Public Meeting

BOARD OF SELECTMEN

______

TOWN ADMINISTRATOR Daniel M. Knapik PUBLIC MEETING

Per Massachusetts General Law: All town and school boards, committees, and authorities shall post a notice of every meeting at least 48 hours prior to such meeting, excluding Saturdays, Sundays, and legal holidays. Notice shall contain a listing of topics/agenda that the chair reasonably anticipates will be discussed at the meeting.

BOARD OF SELECTMEN MEETING AUGUST 21, 2018 ~ 6:00 PM YARMOUTH TOWN HALL HEARING ROOM 1146 RT. 28, SOUTH YARMOUTH, MA 02664

The open meeting law discourages public bodies from discussing topics not listed on the agenda. The public should therefore not expect the Board to respond to questions or statements made during the Public Comments portion of the meeting.

Meeting Agenda

6:00 PM Public Announcements & Comments

6:10 PM Citation Presentation to Peter McClelland

6:15 PM Public Hearings 1. Recycling Fee Hearing (1st Reading) 2. Bass River Grille Entertainment License

6:45 PM Matrix: Police and Fire Efficiency Study Results

7:15 PM Storm Water Update

7:30 PM Barnstable Water Agreement

7:45 PM Board and Committee Actions 1. Upcoming Agenda Review 2. Individual Items

8:00 PM Town Administrator's Items 1. Consent Agenda 2. Town Administrator Updates 3. Water Resources Planning 4. Dennis - Yarmouth School Agreement 5. Mattacheese School Project

8:15 PM Adjourn

CONSENT AGENDA

BOARD OF SELECTMEN August 21, 2018

APPROVED: ______

Approval:

• Agreement between Town of Yarmouth, Massachusetts and MassCOP Local 467 Yarmouth Patrol Officers, July 1, 2018 through June 30, 2020 • Agreement between Town of Yarmouth and SEIU Local 888 Service Employee International Union Unit B, July 1, 2018 – June 30, 2021 • Agreement between Town of Yarmouth, Massachusetts and Yarmouth Police Supervisors Association Massachusetts Coalition of Police Local 427, July 1, 2018 through June 30, 2020 • Draft Letter to Barnstable County Sheriff’s Office from Chairman, Board of Selectmen • Application for Special Alcohol License from Yarmouth Chamber of Commerce for an auction at the Cultural Center of Cape Cod • Memo to BOS from Recreation Division dated August 6, 2018 re: Donations

AGENDA PACKET Board of Selectmen August 21, 2018

• Proclamation for Retired Yarmouth K9 Police Officer Peter B. McClelland • Town of Yarmouth Hearing Notice for new Recycling Fees • Entertainment License Amendment Hearing from The Grille at Bass River, with emails and letter from Dennis and Yarmouth residents in opposition to the application • Matrix Consulting Group Presentation on the Results of the Police and Fire Operational Reviews with Executive Summaries and Recommendations • Yarmouth’s Stormwater MS4 Program Presentation • Draft Water Supply Intermunicipal Renewal between Town of Barnstable and Town of Yarmouth • 2018 BOS Upcoming Agenda Items Schedule

INFORMATION Board of Selectmen August 21, 2018

• Friends of Yarmouth Council on Aging Antiques Appraisal Flyer

AGENDA ITEMS

BOARD OF SELECTMEN

______

TOWN ADMINISTRATOR Daniel M. Knapik PROCLAMATION Peter B. McClelland

WHEREAS, Peter B. McClelland served proudly as a highly decorated Yarmouth Police Department K9 Handler for 30 years before his retirement in 2010. While serving our community, Officer McClelland became widely known as the premier Police K9 Handler and Trainer in New England Law Enforcement.

WHEREAS, on Thursday, April 12, 2018 at approximately 3:30 pm, Yarmouth Police K9 Officer Sean M. Gannon and his devoted partner K9 Nero were shot by a criminal hiding in an attic space during the execution of an arrest warrant at a residence in Barnstable.

WHEREAS, Police Officers at the scene we able to extract Officer Gannon out of the attic and provide immediate emergency medical care. Tragically, despite all efforts, Officer Gannon was unable to be revived and succumbed to his wounds. Police Officers were unable to retrieve the badly wounded K9 Nero and he remained trapped in the attic space with the armed suspect for the nearly four hours.

WHEREAS, during this process, a plan was developed to have retired Yarmouth Police K9 Handler Peter B. McClelland come to the residence and retrieve wounded K9 Nero. K9 Nero was successfully recovered and carried out of the house, severely wounded, in the arms of Officer McClelland. For the next five months, Officer McClelland put his life on hold to take care of Nero 24/7 and continued to keep caring for K9 Nero until he was fully recovered and able to be brought home to Dara Gannon and her family. The Town of Yarmouth THEREFORE, we do hereby officially recognize Peter B. Board of Selectmen McClelland for his love and dedication to his fellow Police Officers and for helping to save the life of ______Yarmouth Police K9 Nero and return him safely to Norman Holcomb, Chairman the Gannon Family, on this Twenty-First Day of ______August, Two Thousand and Eighteen. Michael Stone

______Tracy Post

______Erik Tolley

______Mark Forest

TO\TN OF YARMOUTH DEPARTMENT OF PUBLIC WORKS

1146 ROUTE 28 SOUTH YARMOUTH MASSACHUSETTS 0266g451 Telephone (508) 398-2231, Ext.290 - Fax (508) 7604830 RECYCLTNG AND SOLID WASTE ADVISORY COMMITTEE

August 9,2018

Dear Selectmen,

The Recycling and Solid Waste Advisory Committee fully supports a recycling-only fee for residents and non-residents. The market for recyclables has changed drastically in the past year. As of Feb. 2018, China, once the major market for US recyclables, will no longer accept them. It now costs Yarmouth more to dispose of most recyclables than it receives from selling those few that have market value. Though the Disposal Area staff work diligently to find additional recycling markets, there are not many options in New England, let alone on Cape Cod.

There is another reason for charging for recycling-only. Yarmouth presently offers free recycling-only to non-residents. All the neighboring towns either charge to recycle or will in the near future. An informal survey by Disposal Area staff has shown that a significant number of Dennis and Barnstable residents come to Yarmouth to recycle because it is free or more convenient. It is unfair that residents of Yarmouth are subsidizing the recycling of people from other towns.

The current disposal sticker fee will continue to cover both waste and recycling. A nominal fee of $30 for residents and $40 for non-residents who choose to only recycle is reasonable considering the costs that Yarmouth must presently pay to dispose of most recyclable materials. We ask that you support this fee request.

Sincerely,

Yarmouth Recycling and Solid Waste Advisory Committee

.ot

Printed on Recycled Paper BOARD OF TOWJ{ OF YARMOT]TH SELECTT4EN I 146 Rcrute 28 South Yamroutir MASSACHUSETTS A2664-1492 Telephone (508) 398-2231. Ext. 1271"1270 - Far (508) 398-2365 TOWN .4.D]I,lINISTRATOR Da:riel K. t{nnpik August 2,2018

The Register Attn: Mary Joyce Waite

Would you please advertise the following as a Legal Ad in your newspaper on August 9, 2018.

TOWN OF YARMOUTH BOARD OF SELECTMEN ENTERTAINMENT LICENSE AMENDMENT HEARING

The Yarmouth Board of Selectmen, acting as the Local Licensing Authority, has received an application for an amendment to Weekday and Sunday Entertainment licenses from Town of Yarmouth dba The Grille at Bass River, Heather Gatchell, manager, to add outdoor entertainment to the existing Weekday and Sunday Entertainment licenses.

Outdoor entertainment will consist of a two person music ensemble with amplification. Outdoor entertainment will be limited to Wednesday - Friday between the hours of 4:00 and 8:00pm and Sundays between 9:00am and 1:00pm from May I through Sunday of Columbus Day weekend as per Board of Appeals decision #47 41.

Hearing will be held on Tuesday, August 21,2018 in the hearing room at Town Hall, 1146 Route 28, South Yarmouth. Meeting begins at 6:00pm.

Written comments will be accepted in the Selectrnen's office until 4:30pm on Friday, August 17,2018. Verbal comments will be accepted at the hearing.

Please bill the applicant for the ad:

Town of Yarmouth Town Administrator 1146 Route 28 South Yarmouth, MA 02664 508-398-223r TOWI{ OF YARMOUTH LICENSE OFFIE&,VED 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext.1268 Fax (508) 398-0836 JUL 3 0 2018 : -'.:'l LlCEi.i9I; .i., ::- : il APPLICATION FOR ANNUAL WEEKDAY AND/OR SUNDAY ENTERTAhIiAETt LICENSE AMENDMENT

The undersigned hereby applies for a license in accordance with the provisions of MA General Laws, Chapter 140 Sec. l83A amended, Chapter 351, Sec.85 ofActs of1981. Chapter 140 Sec. l8l and Chapter 136.

1;a Grtte tt P-AeS KttJ€/ NAME OF BUSINESS/CORPORATION, Qrrrrt oF /e.r,*,rt DDA NAME oF MANAGER: Hen=*re a C"{.h.\\ ADDRESS: tf x H,qhbnok Roao EMATLADDRESS' IARmint-reo qT(a- Vaz*or[. M^. Us PHONE: I

PLEASE PROVIDE A FULL DESCRIPTION OF THE ENTERTAINMENT TO BE ADDED TO THE EXTSTTNG LTCENSE(S): au>" *.upl c .o,n;cn-$k n pli{,.l l,*riA l, ttdu&q-fiwrl^ C,b o+4ffhtr* o,J, 5-^l*1, Q*^t"[g^ D*., aU,,,€O', ry14*"111le 5*,J*, "t C,l*^ba^l lbrrt*P

HOURS oF ENTERTAINMENTz 1y.d -Fci \p^ *o , Q*nr1" lpn DAYS OF ENTERTAINMENT:

{

PLEASE INCLUDE $65.00 HEARING FEE WITH APPLICATION

Page I APPLICATION FOR WEEKDAY AND/OR SUNDAY ENTERTAINMENT AMENDMENT (CONT.)

Provide a detailed description of proposed entertainment including dress or attire. description of the show. where entertainers will perform and other information to assist the Licensing Authority in making a decision. Also, please attach a floor plan showing the entertainers and dance floor area.

As part of the entertainment, will any person be permitted to appear on the premises in any manner or attire as to expose to public view any portion of the pubic area, anus, or genitals, or any simulation thereof, or whether any female person will be permitted to appear on the premises in any manner or attire as to expose to public view a portion of the breast below the top of the areola, or any simulation thereofl (Chapter 694) YES_ No x This license issued by this application is valid for the calendar year thru provided that the type of entertainment specified above does not change. In the event of a change in type of entertainment different than indicated above, a new application will be required and a new license issued.

By signing this form the applicant certifies that he/she has read Chapter 272, Section 29 thru 31 of the Massachusetts General Law.

f,l" t e ?a/g DATE, ,

Page2 TOWN OF YARMOUTH BOARD OF APPEALS DECISION

FILED WITH TOWN CLERK: July 24,2018

PETITION NO. #474I

HEARING DATE: May 10,2018 and June 28,2018

PETITIONER: Town of Yarmouth dba Bass River Golf Course

PROPERTY: 62 Highbank Road, South Yarmouth, MA Map & Lot#: 0080.117; Zoning District: R-40 Book/Pagez 4074198

MEMBERS PRE,SENT AND vorING: Steven DeYoung, chairman, sean Igoe, Dick Martin, Tom Nickinello, and Susan Briffa, Tom Baron (non-voting) Alternate.

The Petitioner, the Town of Yarmouth, seeks relief in connection with a desire to have outdoor music at the Bass River Golf Course, 62 Highbank Rd., South Yarmouth, MA. This property has been the subject of significant prior consideration by the Board of Appeals. The most recent previous decision occurred January 10, 2013. In that decision, relief was granted to allow for use of entertainment in the R-40 Zoning District in which this property is located. The Petitioner now seeks to extend that previous grant of relief by being permitted to have outdoor entertainment on the patio area adjacent to the Club House.

As was true in the previous grant of relief, much controversy arose over the request to extend the relief to include outdoor entertairunent. One Yannouth resident expressed some concems and multiple people living within the Town of Dennis expressed in both writing and in person that they were opposed to the extension of use as requested by the Petitioner.

After hearing the concerns of all parties who opposed the extension of relief, a meeting was established to allow Board members to hear for themselves the level and extent of noise that would be generated by outdoor entertairunent. One of the Town of Dennis opponents to the plan initially indicated that her property could be utilized for the purposes of hearing the level of the noise across Bass River but subsequently withdrew such offer and so the Board members that did attend did so by going down a public way on the Dennis side of the river. As well, they went to the residence of the Yarmouth persons who expressed concerns. It was generally felt by those Board members that did attend that the noise was not loud, obnoxious or bothersome and that the relief, with limitations, should be considered. At the continued hearing on June 28,2078, it was felt that the proper relief should be that of a Use Variance allowing for outdoor music to be played on the patio area of the Petitioner's Club House. Mr. Igoe proceeded to make a Motion that a Variance for outside entertainment within an R-40 ZoningDistrict be granted for a two-year period only and on the conditions that: 1.) Amplification be limited to a two-person music ensemble; 2.) That the music be lirnited to Wednesday through Friday at 4 PM to 8 PM and Sunday frorn 9 AM to I PM; 3.) That the music be pennitted each ygal from M-ay I through the Sunday of Columbus Day Weekend; and 4.) That thg Petitioner retum for a review on July 24, 2019 and on July 23, 2020 at which time it will be determined if the relief granted herein will be extended, rnodified, or eliminated. This Motion was seconded by Mr. Martin and the Board had substantial discussion as to the merits of the requested relief and the Motion made and seconded and it was felt that the Petitioner had rnet the requirements for a Use Variance. Accordingly, the Motion made, with conditions was presented to the Board for vote and the Board members voted unanimously in favor and the relief, witli conditions was therefore granted.

