”
September 24, 1965, as amended by Executive Order 11375, “Amending Executive Order 11246 Relating
to Equal Employment Opportunity,” October 13, 1967.

DURING THE PERFORMANCE OF THIS CONTRACT, THE CONTRACTOR AGREES AS FOLLOWS:
(1) THE CONTRACTOR WILL NOT DISCRIMINATE AGAINST ANY EMPLOYEE OR APPLICANT FOR
EMPLOYMENT BECAUSE OF RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, OR

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Lavoffs:

ARTICLE 34
LAYOFFS, RECALLS, & ELIMINATION OF POSITIONS

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:

A.

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 recall from 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 recall from layoff decisions,
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
shali be considered to be resigned from employment with the Nashua Police
Department.

Elimination of Positions:

A.

When a reduction of the work force or elimination of any employee's position
takes place, management reserves the right, power, and authority to temporarily
assign the duties to another employee/member. 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".)

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