No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals from this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20 days after filing of this notice/decision with the Town Clerk. Unless otherwise provided herein, a Variance shall lapse if the rights authorized herein are not excised within 12 months. (See MGL c40A g10)

Steven DeYoung, Chairman Bass River Restaurant Seating PIan for Outdoor Entertainment Sq. Ft. Restaurant: 1800 Less:128&182= 67 lnside 1490 96 Outside r-r'l !7t <45> r-rt r.Tt ITI I--l tTt ITI tI E Irl lrl tTt 1-7t

40 v

t--t BO.{RD OF EOWN OF YARNfCT]TE{ ASSESSORS

i146 Route 18 South Yarmou& N,IA.SSACIIUSETTS 02664-4492 Telephone (-<08) 398-i231. E\t. 122? - Fax (5118) 398-2365 DR.ECTOR OF ASSESSN'{G l{ndtTIaEE d-o

ASSESSORS CERTIFICATION FOR ABUTTERS LIST

Date: 1 , -

Subject Name: Map # E o subjectAddress: hilr*lbr.,q. # +r-ot

To Whom It May Concern,

This is to certify that the attached Iist is a complete ti-st of abutters within the required radius of the subject lot.

List of direct abutters I Number of tabels

t / List wiihin 100' radius Number of hard copies

Other

Respectfully,

Andy Machado Director of Assessing Please list the date needed by: 701 38/ / t 70/ 64/ I I '70/ 80/ I / BYSTOCK MORTON L TRS DEWITT CHARLOTTE J HARONANCYTR BYSTOCK BETT"I'N 14 GEORGETOWN LANDING THE NANCY HARO 2OI3 TRUST 27 CHERTJB LN SOUTH YARMOUTH. MA 02664 I48 ESMEYER DR SOUTH YARMOUTH, MA 02564.3'I I5 SAN RAFAEL, CA 94903

70t 39t / I 70t 6s/ I t 80/ 73t I I FITZGERALD DANIEL C TRACY JOANMAzuE TR LIBRAND] SIBYL FITZGERALD PATRICIA A THE NEW FRANCY TRUST LIBRANDI BRIAN 3I CHERUB LN 90 ALTHEA DR 46 WAVEY MLLOW LANE SOUTH YARMOUTH, MA 02664 YARMOUTH PORT, MA 02675 MONTGOMERY, NY 12549 '70/ 56t I I 70t 66t I / 80/ 741 I I MIRISOLA IHOMAS E FERRARI .IOAN L TRS TEDGIRA LUIZ F 45 HIGHBANK FERRARI CHARLES A TRS 32 SHERIDAN RD SOUTH YARMOUTH. MA 02664 12 QUARRY HILL RD SOUTH YARMOUTH. MA 02664 UESTFORD. MA 0I886

70t 57t I I 70t 61t I t 80/ 75t I I TOSTI AUGUSTINO COWGILL KENNETH F TRS TIERNO LAURA K TOSTI LILLIAN R COWGILL LO.LENE M TRS 36 SHERIDAN RD P O BOX 274 21 GEORGETOWN LANDING SOUTH YARMOUTH, MA 02664 SOUTH YARMOLITI{, MA 0266+0274 SOUTH YARMOUTH, MA 02664 '70/ 58/ I / 70t 68t / I 80/ 76t t t LOTTI MICHAEL GUMPRIGHT GARY M TRS FULLER ROBERT D TRS LOTTI KERRY L GLMPRIGHT C\'}ITHIA TRS FULLER JOYCE M TRS 57 HIGH BANK RD 8 ORCHARD DR 5540 E NAPOLEON AVE SOUTH YARMOUTH, MA 02664.3129 PEMBROKE, MA 02359 OAK PARIi, CA 91377

70/ 59t I / 70t 69/ / I 80/ 77t I I ROY RAYMOND C TOLMAN LINDA R MURGO PAI.JLA JEAN 53 HIGHBANK RD I I GEORGETOWN LANDiNG 16I GREEN ST SOUTH YARMOUTH. MA 02664 SOUTH YARMOUTH. MA 02664 SHREWSBURY, MA 01545

'70/ 70t 60/ I I 70/ I t 80/ 78t I I TOWN OF YARMOUTH STONE KRISTIN M GERRISH PETER T TRS CEMETARY DEPT 7 GEORGETOWN LANDING GERRISH MARY T TRS l 146 ROUTE 28 SOUTH YARMOUTH, MA 02664 74 DIJDLEY RD SOUTH YARMOUTH, MA 02664.4463 BILLERICA, MA OI82I

70t 51/ I t 70t 71t I I 80/ 791 / / CROSS BRADFORD E BLTRKE GLENROY JORVELUS JEREMY CROSS DEBBI D C/O MCBEAN-BURKE PAI]LETTE JECROIS BERMANN 2 GEORGETOWN LANDING 46 HIGTIBANK RD 5 GREAT WESTERN RD SOUTH YARMOUTTI, MA 02664 SOUTH YARMOUTH, MA 02664 SOUTH DENMS, MA 02660

701 62t I I '70t 78t I I 80/ 100/ t t GRECO PHILIP S PELLEGRIM JOFIN L CHOI.JINARDDEAN GRECO MARSHA E I5 RIVERDR CHOUINARD KRISTEN IOI HILLSIDE AVE SOUTH YARMOUTH, MA 02664 I34 YANKEE PEDDLER DR HOLYOKE, MA 01040-1840 SOMERSET, MA 02726

70t 63t I I 70t 791 / I 80/ t01t I I ANDREADIS THEODORE GEORGE TROUP ROBERT L TRS ELGART BRAD MCMANUS MARGARET TROUP BARBARA J TRS CARLSON JANET 306 GREENBRIAR DR 20 RIVERDR 17 MOREY DR CHESHIRE, CT 06410 SOUTH YARMOUTH, MA 02654 ASHLAND, MA OI72I 80/ 102/ I I 80/ ttz/ I / 80/ 125/ / I LUNDEGREN SCOTT J SLATTERY LISA C GNONG EDWARD F TRS LIJNDEGREN STEPHANIE 8 COUNTRY CLUB DR GNONG FRANCES S 15 ST ANDREWS WAY SOUTH YARMOUTH. MA 0266+202I 97 HIGHBANIi RD SOUTH YARMOUTH, MA 02664 SOUTH YARMOUTH. MA 02664

80/ 103/ I t 80/ 113/ I / 80/ t26t I I NEWBOLD JOHN B BALDWIN SARAH J HIBBARD WILLIAM L C/O MCMULLEN MICHAELJ I09 LOWELL AVE I I QUAKER VILLAGE LN 6 APPLEWOOD CIR NEWTON, MA 02460 EAST SANDWICH, MA 02537 MA 01027 _EASTHAMPToN,

80/ 104t I I 80/ fi4t I I 80/ 127/ I I BALBONI VICK] L DEMIRANDA IVAN C SAKOLSKY-HOOPES GABRIELLE E 27 SAINT ANDREWS WAY DEMIRANDA GLEICE M I I3 HIGH BANIi RD SOUTH YARMOUTH. MA 02664.2048 I85 HIGH BANK RD SOUTH YARMOUTH. MA 0266+3I3I SOUT}I YARMOUTH. MA 02664

80/ 105/ I I 80/ u5/ / I 80/ tzSt I I HIGIIBANK PROPERTIES INC BURKE JOHN J HALL JEFFREY A C/O BLACK AIEX BURKE ROSANNA M HALL KATHRYN E I4I HIGHBANK RD 102 HIGH BANK RD I I9 HIG}IBANK RD SOUTH YARMOLITH, MA 02654 SOUIH YARMOUT}I, MA 0266+31J4 SOUTTI YARMOUTH, MA 02664

80/ 106t I I 80/ tt6/ I / 80/ 129t I t HIGHBANIi PROPERTIES INC MEE JOHN T MURP}IY DAVID H C/O BLACK ALEX 98 HIGHBANK ROAD MURPIIY CYNTHIA M I4I HIGHBANKRD SOUTH YARMOUTH, MA 02664 25 SHERIDAN ROAD SOUTI{ YARMOUTH, MA 02564 SOUTH YARMOUTH, MA 02664

80/ t07t / I 80/ r1'7t I I 80/ 131/ I I CARPENTER GORDON A TOWN OF YARMOUTH STARACE LESLIE W CARPENTER DIANA T BASS zuVER GOLF COURSE STAIL{CE WA}{DA L 48I BUCK ISLAND RD IJMT 38 I 146 ROUTE 28 I72A N MAIN ST WEST YARMOUTH, MA 02673 SOUTII YARMOUTH, MA 02664 4463 SOUTH YARMOUT}I, MA 0266+3120

80/ 108/ I I 80/ 118/ I I 80/ 121.11 I t PETREL HOLDINGS LLC BURNS VINCENT B TRS POWERBOBBI-JEAN IOA WEST DOVER ST BURNS VIMTA M TRS 16 CHERI.JB LN NANTUCKET, MA 02554.3930 I 1623 OLD CYPRESS CV SOUTH YARMOUT}I, MA 02664 PARRISH, FL14219

80/ t09t I I 80/ |9t I / 80/ 123.v I I TAI]PIER JOIIN H (LIFE EST) TROTTTHOMAS M SR CASH JAYNE T SYKES JOANNE RMNDR TROTT SUSAN 8THIGHBANKRD I59 HIGHBANK RD 8 LINDON LN SOUTH YARMOUTH, MA 02664 SOUTH YARMOUTH. MA 02664 SOUTH YARMOUTH, MA 02664

80/ lto/ I I 80/ 120t I I 8l/v/t LICARI CARMEN A MORELLO PAT,I- J TR COLGAN DORIS LICARI RHONDA R MORELLO PAUL J REV TRUST 19 HERRING RUN RD 43 AVERILL ST 30 HISGEN RD SOUTH YARMOUTH, MA 02664 SAINT JOHNSVILLE, NY 13452-1132 HOLLAND, MA OI52I

80/ ll1/ I I 80/ 122t I I 81/2tt/ TOOMEY RICHARD F TROTTTI{OMAS NOLAN MARY T TR TOOMEY JEAN J 8 LINDON LN BARRA REALTY TRUST I COUNTRY CLI.JB DR SOUTH YARMOUTH, MA 0266+3138 48 TEEWAY SOUTH YARMOUTI{, MA 0266+2020 SOUTH YARMOUTH, MA 02664 8r/il/t 81/ 13/ I I 8t/ 66/ / I XU JLNQING HOBEN ROBERT E JR WYCKOFF KAROL B TR YU HONG HOBEN PATRICIA C KAROL B WYCKOFF REVOCABLE TRUST 26 BUCKHILL RD IO4 HUNNEWELL ST 30 FAIRWAY RD NORTHBOROUGH. MA 0I532 NEEDHAM IIEIGHTS, MA 02494 SOUTH YARMOUTH. MA 0266+1305

81/4//t 8l/ t4/ I I 8l/ 67t I I LAVELLE ARLENE L TR RYAN MARK S ESSWEIN KAREN C ARLENE L LAVELLE TRUST RYAN KAREN D P O BOX 1492 38 TEE WAY 49 SALT BOX RD SOUTH DENNIS, MA 02660 SOUTH YARMOUTH, MA 02664 SOUTH YARMOUTH, MA 02664

81/5ttt 81/ tst I I 8l/ 68t I I YARMOUTH CONSERVATION TRUST ORMON CATIIY A TRS ENGLISH EDWARD RTRS P O BOX 376 ORMON RICHARD S TRS WOOD MARY MARIETRS YARMOUTII PORT, MA 02675 4I SALTBOXRD 40 FAIRWAY RD SOUTH YARMOUTH. MA 02664 SOUTH YARMOUTH. MA 02664

81/6/tt 8l/ 28/ I t 81/ 69t I I LICHMAN JOHN G JR LANG ANNE A TR SAIT BOX ASSOC INC O'DEA LEANN M TI{E ANNE A LANG TRUST P O BOX 553 22 TEE WAY I1 OYSTERCOVERD SOUTH YARMOUT}I, MA 02664 SOUTH YARMOUTH, MA 02664 SOUTH YARMOUTH, MA 02664

81t7/// 81/ 29t / I 8l/ 70/ t t LOMUSCIO MCKOLAS LAMPMAN JON N CO-TRS HEWITTDIANEKTR COHEN TAMMY LYNN LAMPMAN JANET A CO-TRS BEETEM NOMINEE TRUST 16 TEE WAY 2083 PIERCE CT 7OO LONGLEY RD SOUT}I YARMOUTFI, MA 02654 EL CAJON, CA 92019 GROTON, MA 01450

8I/ 8l I t 81/ 30t / I 8l/ 7t/ I / RUBIN BARTHOLOMEW M GROPMAN RICTIARD HODGIN ALBERT R RUBIN LOTTE GROPMAN MAUREEN C I1 PHILLIP AVE 8 TEE WAY 2 HIGH GROVE ROAD BURLINGTON, MA OI8O3-I 13I SOUTH YARMOUTH, MA 02654 SOUTH YARMOUTH, MA 02664

81t9ttt 81/ 591 I t 81/ 72t I I FOUR TEE WAY LLC YARMOUTH CONSERVATION TRUST MAGzu STEVEN E 27I C}IANNING RD C/O ANNE W BLIZARD TRS MAGRI KAREN M BELMONT. MA 02478 P O BOX 376 I 1A RAYMOND MARCHETTI ST YARMOUTH PORT, MA 02675-0i76 ASHLAND, MA OI72I

8r/ 101 I I 81/ 60t I I 8l/ 73t I I GARVEY RIC}IARD SALT BOX ASSOC INC KEARNEY LINDA M TRS CAMERON THAYNE L P O BOX 553 KEARNEY MCHAEL K 48 PURCHASE ST SOUTH YARMOUTH, MA 02664 19 FAIRWAY RD MILFORD, MA 01757 SOUTTI YARMOUTH. MA 02664

8l/ llt I I 81/ 64t I I 8l/ 74t I I BONASIAMICHAEL AGHABABIAN ANN MOORETHOMAS W BONASIA LYNNE M 2I5 SAND TRAP CT MOORE EILEEN A 29 TEE WAY NORTHBRIDGE, MA 01534 5 MOUNTAIN SIDE SOUTH YARMOUTH, MA 0266+2328 TOLLAND, CT 0608+2928

81/ 1?/ / I 8ll 65/ I I 8t/ '75t I I RUBIN BARTHOLOMEW M BRAGDON ALLEN C ROGERS MARY E C/O MCNAMARA THOMAS M 24 FAIRWAY RD ll FAIRWAYRD 57 EDEN PARKDR SOUTH YARMOUTH, MA 02664 SOUTH YARMOUTH, MA 02564 NORT}I ATTLEBORO, MA 02760 81/ 781 t / 90/ 5i/ / I 9t/1lt/ GRECO ROSALIND A BANK OF NY MELLON TRUST CO CAPOBIANCO RICHARD F TR 226 STOI.N, MILL LN C/O OLADOSU DAMILARE RICHARD F CAPOBIANCO TRUST EAST BERLIN. CT 06023 9 BIG BLUE DR 227 HIGHBANK RD MILTON. MA 02I85 SOUTH YARMOUTH. MA 02664

8l/ '79t I I 90/ 54t / t 9t/3ttt RUBIN BART BUCHELT MARGARET A DUOIE REVOCABLE TRUST RUBIN LOTTIE C/O KNIGHT SHEILA A I I FAIRWOOD RD 8 TEE WAY 14 TERN RD SOUTH YARMOUTH. MA 02664 SOUTH YARMOUTH, MA 02664 SOUTH YARMOUT}I. MA 02664

81/ 80/ t t 901 55/ t I 91 106/ / I SEQTNN ROBERTJ MIMCHIELLO LEEANN SULLIVAN KELLY A SEQUN STEPHAMEJ I97 HIGHBANK ROAD I OUTOFBOUNDSDR I8 HERRING RUN RD SOUTH YARMOL]"TH, MA 02664 SOUTH YARMOUTH. MA 02564 SOUTH YARMOUTH. MA 02664

8r/ 8l/ I t 90t 56/ I I 9U t01t I t MYATT ROBERT LEONARD HARTRANFTEDWIN A TR RE'INOLDS THOMAS E MYATT SANDRA JO EAHNOMINEETRUST REYNOLDS GRACE M 8 ERIC RD 224 MID PINE DR 7 OUT OF BOUNDS DR NORFOLK, MA 02056 YARMOLITH PORT, MA 02675-1642 SOUIH YARMOUTH. MA 02664.2040

81/ 171t I t 90/ 57t I t 9v 109/ t t TEGLAS JANE B TRS ACHEE JEFFREY D SULLIVAN IDA MAE C/O TEGLAS RUSSELL ACHEE LISA SI.JLLIVAN JOSEPH R 88 PARI( AVE APT 3OI 3I KNOLLWOOD DR 5170 WASHINGTON ST UMT 307 ARLINGTON, MA02476 NEW }IARTFORD, CT 06057 WESTROXBURY, MA 02132

81/ 621t I t 90/ 58/ I I 91/ ll0/ t t LAPLANTEWILLIAM J JR SWANSON DARRYL J TRS MURRAY WILLIAM TTR LAPLANTE ANDREA SUSAN LALIJMEREDONNAJ C/O MURRAY MCHAEL W 5 BRIDLE PATH I GREEN WAY I I HOLE IN ONE DR PLAINVILLE, MA02767 SOUTH YARMOUTH, MA 0266+2027 SOUTH YARMOUTII, MA 02664

90t 45/ I 901 59t I t 9vu9lII LYNCH ROBERT MESMER NANCY F TR COTTER WINIFRED N LYNCH LORRAINE C/O CONROY PAUL D IO FAIRWOOD RD 77 RYDER RD 5 HATTIAWAY CIR SOUTH YARMOUT}I, MA 02664 HARWICH, MA 02645 ARLINGTON, MA024'76

901 461 I 901 601 I I 911 120/ / I JACKSTADT KRIS T HIGGINS MARY JEAN DIXON SHARON KINGMAN (LIFE EST) JACKSTADT MARY E 38 TLI\rXIS CIR 235 HIGHBANK RD 201 FOX DEN CIR MERIDEN, CT 06450 SOUTI] YARMOUTH, MA 02664 NAPLES, FL 34I04

90/ 47t I I 901 10'il I I 91t t21t I I RUSSO JOSEPH DUC}IARME STEPHEN M DAVIS JAMES R

I I LANTERN LN DUCHARMEPAI]LAM DAVIS ELIZABETH J WEST ROXBURY, MA 02 I 32 40 DOUGLAS RD 243 HIG}IBANKRD SUTTON, MA OI59O SOUTH YARMOUTH, MA 0266+2312

901 481 I I 9vvtt 911 t22t I / CARON MARIE E CARPENTER ANNA M TR VALERIO FABIO 15 TERN RD THE CARPENTER FAMILTY TRUST WHITE SARA SOUTH YARMOUTH, MA 02664.2051 8 GREEN WAY 13 PINECRESTDR SOUTH YARMOUTH, MA 02664.2028 FORESTDALE, MA 02544 9t/ 2|/ t / ARGYRIADIS ANGELO Please use this signature to certify this list of properties ARG}RIADIS ANGELA P O BOX l28s abutting within 300' of the parcel located at: DENNIS PORT. MA 02639-I285 62 Highbank Rd., South Yarmouth, MA 02664 Assessors Map 80, Lot 1 17 9v 212/ t / 't- FITZMAUR]CE SHAWN P TR R FITZMAURICE FAMILY TRUST Andy Machado, Director of Assessing 9 COVE VIEW DR SOUTH YARMOUTH, MA 02664

9v 2t3t I / COSTA ANTONIO P COSTA ROBIN M 3 COVE VIEW DR SOUTH YARMOUTH. MA 02664

9t/ 214t I t ARGYRIADIS GEORGE ARGYRIADIS DIMITRA P O BOX l28s DENNIS PORT, MA 02639.5285

911 2tsl t / ANTONELLIS RICIIARDW ANTONELLIS JOSEPHINE H 209 MORSE RD SUDBURY, MA 01775

91t 216t / t KENNEDY REGINA G 18 COVEVIEW DR SOUTH YARMOUTH. MA 0266+2344

9t/ 223t / I MERITUS JEAN E MERITUS MARIE VERLINE 258 HIGIIBANK RD SOUTH YARMOUTI{ MA 02664

9t/ 2141 I I WILLIAMS JEFFREY H RAFFERTY MARJORIE 252 HIGHBANK ROAD SOUTH YARMOUTI{, MA 02664 TOWN OF YARMOUTH

AFFTDAVIT OF MAILING OF NOTICE

FOR SECTION 14 SPECIAL ALCOHOL LICENSE APPLICAION

,, Trt^rn the undersigned person, hereby -t4'r,f* , artest and affirm ihat on or before the date of signature below I personally mailed notice of this Application to each of the abutters cn the attached list by First Class Mail, posiage prepaid.

Signed under the penalties of perjury this f,. arv ot -,--4{#tr}-:ors. U

Print Name

Results of the Police and Fire Operational Reviews Yarmouth, Massachusetts Scope of Work for the Study

 Evaluating current police and fire delivery of service in Yarmouth.

 Comparing public safety services to ‘best management practices’ in the industry and on the Cape and New England.

 Evaluating police and fire staffing and operations.

 Evaluating the deployments of resources by time and geography.

 Identifying any organizational and cross functionalities in police and fire, including opportunities for shared services.

 Analyzing public safety management needs.

 Evaluating facilities, equipment and the use of technology.

 Evaluating opportunities to increase efficiency and/or cost effectiveness through a shared services model. Methodological Overview

 Extensive input from the Police and Fire Department employees through interviews and an online survey.

 Comprehensive data collection regarding organizational structure, resource allocation, workload demands, staffing levels and utilization.

 Assessment of public safety service delivery and resource options.

 Collaborative study process to discuss project status, findings and recommendations. Key Findings – Police Patrol (1)

 Requests for police services follow a predictable daily pattern.

12a 3a 6a 9a 12p 3p 6p 9p  While seasonality is a factor it is not as great as expected. Key Findings – Police Patrol (2)

 The types of incidents occurring in Yarmouth underscore where it is and its demographics. Key Findings – Police Patrol (3)

 Call hot spots are distributed in several key parts of the Town. Key Findings – Police Patrol (4)

 In spite of this, officer abilities to be proactive are extraordinarily high and consistent throughout the day.

 Minimums during the day and evening hours should be five officers but nights could be staffed with four officers especially after midnight.

 Sergeants need to take a more active role in directing field activities and problem-oriented assignments. Key Findings – Police Patrol (5)

 There are significant issues with the patrol shift structure in Yarmouth:

 Depending on hire date, officers are on different shifts.

 Sergeants are on different shifts than the teams they supervise.

 The differing shifts have different levels of officer availability impacting costs.

 The shift structure results in relatively high levels of overtime – approximately $677,000 per year.

 Implement a unified structure based on a 4 on / 2 off rotation. This is subject to collective bargaining.

 Make the same change for sergeants which will result in assigning equal numbers of supervisors on each shift.

 Expand the practice of hiring back for partial shifts to meet peak workload demands. Key Findings – Police Investigations

 Maintain current detective staffing – caseloads are appropriate for existing staff.

 Add a full time sergeant for PAC to improve planning, oversight and accountability for work performed.

 Detectives have equipment needs to improve their effectiveness (e.g., cell phone download capability). Key Findings – Police Admin

 Develop performance measures for records and track workloads.

 Expand front counter coverage during weekdays (from 9am to 4pm).

 Reduce the number of items in evidence through returns, sales or destruction.

 Conduct random audits of evidence stored.

 Convert the Records Officer to a non-sworn supervisory position over records and evidence.

 Restrict the assignment of take-home cars based on need for that additional vehicle in the fleet.

 Develop a fleet replacement plan which spreads out acquisitions rather than large-scale replacement of the fleet.

 Purchase body worn cameras for all personnel in patrol. Key Findings – Police Management

 Reassign selected administrative tasks from the Lieutenants to the Deputy Chief.

 Reassign other tasks among Lieutenants.

 Ensure that a lieutenant can provide oversight on evening and night shifts.

 Make changes to the employee performance appraisal system so that accountability and improvement opportunities are clearly identified.

 Change the payroll reporting process to avoid duplication of data entry and provide appropriate training for staff performing inputting. Key Findings – Fire Operations (1)

 Requests for Fire and EMS services also follow a predictable daily pattern.

12a 3a 6a 9a 12p 3p 6p 9p  Seasonality is a factor it also not as great as expected.

800

700

600

500

400

300

200

100

0 Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Key Findings – Fire Operations (2)

 Over 80% of calls for service are EMS related.

 Develop and monitor call processing, turnout and travel times.

 Response times to fire and emergency medical calls for service provide a reasonable level of coverage for the Town, though coverage in parts of the Town are an issue.

 Concurrent emergency medical calls are a major issue for the Town resulting in the need for additional capacity – we recommend a new peak hour unit. Concurrent Calls For Service 2017 %

1 2,132 30.1% 2 2,116 29.9% 3 1,417 20.8% 4 775 10.9% 5 329 4.6% 6 + 258 3.6% Key Findings – Fire Operations (3) Key Findings – Fire Operations (4) Key Findings – Fire Programs

 Create a strategic planning committee to work on a long range plan for Fire and EMS services.

 Work with the collective bargaining group to develop an employee performance evaluation system.

 Convert the EMS Lieutenant to a Captain.

 Make improvements to the Department’s training program and involve staff in the development of these changes.

 Negotiate with the union to convert the second prevention position to a Lieutenant.

 Create an apparatus replacement plan with appropriate benchmarks. Key Findings – Shared Services

 There is extensive shared services on the Cape for both police and fire services, including:

 Training

 Emergency response

 Major crime and fire investigations

 While there are limited opportunities for significant expansion of additional shared services, they should be explored. Continued participation in regional consortia is encouraged.

 Consolidate police and fire communications:

 Consolidate police and fire dispatch and locate staff in the police facility in the short term while evaluating long term options.

 Create shift lead positions from within the unit.

 Create a dispatch supervisor position.

 Continue to look for wider regional dispatch opportunities.

Comprehensive Environmental Incorporated

YARMOUTH’S STORMWATER MS4 PROGRAM

Where We Are and Where We’re Going

August 21, 2018 Overview

•What is Stormwater? •Stormwater Regulation Background •MS4 Permit Requirements •Notice of Intent (NOI) •Stormwater Management Program •Other Stormwater Projects •Questions What is Stormwater?

•In short, water that runs off during precipitation events Natural Conditions: forests Developed Conditions: impervious and soils absorb most of it areas create much more runoff

10% 40% Stormwater Regulation Background

•Regulated by U.S. EPA under Clean Water Act (1972)

•NPDES = “National Pollutant Discharge Elimination System” •What is it really? = regulations on pollutant discharges into waterbodies

Photo source: http://www.aulithotech.org/services/bindery/ •Phase I: regulated communities >100,000 people in 1990 •Phase II: MS4 communities >1,000 people in 1999 • Permits from 2003 and 2016 MS4 Permit Requirements Renewal to 2003 Effective July 1, Permit Released in 2018 April 2016

What’s Required • Notice of Intent (NOI) • Stormwater Management Program (SWMP) Plan • Six Minimum Measures • Impaired Waters Notice of Intent (NOI)

•Due October 1, 2018 • Receiving Waters & Outfalls • Endangered Species & Historic Properties • Proposed Best Management Practices (BMPs) & Responsible Departments •Public Notice – 30 Day Comment Period •Authorization to Discharge

NOI Drafted 2016 Stormwater Management Program

Public Education & Outreach •Due June 30, 2019 •Written Plan to Public Involvement & Participation Support NOI Illicit Discharge Detection & Elimination (IDDE)

Construction Site Stormwater Controls/Regulations Minimum Measures Post-Construction Site Stormwater

Six Controls/Regulations

Good Housekeeping

NOI Drafted 2016 Public Education & Participation

Residential Developers Topics: Distribution: Topics: Distribution:

• IDDE • Printed materials • Eros. & sed. • Permit applications • Lawns • Door hangers controls • Website • Pet waste • Pet license renewal • LID • Septic maint. • Website • CGP Business Industry Topics: Distribution: Topics: Distribution:

• IDDE • Toxic / hazardous • IDDE • Toxic / hazardous • Lawns material license • Parking lots material license • Infiltration application • CGP application • Parking lots • Business license • Website • Website Public Involvement & Participation

•Comply With State Public Notice Requirements •Make All Reports Available to the Public – Post Online •Annually Provide Public Participation in SWMP IDDE – What’s Been Done?

• Drainage Infrastructure Mapping Completed in GIS • IDDE Plan Drafted in 2016 • Outfalls ranked & prioritized • System Vulnerability Factors (SVFs) Evaluated • Standard Operating Procedures Developed • Dry weather outfall inspection • Wet weather sampling • Dry weather key junction screening • Formats for processing data IDDE – What’s Left?

•Finalize IDDE Plan •Dry Weather Inspection & Sampling of All Outfalls – 3 yrs •Dry Weather Inspection & Sampling of Key Junctions – 10 yrs

No Wet Weather Sampling at This Time Construction Site Runoff Control & Post Construction Stormwater Management •Written Inspection and Site Plan Review Procedures – 1 yr •Updated Regulations – 2 yrs •Assess Design Standards for Streets & Parking – 4 yrs •Assess Feasibility of Green Infrastructure – 4 yrs •Identify Sites for BMP Retrofits – 5 yrs •Track # of site reviews, inspections, & enforcement actions In Progress – Regulations Take Time Good Housekeeping & Pollution Prevention

•Inventory Municipal Facilities & Activities – 2 yrs •Written O&M Procedures – 1-2 yrs (Drafted 2015) • Parks & open space • Building & facilities exposed to runoff • Vehicles & equipment • Infrastructure • Stormwater Pollution Prevention Plans (SWPPPs) – 2 yrs – Maintenance garages – Public works yards – Transfer stations – Other waste handling Photo source: http://candswaste.com/california/lakeport Good Housekeeping & Pollution Prevention

•Infrastructure • Street sweeping • Annually in Spring • More frequently for targeted areas – nutrient impairments • Report # miles cleaned or quantity of material removed Photo source: http://pubs.usgs.gov/sir/2007/5156/ • Catch Basin Cleaning • Maintain <50% full • Prioritize & optimize cleaning • Report # inspected, cleaned & total quantity of materials removed in annual reports • Structural Stormwater BMPs • Minimum annual inspection

Photo source: http://www.superproductsllc.com/applications/ Yarmouth Impaired Waters Impairment Impaired Water Requirements Chase Garden Creek, Mill • Pet waste & septic system education Creek, Parkers River, Bass Fecal TMDL • Designate “Problem Catchment” or “High” River, Hyannis Inner Priority for IDDE Harbor, Lewis Bay • Landscaping education • Regulations specify BMPs optimized for Nitrogen Lewis Bay, Mill Creek, nitrogen removal TMDL Hyannis Inner Harbor • Landscaping practices for municipal property • Street sweeping 2x/yr • Landscaping education • Regulations specify BMPs optimized for nitrogen removal • Landscaping practices for municipal Nitrogen Bass River, Parkers River property Draft TMDL • Street sweeping 2x/yr • Nitrogen Source Identification Report – identify catchments with high loads, retrofit opportunities, demonstration BMP Other Stormwater Projects

•Several Nitrogen Impaired Waters • Septic Wastewater is the Primary Source • Small Amount From Stormwater Runoff •Bacteria is Also a Problem

Aggressive Roadway Drainage Obtained Several CZM Grant Disconnection Program to Incorporate Nitrogen Removal Comprehensive Environmental Incorporated

QUESTIONS?

WATER SUPPLY INTERMUNICIPAL RENEWAL BETWEEN TOWN OF BARNSTABLE AND TOWN OF YARMOUTH PREAMBL E

This Renewal Agreement (hereinafter "Renewal Agreement'), made and entered into this 1st day of June 2018 and executed in duplicate (each executed copy constituting an original) between the Town of Barnstable, a Massachusetts municipal corporation with a principal place of business at 367 Main Street, Hyannis, MA 02601-3907, acting by and through its Town Manager (hereinafter "Barnstable") and the Town of Yarmouth, a Massachusetts municipal corporation with a principal place of business at 1146 Route 28, Yarmouth, MA 02664, acting by and through its Board of Selectmen (hereinafter referred to as "Yarmouth") (both Barnstable and Yarmouth are together, referred to herein as the "Members ").

RECITALS

WHEREAS Barnstable has been working cooperatively with the Massachusetts Department of Environmental Protection (DEP) to curtail pumping from 4 drinking water supply wells within the Hyannis Water System; ·

WHEREAS Barnstable and Yarmouth entered into a water supply intermunicipal agreement on July 20, 2015 for the temporary supply of water by Yarmouth to Barnstable (hereinafter "existing agreement");

WHEREAS Barnstable has had a temporary agreement for the delivery of water from Yarmouth since March 2016

WHEREAS, Barnstable desires to revise the existing agreement with Yarmouth for Five (5) years to supply water to the greater Hyannis area in Barnstable; and Yarmouth is willing to supply water on the terms and conditions set forth herein; and

WHEREAS, M.G.L. Ch. 40, §4A allows the Chief Executive Officers of cities and towns to enter into agreements with one or more other governmental entities to perform jointly, activities or undertaking which any of the contracting governmental entity is authorized by law to perform; and

WHEREAS, said M.G.L. Ch. 40, §4A sets forth requirements for, and parameters of, such "intermunicipal agreements";

WHEREAS, the Members participating in this Renewal Agreement each has authorized participation in this Renewal agreement by the Town Manager in the case of Barnstable and by vote of the Board of Selectmen in the case of Yarmouth (a copy of which is attached hereto as Exhibit A); and Barnstable has, to the extent appropriate, authorized a specific appropriation for, and/or the borrowing of, its costs of the activities to be undertaken under this Renewal Agreement; and

WHEREAS, the Members lie, geographically, adjacent to each other and desire to enter into this Renewal and Reactivation Agreement; ·

NOW, THEREFORE, the Members, in consideration of the above premises and the mutual benefits to be derived by the Members hereto, pursuant to the authority contained in M.G.L. Ch. 40, §4A, do hereby mutually agree as follows: ARTICLE I

SCOPE OF WORK

Barnstable agrees to maintain the permanent interconnection water pipe and fittings (hereinafter water service "infrastructure"), on the real estate in Barnstable and Yarmouth as shown on the plans and specifications attached hereto as Exhibit B (the "Premises"). Yarmouth agrees to supply up to 500 gallons per minute (gpm) water to Barnstable commencing on June 1, 2018. Barnstable's continued use of the water service infrastructure and Yarmouth's supply of water through the infrastructure to Barnstable is generally referred to herein as the "Project". The parties' rights and obligations under the Project are subject (to the terms and conditions further described herein).

ARTICLE II

RIGHTS AND OBLIGATIONS OF THE M EMBERS

1. Barnstable agrees to be solely responsible for maintenance of said infrastructure including, but not limited to, a backflow device installed to ensure that water from the Hyannis Water System does not enter the Yarmouth Water System. Barnstable further agrees to pay for any costs and expenses incurred by Yarmouth to connect Barnstable’s waterlines and the infrastructure and has appropriated sufficient sums to cover the costs and expenses for the Project Costs and expenses (Renewal and Reactivation Agreement). Barnstable further agrees to pay any costs which may be required in order for Yarmouth to satisfy Water Management Act permit requirements with respect to the increased volume of water drawn from the Yarmouth Water System in order to supply water to Barnstable,

2. Prior to reactivating the infrastructure on private property within the Town of Yarmouth, Barnstable shall acquire the license renewal for said equipment from all such private property owners and shall submit to Yarmouth all easements or other renewal and reactivation agreements which such licenses and easements shall be in a form that are reasonably acceptable to Yarmouth, and which shall be annexed to this Intermunicipal Renewal and Reactivation Agreement.

3. The Project shall be subject to all by-laws, rules, regulations and policies of Yarmouth for the distribution of water, as the same may be amended and changed from time to time by the Board of Selectmen. Barnstable acknowledges receipt of and acceptance of those by-laws, rules, regulations and policies as they apply to the Project and agrees to maintain compliance with the same.

4. Barnstable shall compensate Yarmouth for water delivered to Barnstable, as determined by a meter located at the interconnection to the project. The rate shall be $3.53 per 1,000 gallons of water plus an Annual Base Fee. The Annual Base Fee shall be $15,000 for Fiscal Year 2019, $18,000 for Fiscal Year 2020, and $20,000 for Fiscal Year 2021. The Annual Base Fee will be billed on July 1st of each year. The Annual Base Fee will be paid even if water is not accepted by Barnstable.

5. Yarmouth shall bill Barnstable monthly for water use based on the meter located at the interconnection to the Project.

6. Yarmouth shall determine the limits of water supplied to Barnstable. If Yarmouth’s ability to supply water to Barnstable is inhibited by a prolonged shutdown, or substantial impairment of any of Yarmouth's wells, storage facilities, distribution facilities, and/or any other operating components of Yarmouth's system, or any other reason in Yarmouth officials' estimation which would threaten the users of Yarmouth's system, Yarmouth will notify Barnstable as soon as practicable before the reduction once Yarmouth has knowledge of the limitation.

7. Yarmouth will provide water quality statistics on a regular basis and results of water tests to the system as required by law and regulation to Barnstable. ARTICLE III

TERM / AMENDMENTS / INDEMNITY

1. The term of this Renewal and Reactivation Agreement shall commence upon execution and terminate on December 31, 2020 and is renewable for an additional period of time by mutual written Renewal and Reactivation Agreement of the parties, unless sooner terminated as herein provided. The parties intend that the Members entering into this Renewal Agreement are the sole and exclusive beneficiaries of the Renewal Agreement.

2. This Renewal Agreement shall not take effect until it has been executed by both Members, at which time, it shall become the binding and legally enforceable Renewal Agreement of each such Member.

3. Amendments

No officer, official, agent, or employee of any Member shall have the power to amend, modify or alter this Renewal Agreement or waive any of its provisions or to bind any of the other Members by making any promise or representation not contained herein except by an authorized written amendment requiring a vote of the Board of Selectman of Yarmouth and the approval of the Town Manager of Barnstable. Said amendment shall be executed in the same manner as this Renewal Agreement is executed. No Members may rely on any conduct, statements, action, inaction or course of conduct of the employees, agents or officers of any other Members as having changed, modified or amended this Renewal. No Members shall be construed as waiving any provision of the Renewal Agreement unless the waiver is executed in writing as an amendment to this Renewal Agreement. No waiver by any Members of any default or breach shall constitute a waiver of any subsequent default or breach. Forbearance or indulgence in any form or manner by any Members shall not be construed as waiver of any term or condition hereto, nor shall it limit the legal or equitable remedies available to the Member.

4. Assignment

The Renewal Agreement shall not be assigned or transferred by any Member without the express written consent of the other Member, given with the same formalities as are required for the execution of this Renewal and Reactivation Agreement.

5. Hold Harmless/Indemnification

To the extent permitted by law, and subject to the limitations imposed thereby, Barnstable hereby agrees to indemnify and save harmless Yarmouth and its respective officers, agents, representatives and employees against any and all liability, claims and expenses arising from Barnstable's acts or omissions of any one of its officers, agents, representatives, employees or contractors, relating to the Project and the continuing maintenance, operation, repair and use of the infrastructure installed in connection with the Project, which limitations are not waived expressly or by implication. This indemnity shall include, subject to the same limitations, but shall not be limited to, any actions or omissions of Barnstable, its officers, agents, employees and contractors relating to the performance of the Project obligations and representations related hereto and required of or made or omitted by each individually and their officers, agents, representatives, employees and contractors under this Renewal and Reactivation Agreement including, but not limited to, liability deriving from state and federal environmental and/or regulatory administrative findings or orders or actions under present or future laws or regulations, or regulations, or claims for damages on account of injury to person, or property or the environment caused by an act or omission of any one of them, their officers, agents, representatives, employees or contractors, or any fines, penalties or monetary awards which arise out of any one of their acts or omissions under the terms of this Renewal Agreement. This responsibility shall include all costs and counsel and collection fees relating to Yarmouth's right to enforce its rights in equity and its rights to seek damages, both of which rights are explicitly acknowledged and agreed to without exclusivity.

6. Force Majeure

No failure or delay in performance shall be deemed to be a breach of this Renewal and Reactivation Agreement when such failure or delay is occasioned by or due to any Act of God, war, riot, epidemic, explosion, sabotage, breakage or accident to machinery or lines or pipe,

material, or equipment not attributable to the fault or neglect of a party hereto, the binding order of any court or government authority, provided such order shall not be the result of the neglect or conduct of any one Member causing such order to issue, or any other cause whether of the kind herein enumerated or otherwise not within the reasonable control of the Member against whom a breach is alleged. All Members agree to exercise all diligent and good faith efforts to remedy such failure or delay at the earliest possible time.

7. Reports and Records

Each member shall notify the other Member in writing and keep the other Members informed of the changed names and titles of its official or officials responsible for the implementation of the terms of this Renewal Agreement.

8. Remedies

In addition to the remedies, power and authority which each Member has at law or under its ordinances, by-laws, rules or regulations the following remedies shall be available to each Member:

a. If any Member fails to fulfill any material obligation or condition of this Renewal and Reactivation Agreement (either a "Defaulting Member"), the other Member has the right to suspend this Renewal Agreement by giving sixty (60) days (a "Default Notice"), in writing, of their intent to do so (the "Default Notice Period"). Upon receipt of such notice, the Defaulting Member shall have the right to prevent suspension by curing the default within thirty (30) days and diligently and continuously pursuing such cure to completion within any additional time which may be necessary to affect such cure. Suspension shall not release any Member from its obligation to pay all bills or sums due prior to suspension, in accordance with this Renewal and Reactivation Agreement.

b. Each Member reserves the right, either in law or equity, by suit, and complaint in the nature of specific performance or other proceeding, to enforce or compel performance of this Renewal Agreement.

c. If any administrative board, commission or division of the state or federal government or any court materially impairs, alters, restricts or limits, directly or indirectly any Member's rights, powers or authority to perform under this Renewal and Reactivation Agreement, and such governmental action was not the result of any omission or action by that Member, such Member may suspend this Renewal Agreement by giving sixty (60) days written notice to the other Member. Any suspension under this clause shall not release said Member from its obligation to pay any sums due and all bills owed for services previously rendered, unless to do so would be in violation of a final administrative or judicial decree, order or ruling. The notice of suspension shall be given within five (5) business days after either Member receives written notice of the action or decision of such agency, board, commission, division or court. It is the intent of this notice provision to give the other Member as much advance notice as possible. Each Member shall notify the other Member of the formal institution of any proceeding or the issuance of any formal order which materially impairs, restricts or limits, its rights, powers of authority to perform under this Renewal and Reactivation Agreement, so that the other Member may, if it chooses, participate in such proceedings or challenge any such order. At the conclusion of any such proceedings or challenge adverse to the Members, including the expiration of all appeals, either Member may terminate this Renewal and Reactivation Agreement in compliance or accordance with any final decision or ruling, after first meeting with the other Member to negotiate over amendments, if any, which could eliminate the need for such termination. Each Member will at all time use its best efforts to defend its right to act under this Renewal and Reactivation Agreement before such administrative board, commission, division or court.

d. The remedies set forth in this Renewal Agreement are separate and cumulative, and the election of one does not preclude use of another.

9. Emergencies

Each Member shall immediately, within not more than twenty four (24) hours, notify the other Member of any emergency or condition which may affect its participation in or the carrying out of its responsibilities under this Renewal Agreement.

1 0. Members(s) Employees

Employees, servants or agents of either of the Members shall not be deemed to be agents, servants or employees of any another Members of any purpose including, but not limited to, either Workers' Compensation or unemployment insurance purposes.

11. Service of Notice - All notices or communications permitted or required by this Renewal Agreement must be in writing and shall:

As to Yarmouth to be delivered or mailed by certified mail, return receipt requested to the Town Administrator, 1146 Route 28, South Yarm.outh, MA 02664-4.492.

As to Barnstable, to be delivered or mailed by certified mail, return receipt requested, to Director of Public Works, 382 Falmouth Road, Hyannis, MA 02601. Except in the case of emergencies, to Barnstable by electronic mail message to [email protected] and Yarmouth by electronic mail to [email protected].

12. Severability/Headings/Integration - If any provision of this Renewal Agreement is declared or found illegal, unenforceable or void, then both parties shall be relieved of all obligations under the provision. The remainder of the contract shall be enforced to the fullest extent permitted by law. The headings are used for reference only and shall not be a factor in the interpretation of this Renewal Agreement. This Renewal Agreement shall supersede all other verbal and written Renewal and Reactivation Agreements and negotiations by the parties relating to performance of the obligations under this Renewal Agreement and contains the full and complete Renewal Agreement of the parties on this subject.

IN WITNESS WHEREOF, the Members have caused their proper representatives on the day and year first above written to execute this Renewal Agreement:

TOWN OF BARNSTABLE TOWN OF' YARMOUTH By its Town Manager By its Town Administrator

Mark Ells Daniel Knapik

As authorized by vote of the Board of Selectmen _, 2018

BOARD AND COMMITTEE ACTIONS TOWN OF YARMOUTH BOARD OF SELECTMEN PROJECTED 2018 AGENDA ITEMS

AUGUST 14 NO MEETING

• CITATION PRESENTATION TO PETER MCCLELLAND • RECYCLING FEE HEARING – 1ST READING • BASS RIVER GRILLE ENTERTAINMENT LICENSE AUGUST 21 • STORM WATER UPDATE • BARNSTABLE WATER AGREEMENT • MATRIX – POLICE & FIRE EFFICIENCY STUDY RESULTS • CONSENT: COLLECTIVE BARGAINING (CHRIS) • CAPE COD COMMISSION UPDATE BY KRISTY SENATORI • CULTURAL CENTER – PACKET LANDING SCULPTURE & STENCILING / PUBLIC ART AUGUST 28 • RECYCLING FEE HEARING – 2ND READING • VEHICLE FUEL EFFICIENCY POLICY • COMMITTEE HANDBOOK • FY20 BUDGET OVERVIEW NO MEETING SEPTEMBER 4 LABOR DAY • SPECIAL ALCOHOL & ENTERTAINMENT LICENSES FOR

NORM AWAY WEDDING AT SENIOR CENTER (MAYDENE THOMPSON) SEPTEMBER 11 • TOWN COUNSEL OFFICE HOURS

SEPTEMBER 18 NO MEETING

• GREEN COMMUNITIES APPLICATION SEPTEMBER 25 • LAND DISPOSITION DISCUSSION • CAPE LIGHT COMPACT 3-YEAR PLAN PRESENTATION • ENERGY COMMITTEE ANNUAL UPDATE • CVEC UPDATE / NEXT FY ROUND 1 ADDER OCTOBER 2 • GOLF STUDY RESULTS / FINAL REPORT • MATTACHEESE BALLOT QUESTION • SPECIAL TOWN ELECTION BALLOT REVIEW NO MEETING OCTOBER 9 COLUMBUS DAY

• OPIOID LITIGATION UPDATE • PROBLEM PROPERTIES UPDATE OCTOBER 16 • LIBRARY STUDY PRESENTATION • DPW UPDATE ON PROPOSED ROAD PROJECTS • TOWN COUNSEL OFFICE HOURS

OCTOBER 23 NO MEETING

Updated 8/16/2018 TOWN OF YARMOUTH BOARD OF SELECTMEN PROJECTED 2018 AGENDA ITEMS

• ENVISIO: STRATEGIC PLAN IMPLEMENTATION UPDATE WORKSHOP OCTOBER 30 • COMMUNICATIONS PLAN DISCUSSION MEETING • REVENUE WORKSHOP NO MEETING NOVEMBER 6 ELECTION DAY

NOVEMBER 13

NOVEMBER 20

NOVEMBER 27 NO MEETING

NO MEETING DECEMBER 4 DY VOTE

DECEMBER 11 • 2019 ANNUAL LICENSE RENEWALS

DECEMBER 18

NO MEETING DECEMBER 25 CHRISTMAS DAY NO MEETING JANUARY 1 NEW YEAR’S DAY

• RENAMING POLICY • COMMITTEE REPORTS • TOWN MEETING ATTENDANCE • BOS POLICY ON COMMITTEE MEMBERSHIP • CAPE COD COMMISSION'S REVIEW OF DEVELOPMENTS OF REGIONAL IMPACT (DRI'S) • AGENDA TIMING & ITEM MOVEMENT DISCUSSION

Updated 8/16/2018

CONSENT AGENDA ITEMS CONSENT AGENDA

BOARD OF SELECTMEN August 21, 2018

APPROVED: ______

Approval:

SECTION SUBJECT PAGE

ARTICLE I RECOGNITION 3 ARTICLE II LONG RANGE GOALS 3 ARTICLE III NON-DISCRIMINATION 3 ARTICLE IV UNION SECURITY/UNION LEAVE & TIME OFF 4 ARTICLE V STABILITY of AGREEMENT 5 ARTICLE V I CONSTITUTIONAL RIGHTS 6 ARTICLE VII GRIEVANCE PROCEDURE 6 ARTICLE VIII DISCIPLINARY ACTION 7 ARTICLE IX PUBLIC COMPLAINTS 9 ARTICLE X SHIFT ASSIGNMENTS/TEMP SHIFT 9 SHIFT CHANGE/SHIFT SWAPS/SHIFT COMP. 9 ARTICLE XI OVERTIME/COMP/TRAIN/ACADEMY/LTS COVER 14 ARTICLE XII UNIFORMS/MAINTENANCE 15 ARTICLE XIII DETAILS 17 ARTICLE XIV SICK LEAVE/BANK/SELL BACK 20 ARTICLE XV FUNERAL LEAVES 23 ARTICLE XVI LEAVES OF ABSENCE 24 ARTICLE XVII VACATIONS/HOLIDAYS/FLOATING HOLIDAYS 25 ARTICLE XVIII INSURANCE/HOSPITALIZATION 28 MENTAL WELLNESS ARTICLE XIX LIGHT DUTY / APPEALS PROCESS 29 ARTICLE XX DOCTORS BILLS 32 ARTICLE XXI COURT TIME 32 ARTICLE XXII USE OF PERSONAL EQUIPMENT 32 ARTICLE XXIII MILITARY LEAVE 33 ARTICLE XXIV MISC/PARADES/MEET/TRAINING/BENEFITS 33 LAYOFFS/RESERVES MONITOR CELL BLOCK GYM/FIELD TRAINING OFFICERS 34 ARTICLE XXV MANAGEMENT RIGHTS 35 ARTICLE XXVI TERMS OF AGREEMENT 35 ARTICLE XXVII PROMOTION POLICY 36 APPENDIX I WAGES & COMPENSATION 41 STEP RAISES, OIC PAY, MEALS, NIGHT DIFFERENTIAL, LONGEVITY PAY DETECTIVE PAY APPENDIX II LEVELS 43

1 Glossary of common topics:

Admin Schedule 09 Sick bank 22 Cancelled details 17 Sick Leave 20 Child Birth Days 25 Sick time sell back 22 Court Time 32 Delayed Overtime payments 14 Details 17 Detective Pay 41 Disciplinary Action 07 Doctors Bills 32 Earned leave 25 Education 43 Equipment 16 Field Training Officers 34 Funeral leave 23 Grievance procedure 06 Gym 34 Holidays & Floating Holidays 25 Immediate family definition 23 In-service training 10 Injured Officer 12 Insurance/hospitalization 28 Leaves of Absence 24 Light Duty 29 Longevity Pay 42 Management Rights 35 May 15th time off deadline 27 Meals 42 Mental Wellness 29 Military Leave 33 Night Differential 41 Non-patrol shift differential 41 Overtime 14 Personal Equipment 32 Promotional Policy 36 Public complaints 09 Replacing Sergeants (emergency) 15, 27 Rolling Earned Time: 15 Selling vacation days 28 Shift Assignments 09 Shift Changes 09 Shift Swaps 12 Special Holiday Pay 28

2 ARTICLE I RECOGNITION

1.01 Local Union 467, of the Massachusetts Coalition of Police, is recognized by the Town of Yarmouth as the sole bargaining agent for the following members of the Police Department: All employees who hold the rank of Patrolman, but excluding, Sergeants, Lieutenant, Chief, Deputy Chief, clerical help and Reserve Officers.

ARTICLE II LONG RANGE GOALS

2.01 The parties to this agreement are committed to securing harmony and good will between the Town of Yarmouth and the Yarmouth Police Department involving mutual cooperation and understanding concerning rates of pay, hours of work and conditions of employment resulting in the very best of Police Protection to all people of the Town of Yarmouth.

ARTICLE III NON-DISCRIMINATION

3.01 The Town of Yarmouth and the Union agree that they shall not interfere with the right of any employee to join or not to join the Union.

3.02 It is further agreed that the Town of Yarmouth and the Union shall not discriminate against any employee for his membership in the Union.

3.03 Neither the Town of Yarmouth nor the Union shall unlawfully discriminate against any employee because of such employee's race, creed, color, religion, age, sex, or national origin. Alleged violation of this article may not be subject to the Arbitration procedure hereunder but relief may be sought through the appropriate agency.

3.04 This Union agrees that there shall be no strikes, stoppages of work, or any other interference with the efficient operation of the Police Department of the Town of Yarmouth.

3 ARTICLE IV UNION SECURITY

4.01 Three members of the Union shall be allowed time off for negotiations with the bargaining committee of Yarmouth without loss of pay or benefits, and without being required to make up such time.

4.02 It is intended that all negotiating sessions be held at reasonable times agreeable to both sides.

4.03 The Local and National Union Officers shall be permitted to discuss official Union business with the Chief of Police during the Chief's working hours as well as with the Union members prior to on-duty roll call and/or after off-duty roll call.

4.04 The Steward shall be permitted to discuss an alleged grievance with the aggrieved employee during regular working hours at the discretion of the Watch Commander.

4.05 No more than three (3) local Union Officials shall be granted time off without loss of pay to attend meetings that may be called by the Selectmen and or the Town Administrator.

4.06 Not more than two (2) said officers shall be off-duty on Union Business Leave at the same time. Union Business Leave shall consist of Union Seminars, conventions, etc. (not to exceed a total of four (4) such leaves during the fiscal year.) Union members attending such events are not subject to loss of pay while on such leave, providing such leave does not exceed sixteen (16) man-days per year.

4.07 The Union shall be required to submit to the Chief of Police the name of the Union representative and the number of days for each leave (not to exceed five days in any one week for any individual).

4.08 This information shall be submitted to the Chief of Police at least one (1) week before any such Union leave is planned.

4.09 Seniority defined: Seniority will be based on date of appointment as a full time, academy trained Yarmouth police officer. In the event of a break in employment other than the leave of absence provided for in the contract, seniority will begin with the date of re-appointment for the purpose of determining benefits set out in this agreement. Prior service will not be considered in terms of promotion or contract benefits. No other contract benefit will be affected by this change in seniority. The Town shall provide the

4 Union with a departmental seniority list and shall update the list annually. It is understood that anyone having a disagreement with his or her placement on the seniority list shall notify the Chief in writing of such disagreement within ten (10) calendar days after the first posting of the list on which his or her name occurred, stating the reason and attaching documentation for same. If the Chief finds that a correction should be made, he will make the appropriate correction and report the corrected list within ten (10) calendar days.

4.10 Probation Period: New employees shall serve a probation of one (1) year’s duration, commencing on the date of graduation from the Police Academy. In no event, however, will the probation period extend beyond fifteen (15) months from the date of appointment.

4.11 The dismissal or failure to reappoint a member within the probationary period is not to be considered disciplinary action and therefore not subject to the grievance or arbitration procedure.

ARTICLE V STABILITY OF AGREEMENT

5.01 No amendment, alteration, or variation of this Agreement shall bind the parties hereto unless made and agreed upon by both parties and unless said amendment, alteration, or variation is set forth in writing: signed and dated.

5.02 It is agreed by the Town of Yarmouth where the Rules and Regulations of the Yarmouth Police Department differ from the Union Contract between the Town of Yarmouth and MASCCOP Local 467, the Union contract will prevail.

5.03 The following is a non-grievable, non-arbitrable agreement reached between the Town of Yarmouth and MASSCOP Local 467. It is agreed that officers in the Yarmouth Police Department will have the opportunity to present suggestions for improvements for the safe operation of the department through a union subcommittee. Items which would be discussed would include shift strength and other safety issues. The committee shall be advisory to the Chief who will then make recommendations to the Town Administrator for implementation

5 ARTICLE VI CONSTITUTIONAL RIGHTS

6.01 If a police officer is under arrest, or likely to be arrested, or a suspect in a criminal investigation, he shall be afforded the same Constitutional Rights as are afforded to a civilian including, but not limited to, the right to counsel and the right to remain silent and he shall be advised of these rights before any questioning begins.

ARTICLE VII GRIEVANCE PROCEDURE

7.01 The purpose of this Grievance Procedure is to settle all alleged grievances of members of the Department as quickly as possible, so as to insure efficiency and promote employee morale. All settlements of grievances filed hereunder shall be reduced to writing and signed by all parties. Failure to sign an agreed upon settlement shall constitute a withdrawal of the grievance.

7.02 The term "grievance" is defined as a specific and direct violation of the express terms of a specific provision of this Agreement and shall be processed under the following procedure.

7.03 The grievance shall first be discussed with the employee's immediate supervisor within ten (10) calendar days from the incident that gave rise to the grievance by the employee alone or, if he prefers, in the presence of the Union Steward and/or the President of Local 467. In this discussion an earnest effort shall be made to adjust the grievance in an informal manner.

7.04 Within ten (10) calendar days from the result of this preliminary discussion, the grievance shall be presented in writing to the Head of the Department, who shall make such investigations as are necessary to give his answer in writing within ten (10) calendar days. This period may include meetings with the Union Steward and/or President of MASSCOP Local 467 and aggrieved employee, and every effort shall be made to resolve the dispute at this point in the Grievance Procedure. The occurrence or occurrences cited in the original written grievance at all future steps.

7.05 Within ten (10) calendar days from the receipt of the written answer by the Department Head, the aggrieved employee and his Union Representative may request that the grievance be presented to the Board of Selectmen or their designee. Any such request shall be in writing. A meeting with the Selectmen or their designee shall be convened within twenty-four (24) calendar days of the request.

6 7.06 In this presentation, the employee may be accompanied by two (2) Representatives from his Local Union and a representative from his Regional or National Union Headquarters, and such witnesses as he may deem necessary.

7.07 If Agreement cannot be reached, then the services of an impartial arbitrator may be requested by either/or both parties by filing a demand for arbitration with the American Arbitration Association within fifteen (15) calendar days of the hearing referred to in 7.05. Within ten (10) calendar days of the request for the arbitrator, the party requesting arbitration shall notify the other party of such request in writing.

7.08 The authority of the Arbitrator shall be limited by State Statute, and shall also be limited by the terms and provisions of this Agreement and to the question or questions submitted by the parties. The Arbitrator shall not have any authority to change the established salary schedule or other forms of compensation as provided by this Agreement nor to establish any terms or conditions of employment or to add to, subtract from, modify or otherwise change any of the terms or provisions of this agreement, nor to determine violations of law or statute except to the extent, if any, that such law or statute has been specifically incorporated herein by the parties. The decision of the Arbitrator shall be final and binding on both parties.

7.09 Any expenses incidental to arbitration shall be shared equally by both parties. The time limits specified in the preceding paragraph may be extended by agreement of both parties in writing.

7.10 Nothing outlined above shall deprive the Town of Yarmouth from utilizing the Grievance Procedure on its own behalf, including the final step of Arbitration.

ARTICLE VIII DISCIPLINARY ACTION

8.01 Non-probationary employees: Any member of the Department who has completed the probation period provided for in Section 4.10 may utilize the procedures that are specifically provided for review and disposition of disciplinary action which allegedly has been taken without just cause.

8.02 Probationary employees: Any member of the Department serving the probationary period provided for in Section 4.10 may invoke the grievance procedure heretofore outlined in this agreement for review, relief and final disposition of the disciplinary action that has been taken against him except as outlined in Section 4.11.

7 8.03 Nothing in this agreement shall deprive any employee who has been subjected to disciplinary action from his right to counsel in any or all proceedings that develop from such action.

8.04 All suspensions will be effective only after a hearing before and majority vote of the trial hearing board. However, an employee subjected to disciplinary action may waive, in writing, such a hearing. The trial hearing board will consist of five members, four (4) designated by the Chief; one (1) lieutenant, one (1) sergeant and two (2) patrolmen and one (1) member of the unit designated by the officer. The Chief of Police is not to be unequivocally bound by such vote.

8.05 Officer's Records: Each officer shall have the right (during the Chief's normal working hours) to examine his individual personnel file. In addition, each officer shall have the right to enter written explanations concerning any item in his personal folder. These written explanations shall become a part of his personnel file and will be permanently attached to the article he is explaining. Written records concerning infractions of the Departmental Regulations involving a suspension from duty or extra duty of five (5) days or less will be removed from the file and returned to the officer one (1) year after the incident has occurred as long as there have been no additional suspensions of any kind. Complaints against the officer that are unfounded, notes of investigation that do not result in prosecution and complaints that have not resulted in disciplinary action will be removed immediately and returned to the officer.

8.06 No rule or regulation shall be binding and enforceable if it conflicts with Federal Statute, State Statute or this agreement. Neither shall any existing rule or regulation be valid when it is in conflict with the decision of any Court having Jurisdiction over this locality.

8.07 The preceding articles in no way infringe upon management’s right to take disciplinary action as long as such action is consistent.

8 ARTICLE IX PUBLIC COMPLAINTS

9.01 Any charge or complaint may be made by a member of the public against any police officer, but neither the Chief of Police nor the Board of Selectmen shall accept the charge or complaint as true unless it is written and signed by the complainant. Furthermore, the Board of Selectmen and/or Chief shall confront the officer within thirty (30) days of the receipt of the alleged written complaint.

9.02 Prior to a final determination of the validity of the charge or complaint, the police officer involved shall, if he so desires, be permitted to face and question the person making the complaint or charge at a date, time, and location chosen by the Chief of Police with or without the presence of a Union representative and with or without other parties designated by the accused.

9.03 A Public Complaint Form including the information in Sections 9.01 and 9.02 of this agreement will be available to facilitate public complaints.

ARTICLE X SHIFT ASSIGNMENTS AND SHIFT CHANGES

10.01 5/3 Patrol Schedule There will be three patrol shifts for those Officers hired prior to 1-1-10. They are: 2330 to 0800 0730 to 1600 1530 to 0000

Patrol Officers assigned to Patrol shall work five (5) consecutive, eight and one half (8 1/2) hour work periods (shifts) on duty to be followed by three (3) consecutive work periods (shifts) off duty. K9 are part of the Patrol Division. K9 Hours will include one hour for care & maintenance of their dog. All employees assigned to the 5/3 or 523 schedule will be in full-duty uniform for the eight and ½ hours of their assigned shift.

10.02 Administrative Schedule: Officers hired before 1-1-10 who are assigned non-patrol duties shall work five consecutive 7 hour 50 minute work periods (shifts) on duty followed by two (2) consecutive work periods off duty and earn 1 administrative day off per month worked to be used during the fiscal year.

9 10.02 CONT…

Officers hired after 1-1-10 and are assigned non-patrol duties, shall work five consecutive 8 hour work periods (shifts) on duty followed by two (2) consecutive work periods off duty. These Officers will earn 1/2 administrative day off per month worked to be used during the fiscal year. The “Training Day” referred to in 10.03 shall be waived while on administrative schedule.

10.03 “523” Patrol Shift

Any Patrol Officer hired after 1-1-10 that are assigned to the Patrol Division will be assigned to the “523” Patrol Shift schedule. The hours will be as follows: 23:30 to 08:00 07:30 to 16:00 15:30 to 00:00

Patrol Officers assigned to the “523” Patrol Shift shall work a 23 day work cycle. The work cycle will consist of;  two eight (8) day cycles of five (5) consecutive, eight and one half (8 1/2) hour work periods (shifts) on duty to be followed by three (3) consecutive work periods (shifts) off duty and  one(1) 7 day cycle of five (5) consecutive, eight and one half (8 1/2) hour work periods (shifts) on duty to be followed by two (2) consecutive work periods (shifts) off duty.

The cycle described will be continuously repeated. In light of the fact that this schedule results in less than 40 hours per week on average Patrol Officers will also be scheduled to work eight (8) hours of training per fiscal year at the discretion of the Chief of Police or his designee with no additional compensation beyond their regular weekly pay rate. Officers on the “523” shift are compensated for this 8 hours training as part of their annual salary. The Chief of Police or his designee may assign the officers to the eight (8) hours of training in any time increments. The Chief may approve an Officers request for specialized training as part of the 8 hours of training.

Officers in field training will be assigned to an FTO and the FTO’S schedule for the duration of the Field Training. Officers in Field Training will be assigned to various shifts in order to accommodate training.

10.05 Shift by Seniority All Patrol Officers will select shifts based on seniority as defined in section 4.09. The most senior officer selects first then the second most senior officer selects and this pattern continues until the most junior officer selects. Shifts

10 will be bid for three month periods. The three month periods will start on the last Sunday of the following months: February, May August & November of each year. Shift selection will be completed 30 days prior to the start of the next shift.

If a vacancy occurs during the shift, the replacement officer assumes the vacant position. At shift change: If a vacancy occurs during the shift, the replacement officer assumes the vacant position.

Officers on the 5/3 or the 523 schedule and the officer’s day off number changes as a result of shift selection and has to work more than five (5) consecutive days, the following formula for compensation will be adhered to:

6 consecutive days worked 1 compensatory day off 7-8 consecutive days 2 compensatory days worked off 9-10 consecutive days 3 compensatory days worked off

Officers on the 5/3 or the 523 schedule and the officer’s day off number changes as a result of shift selection and the officer has worked five (5) consecutive days but has not received three (3) or two(2) consecutive days off before working the new work period, the following formula for compensation will be adhered to:

2 days off (5/3 Officers 1 compensatory day only) off 1 day off 2 compensatory days off 0 days off 3 compensatory days off

The Officers may take the compensatory day(s) off within the first ten days of the new shift, with 24 hours notice as long as a replacement can be hired. Officers, who gain additional days off as a result of their day off number change, do not owe any time to the department. Any officer who volunteers to go to a vacant shift, will be assigned a day off number and will receive time off compensation according to the above paragraph and formula.

The Lieutenant or Chief’s designee in charge of posting the new shift line-up

11 will issue compensatory slips to those officers earning compensatory time off based on the above formulas, at the time the new shift is posted. Any days given will not be counted on the May 15th time off deadline.

10.06 Shift Swap Defined A swap occurs when Officers agree to work either a portion of a shift or a whole shift for each other and the proper paperwork is submitted and approved.

10.07 Shift Swaps Over 5 Consecutive Days Officers may swap shifts for any amount more than 5 consecutive days of time after the selections have been made provided the swap does not impose any additional cost to the town. Seniority regardless of shift will be strictly adhered to. Example: An officer wishing to swap from shift ‘A’ to shift ‘B’ must offer this swap to the most senior officer, assigned to patrol, even if he is on shift ‘C’. All swaps are not valid until approved by the appropriate supervisor. Once swaps have been approved the swap becomes the officer’s shift and the officer assumes all responsibilities for that shift.

10.08 Shift Swaps Officers may swap shifts with another Officer provided: A. The swap does not impose any additional cost to the town. B. The swap slip is completed and initialed by both officers. C. Swaps of less than ½ hour must indicate the date and time of the reciprocation and must be properly entered into the departments staffing programs. D. The Shift Sergeant, the Chief, or his designee approves swaps.

10.09 Injured Officer Shift Bid/Swaps Officers who are injured may bid for the up coming shifts. If injured they may swap shifts, provided the swap does not impose additional costs to the town and is approved by the Chief. An approved swap may be revoked prior to its implementation if it will impose additional costs to the town. An example of swap denial would be when an injured Officer wants to swap to a shift that already is short and has one or more injured Officer’s already assigned to it. The Chief may delay the approval of an injured officer’s shift swap until close to the swap date.

10.10 Shift distribution levels are determined by the Chief.

10. 11 The Chief reserves the right to deny an officers shift selection, provided it can be demonstrated that the officers shift selection would be detrimental to the officer or the department.

12 10.12 Assignments to In Service Training Officers assigned to in service training will be on a Sunday through Saturday week and will complete 40 hours of training Monday – Friday with Sunday & Saturday off. Officers may be given time off during the week to attend training such as firearms training at another time.

10.13 Officers on a 5/3 or a 523 schedule will be allowed one half hour for the purposes of a meal, but for this period they must be located within town limits and must be accessible by radio or telephone in the event of an emergency.

10.14 In the absence of an existing promotional list the Chief will use the last promotional list to make all acting positions to the rank Sergeant. The Chief will use this list even if the list has gone beyond the (2) year expiration date set forth in section 27.08. The expired list will be used to fill vacancies created by an absence. Absence is defined as, any leave of absence, family leave, maternity leave, sick, injury, administrative leave, administrative duty, suspension, or termination projected to be more than 30 days.

10.15 Notwithstanding the provisions of the terms of this article, the Chief shall have the authority in the case of a public emergency or any unusual need for public services, to vary the existing method of shift assignment. Furthermore, the chief may also change the starting time of one or more existing shifts or portions thereof by no more than two hours. Such changes are to be made only on a regularly scheduled (rather that an ad hoc) basis, except in emergencies.

10.16 The Chief may fill any vacant shift slots with volunteers and by seniority. When an officer permanently leaves a shift for reasons such as promotion, retirement or any other reason and a new officer is hired as a replacement, senior officers must be asked if they want the shift first. When an officer is reassigned to a shift from a position such as detective or records the officer will assume the vacant shift.

10.17 The Chief may institute on a permanent or temporary basis another shift or shifts at such times as he deems necessary or appropriate. In making assignments to such shift(s), the Chief’s selection will be limited to officers who have volunteered to work said shift(s).

10.18 The Chief maintains the right to determine the number of officers assigned to each of the shifts.

13 ARTICLE XI OVERTIME

11.01 Any Officers, who works more than their daily scheduled hours shall be paid at the rate of regular time plus one-half for each hour of overtime worked.

11.02 A Delayed Overtime payments: Delayed overtime payments may be scheduled for payment for any future week except for during the month of June. No overtime earned in one fiscal year can be paid in a different fiscal year. Officers may hold not more than 120 hours of overtime payments at any one time during the fiscal year. Payment must be submitted in a minimum of four (4) hour increments. Eliminate 7/1/17

11.02 B Delayed Overtime payments: Effective 7/1/2017, officers may not accumulate more than 120 hours of delayed overtime payments in a fiscal year and may not accumulate more than 32 hours at any one time. Payment should be submitted in a minimum of four (4) hour increments unless an Officer has less than 4 hours remaining. Delayed overtime payments may be scheduled for payment for any future week except for during the months of May and June. No overtime earned in one fiscal year can be paid in a different fiscal year.

11.03 All Patrol Shift overtime shall be assigned fairly and equitably among the regular full-time officers.

11.04 A record of all overtime by individuals shall be maintained by the department and shall be accessible to the President or the Union Steward upon request.

11.05 Officers, except in an emergency, shall not work more than 18 consecutive hours in any 24 hour period. Officers must have 6 hours of off- duty time before and after any 18 consecutive hours worked.

11.06 There shall be a minimum of three (3) hours pay at one and one-half times the hourly rate of pay for any officer called back to duty after his normal tour of duty. The three (3) hour minimum shall not apply to hours worked contiguous to an officer's tour of duty.

11.07 For the purpose of this section, an employee must work twelve (12) minutes to equal 1/2 hour of overtime; thirty-five (35) minutes to equal 3/4 hour of overtime and forty-seven (47) minutes to equal one (1) hour of overtime.

11.08 Notwithstanding the provisions of the Agreement, a bargaining unit member assigned to attend a police academy or other training program shall be deemed to have a 5 /2 (40-hour) workweek for the period of such attendance

14 (and not a 5/3 0r 523 even if normally assigned to the Patrol Division). If attendance is required at classes or formations (not including off-duty time) and exceeds eight hours in one day or 40 hours in one week, he shall receive compensatory time off or overtime in accordance with Sections 11.02 and

11.09. If an officer is called upon to perform regular police duty in Yarmouth in a week in which the officer is also assigned to attend training school, he shall be compensated in accordance with Section 11.01, with the provision that the officer’s required attendance at school classes or formations shall be deemed to be "work" for the purpose of computing any overtime payment that may be due the officer for performing such regular police duty.

11.10 Patrol Officers will not be hired to replace Sergeants unless there is an extreme emergency or ordered by the Chief of Police or the Deputy Chief. Time off replacement is not an extreme emergency.

11.11 An officer who accepts an overtime shift shall work said overtime, or secure a replacement approved by the Chief or his designee.

11.12 Rolling Earned Time Any Officer may earn and maintain up to 12 hours of Rolling Earned Time to be used as time off. Rolling Earned Time is earned at a rate of 1.5 hours per straight hours worked beyond the officers regularly scheduled hours. Rolling Earned Time can only be used for the first and last half hour of their shift. Officers may request the time off with no more than 7 day advance notice.

Officers may also use up to 3 hours of Rolling Earned Time provided it is submitted and approved no more than 16 hour before the start of an officers shift and there are no replacement costs at the time of submission. Rolling time off will carry over from one fiscal year to the next.

ARTICLE XII UNIFORMS

12.01 It is agreed that the Town of Yarmouth will provide the Officers with suitable uniforms and proper equipment to identify the Department as fully capable of providing the community with adequate and high-grade police protection.

12.02 Clothing Replacement It is agreed that the care and maintenance of such uniforms will be the responsibility of each individual Police Officer and that the general appearance of all Yarmouth Police Officers should help to preserve and enhance the public

15 image of the Yarmouth Police Department. All Officers are required to adhere to all uniform rules and regulations. The department will replace police related attire, uniforms or equipment with a maximum value of $300 per fiscal year provided the items are approved by the Chief of Police or his designee. The town prefers to pay the vendor directly. If this is not possible, an officer will be reimbursed only after all of the receipts and proof of purchase has been approved. Funds may not be carried over from one fiscal year to the next. Both parties agree that there are different uniforms and clothing that are utilized during the course of a specific unit assignment which are not necessarily uniforms. It is agreed that the above mentioned funds can be used for court room attire, civilian or administrative assignment related clothing, clothing utilized during training or any other related equipment. All receipts/bills must be submitted before June 1st and unspent funds can not be carried to the next fiscal year.

12.03 Town of Yarmouth will provide all new members of the Department, after the successful completion of the full time police academy or when a Full Time officer starts with the following initial equipment. a) Winter Coat b) Spring-Fall Jacket c) Four pairs of uniform pants consistent W/YPD uniform policy. d) Four uniform shirts consistent W/YPD uniform policy. e) 1 Necktie and clasp f) 1 Five star uniform hat g) 1 Baseball summer hat h) 1 Winter trooper style hat with fold down ear flaps. i) One pair of boots or shoes j) One pair of black gloves k) Two Turtlenecks W/YPD embroidered on collar l) One raincoat/reversible with hat cover m) Bullet proof vest n) Gun Belt-Outer & Inner o) Gun holster p) 2 Pair Handcuffs with double case q) Double magazine pouch r) Two badges s) One pair collar pins t) Service weapon and ammunition u) Flashlight (rechargeable) v) Portable radio w) O.C. Spray x) Taser Holster y) Monadnock PR-24 side handle baton with holder or the expandable ASP

16 baton with holder. z) Department approved dress uniform (beginning in FY ’20)

12.04 Equipment provided for in subsections L through Z are to be returned to the Town when said employee's employment is terminated. In addition, if an employee resigns or is terminated within twelve (12) months after the conclusion of his academy, he shall return the items A through z if they were provided by the Town at Town expense.

12.05 All officers must appear for work in a regulation uniform with no rips, fraying, dirt, or in a uniform that does not present a professional appearance. The determination of acceptable appearance is solely at the discretion of the Chief of the Department or his designee and is not grievable or arbitrable. If the uniform of an officer is unacceptable at roll call the officer shall be told by his sergeant or lieutenant and will at that time be ordered to correct the deficiency. The sergeant will document the violation and turn the documentation to the lieutenant for disciplinary action. If the officer disagrees with the determination of his superior the officer may appeal to the Chief of the Department who will make the final decision.

12.06 All Department members will follow the Yarmouth Police Department uniform dress code. All future changes to the uniform policy, including the lengths of shirt sleeves, will be agreed upon by the Chief of Police andMASSCOP Local 467 appointed Uniform Committee. The Yarmouth Police Uniform Committee will make recommendations under this section. Until those recommendations are brought to the Chief via the Uniform Committee the current uniform policy will remain in effect.

ARTICLE XIII DETAILS

13.01 All assignments to Details shall be made by the Chief or his representative and shall be assigned fairly and equitably among the regular full-time Officers.

13.02 A record of all details shall be maintained with the basic data and will be accessible to the Union members.

13.03 An officer who accepts a detail shall work said detail, or secure a replacement approved by the Chief or his designee.

13.04 Officers accepting details may swap with other officers without prejudice, but the original officer shall be responsible for his replacement and will be

17 charged with the detail on the rotation list.

13.05 Any officer working a strike detail will be compensated at a rate of pay that is time and one half the current detail rate. This will not apply to strikes involving other Town Departments

13.06 No assignment shall be made until the person or organization requesting the service has agreed to pay the detail rate which will be no greater than the top step Level 3 of a Patrol Officers overtime rate, rounded to the nearest dollar. Members of the MASSCOPLocal 467 & Mass Cop Superior Officers Union reserve the right to set the detail rate at anytime, by a majority vote of the members of Local 467 & Mass Cop Superior Officers Union and may not exceed the guideline set forth in 13.06. Local 467 & the Superior Officers union will jointly notify the Chief of Police and Town Administrator of any change in writing. MASSCOP Local 467 & Mass Cop Superior Officers Union will select a Detail Committee. The committee will consist of a chairman from each union as well as a proportionate representation of members of each union. Any recommended revisions of the Chief’s detail policy will be submitted to the Chief through this committee. The Chief will consider recommendations and will have the final decision on the Detail Policy.

13.07 Details worked on all major holidays (listed below) will be paid at a rate of pay that is time and one half the current detail rate. This will not pertain to the DY High School Thanksgiving Day football game.

Major Holidays are defined as:

1. Christmas This will start on the 4-12 shift on 12-24 and include the 12-8 shift, 8-4 shift, and the 4-12 shift on 12-25. 2. Thanksgiving This will start with the 12-8 shift and include the 8-4 shift and the 4-12 shift. 3. Independence This will start with the 12-8 shift and include the 8-4 shift and the 4-12 shift. 4. New Years Eve This will start with the 4-12shift and include the 12-8 shift and the 8-4 shift.

18 officer, employed on a paid detail basis, in all instances where there is a street opening or any work to be done on a public way or at any public function in Town. The Chief of Police and or his designee shall have the further sole discretion to determine if a police detail is required and the number of officers assigned to any such instance necessary to maintain public safety. This policy can not supersede MA State laws, (take the place of) 701 CMR 7.00. Under no circumstances will the Town be responsible for paying any police officer to work details, unless hired by a Town department and worked by a Yarmouth Officer, or for officers who were not assigned details under the terms of this article.

13.09 Any detail requiring five (5) or more officers shall include a ranking officer to be in charge of the detail. In the absence of a ranking officer the most senior officer will be the officer in charge, (O.I.C.). Any detail requiring twelve (12) or more officers shall include two (2) ranking officers and or officer-in- charge. The most senior ranking officer or OIC is to be in charge of the detail. Both ranking officers or in their absence, both officers-in-charge shall be paid 20% above the current detail rate per hour by the vendor.

13.10 The Town agrees to continue the detail escrow account pursuant to Massachusetts General Laws Chapter 44 Section 53C. (see attached schedule 13.06)

13.11 Notwithstanding any other provisions of the Contract, the Chief or his designee may discipline an officer for failure to meet the officer’s obligations in working extra paid details.

13.12 All details have a 4-hour minimum. After 4 hours worked the officer is paid for 8 hours pay. After 8 hours the officer is paid hourly at time and one half the rate for the current detail. If there is an error in scheduling, that is found to have been made on part of an I.B.P.O. or Superior Officers Union member, and this error causes the shift supervisor to replace an officer on an emergency basis, the replacement officer will begin billing at the time the officer arrives at the detail and not the details originally scheduled time. If the replacement actually works more than 4 hours the replacement officer will bill for 8 hours.

13.13 If a detail is cancelled by the contractor with less than two hours notice, the officer will be paid a minimum of four hours pay at the detail rate. The Yarmouth Police Department is not responsible for payment to an officer if the detail is cancelled more than two hours in advance and the officer was not properly notified. This will only apply if the error in cancelling the detail is found to have been made by a member of MASSCOPLocal 467 or Mass Cop Local 427.

19 13.14 No officer shall work for a rate of pay less than that of another agency on the same detail.

13.15 Officers will be compensated at the rate of time and one half of the current detail rate when two or more hours are worked between the hours of 12:00-6:00am. This rate will be applied to the entire detail hours regardless of the detail start time. Officers will be compensated at the rate of time and one half the current detail rate for any detail requested by a vendor with less than two hours’ notice when the detail is scheduled between the hours of 4:00pm- 6:00am. There will be no increase in rate when the officer works for a town department directly. This waiver does not include sub-contractors working for the town.

13.16 During the first and last half hour of a Patrol Shift an officer may travel directly to or from a detail on duty provided there is no detriment to staffing levels and is approved by a Supervisor. Officers must not take advantage of this and must proceed directly to the detail or to work from the detail.

ARTICLE XIV SICK LEAVE

14.01 (a.) Each full-time employee hired prior to 1-1-10, shall, for the first 15 years of service, be allowed sick leave with pay for a period equal to one and one quarter days per month (15 days per year) of said service. Officers will be credited with their monthly sick time on the last day of the month. Sick leave shall be cumulative up to, but not in excess of, one hundred and fifty (150) days.

14.01 (b.) Each full-time employee, hired after 1-1-10, and after six (6) months employment shall, for the first 15 years of service, be allowed sick leave with pay for a period equal to 1.17 days per month of (14 days per year), provided sick leave is caused by sickness or injury not incurred in the course of employment. Officers will be credited with their monthly sick time on the last day of each month. Sick leave shall be cumulative up to, but not in excess of, one hundred and fifty (150) days.

14.01 (c) All Officers upon completion of 15 years of service will be credited with 1.08 Sick Leave Days per month (13 days per year) with an accumulation cap of 150. Officers who have more than 15 years of service and retire for superannuation shall be paid for up to 90 accumulated sick leave days at a rate of 75% per day.

14.01 (d.) Officers whose services are terminated for any reason other than retirement shall not be entitled to compensation in lieu of sick time not taken. Officers with less than 15 years of service who retire for superannuation shall be paid for their accumulated sick days with a maximum payment of $8,000.

Hours per Sick Leave day are as follows:

Sick Leave Day 5/3, 523 8.5 Sick Leave Day Administrative hired before 1-1-10 7 Hours 50 Minutes Sick Leave Day Administrative Hired after 1-1-10 8 Hours

Sick Leave may be used for the following reasons:  Sickness or injury not incurred in the course of employment  Dental care  Emergency care for others at home  Serious illness to others at home  Bereavement time defined in 15.01

When an Officer uses Sick Leave they must identify one of the above reasons for use at the time the request is submitted.

Officers may use up to 5 Sick Leave days per year for emergency care or serious illness to others at home.

An Officer may request additional Sick Leave use for any other need related to illness. The Chief of Police or his designee has the authority to approve or disapprove each request.

Sick Leave may be used in hourly increments.

Sick leave cannot be used for routine visits such as annual physicals or well visits. Sick leave may be used for follow up appointments stemming from sickness or injuries not incurred in the course of employment.

21 arbitrable. The chief will notify the union when he exercises his right to waive this requirement for any officer. An employee may be required to furnish a doctor's certificate for illness of less than three (3) days if, in the opinion of the Chief, there is a pattern of sick leave abuse in the employee's use of sick leave.

14.03 Members of the bargaining unit will also be allowed at their own discretion to transfer a maximum of 10 days per year per officer of their accumulated sick time into a sick time bank. This time would be deducted from the account of the employee giving up this time. Employees will be eligible to receive sick time from the sick bank after all sick time credited to them has been exhausted and they have been on sick leave for more than four days. Employees will be required to present a doctor's certificate verifying said illness. Employees wishing to draw from the sick leave bank must make a written request to the Chief of the Department and the Union President. The Chief and the Union President, will meet to discuss the request and after their meeting shall grant or deny such request. Deviation from this policy shall be allowed only with the approval of the Town Administrator and upon recommendation of the chief of the Department and the Union Steward/President. A denial of a request for sick leave bank days per bargaining unit member shall not be subject to the grievance procedure. Members wishing to transfer sick days to the sick bank will submit such request to the union President/Steward and the Chief of Police. The Union President/Steward will be allowed to inquire and make full accounting of the number of sick days in the bank.

14.04 Regular full-time police officers will be allowed to transfer sick days earned in other Departments of the Town of Yarmouth, to be added to their total accumulated days available under this contract.

14.05 ln the event of death of a member while on duty with the Yarmouth Police Department, his/her estate shall be paid for up to 90 days of the accumulated sick leave days of the deceased member at a rate of 75% per day.

14.06 Any full time officer may sell back five (5) sick days, to the Town of Yarmouth, at a rate of pay equal to the officer’s current weekly salary. Officers may only sell back five (5) days each calendar year but only during one week. That week will be the first pay period in the month of December. In order to be eligible for the buy back program, the officer wishing to sell back five(5)days, must have an accumulated forty five (45) days to his credit on September 15. Any officer wishing to participate must submit in writing, a letter to the Chief of Police indicating his/her desire to sell back the five (5) days. The letter must be submitted no later than September 15 of each year, and the officer must have forty five (45) days accumulated to his/her sick time at both the time of the request and on December 1 of each year.

14.07 Any full time officer may sell back ten (10) sick days, to the town of Yarmouth, at a rate of pay equal to the officer’s current weekly salary. Officers may only sell back ten(10)days each calendar year but only during one week. That week will be the first pay period in the month of December. In order to be eligible for the buy back program, the officer wishing to sell back ten (10)days, must have an accumulated ninety (90)days to his credit on September 15. Any officer wishing to participate must submit in writing, a letter to the chief of police indicating his/her desire to sell back the ten(10)days. The letter must be submitted no later than September 15of each year, and the officer must have ninety (90)days accumulated to his/her sick time at both the time of the request and on December 1 of each year.

14.10 Any full time officer may sell back fifteen (15) sick leave days, to the town of Yarmouth, at a rate of pay equal to the officer’s current weekly salary. Officers may only sell back fifteen days each calendar year but only during one week. That week will be the first pay period in the month of December. In order to be eligible for the buy back program, the officer wishing to sell back 15 days, must have an accumulated 120 days to his credit on September 15. Any officer wishing to participate must submit in writing, a letter to the chief of police indicating his/her desire to sell back the 15 days. The letter must be submitted no later than Sept. 15th of each year, and the officer must have 120 days accumulated sick leave time at both the time of the request and on December 1 of each year.

ARTICLE XV FUNERAL LEAVE

15.01 Each employee shall be granted leave with regular pay in the event of a death in his immediate family. Such leave shall begin on the day of death and may be used with in the first 15 days after the date of death, not to exceed five (5) days total.

The term “immediate family” shall include: mother, step mother, father, step father, brother, sister, spouse, and children.

Each employee shall be granted leave with regular pay in the event of a death of the following relatives: brother-in-law, sister-in-law, mother-in-law, father- in-law, grandparent, aunt, uncle, niece or nephew and any relative living in the employee’s household. Such leave shall begin on the day of death and must be used in the first fifteen (15) days after the date of death, not to exceed three (3) days.

An officer, who is scheduled off duty due to bereavement leave, is not allowed to work any extra duty during the eight (8) hour shift before, during or after the bereavement leave.

Any Officer may use up to three (3) sick leave days during the 15 days after the date of death. Any officer may request additional sick leave for the bereavement provided such time is approved by the Chief of police or his designee in advance. Any Sick Leave Bereavement days may not replace preapproved time off unless approved by the chief.

15.02 Funeral Expenses - Funeral expenses will be paid by the Town of Yarmouth for any officer killed in the line of duty as per Chapter 41, Section 10OG 1/4, as amended, of the Massachusetts General Laws, with a maximum of fifteen thousand ($15,000) dollars.

ARTICLE XVI LEAVES OF ABSENCE

16.01 Any employee, after three (3) years of employment can be granted a leave of absence without pay.

16.02 The leave must be for just cause and for a specified period of time not to exceed one (1) year.

16.03 Just cause shall be determined by the Town Administrator, but shall not unreasonably deny the granting of the leave.

16.04 There shall be no loss of seniority for an individual by virtue of his being on a leave of absence. While on such unpaid leave of absence, the employee will not gain any time in service to be used toward seniority for any purpose, including without limitation, longevity, layoffs, etc. In addition, an employee on such unpaid leave of absence will not be eligible for nor accrue any benefits, including, without limitation, sick leave and vacation time. The Town shall not be liable for the maintenance of the employee's medical insurance during such leave. When an officer returns to work from a leave of absence he/she will be assigned to a shift that best meets the needs of the department as determined by the Chief. This change will not result in a loss of Rank.

16.05 An application for leave of absence shall be made in writing to the Chief of Police, stating the reason for this leave, the starting date and length of time requested.

16.06 The application shall be approved or disapproved by the Chief and forwarded to the Town Administrator for their approval or disapproval.

16.07 The Town’s Family Medical Leave Policy will apply to all employees.

16.08 Police officers shall be granted a leave of five (5) days without loss of pay after the birth or adoption of their child. Such leave shall begin on the day of birth or adoption and may be used with in the first 30 days after the date of birth or adoption.

16.09 Emergency Leave - The Chief of the Department may grant, at his discretion, time off with pay to allow an officer participating in the employee assistance program to complete treatment for an illness. This leave shall be granted at the Chief's sole discretion and is not grievable or arbitrable.

ARTICLE XVII Vacation Days, Holidays, & Earned Leave Days

17.01 Every full-time Officer of the Yarmouth Police Department who has been in continuous service of the Town of Yarmouth for twelve months of full time service shall be granted vacation days with pay according to the following schedule:

Length of Continuous Service by Employees Number of Vacation Days After One Year (11) Eleven After Two Years (12) Twelve After Three Years (13) Thirteen After Four Years (14) Fourteen After Five Years (15) Fifteen After Six Years (16) Sixteen After Seven Years (17) Seventeen After Eight Years (18) Eighteen After Nine Years (19) Nineteen After Ten Years (20) Twenty After Eleven Years (21) Twenty One After Twelve Years (22) Twenty Two After Thirteen Years (23) Twenty Three After Fourteen Years (24) Twenty Four After Fifteen Years (25) Twenty Five After Sixteen Years (26) Twenty Six After Seventeen Years (27) Twenty Seven After Eighteen Years (28) Twenty Eight After Nineteen Years (29) Twenty Nine After Twenty Years (30) Thirty

Vacation days shall be taken during the eligible year and shall not accumulate from one year to the next. A maximum of 5 Vacation days may be carried over

25 from one year to the next year. All Personnel must declare Carryover Days in writing to the Chief by May 15th each year. The days carried over must be used within the first quarter of the new fiscal year. (July 1 - September 30) Vacations shall be granted at such times during the calendar year as will best meet the public requirements and choice will be granted employees based on their years of service.

17.02 If a regular full-time police officer transferred from another bargaining unit in the Town of Yarmouth, that person would receive the same level of vacation benefits that the person has been receiving under the previous unit's agreement. However, the time of service as a regular police officer in the Yarmouth Police Department would be the only time that would count towards increases in vacation benefits under this agreement.

17.03 Holidays It is agreed that eleven (11) days in each calendar year shall constitute Holidays and are as follows:

Columbus Day Christmas Day Labor Day Thanksgiving Day Martin Luther King Day Memorial Day New Years Day Patriot's Day Veteran's Day Independence Day Washington's Birthday

Any additional Holidays that come into existence due to Federal or State Legislation shall be immediately applicable.

17.04 Earned leave:

Officers receive (6) Days of Earned Leave per year. Earned leave that is requested 8 hours in advance shall be granted. The Earned leave can be denied if a replacement is needed and there are no Officers of equal rank available for replacement. Earned leave shall be used within the fiscal year and shall not carry over to the next fiscal year.

17.05 Patrol Officers - Granting Vacations & Holidays A. Patrol Officers will be granted vacation and holiday time off provided officers submit vacation days or holidays seven (7) days in advance, a replacement, of equal rank can be found and 2 regularly scheduled officers are assigned to work.

Examples:

1. Eight (8) Patrol Officers scheduled to work. Time off submitted 7 days in

26 advance – 6 will be granted time off. 2. Five (5) Patrol Officers scheduled to work. Time off submitted 7 days in advance – 3 will be granted time off.

B. Vacation days or holidays submitted with less than (7) days notice will not be granted if hiring of replacement personnel is required. The seven (7) days begin on the day of the request and includes the date requested. Time off requests should be given to the requesting Officer’s Sergeant or if their Sergeant is not available to any Sergeant that is on duty at the time of the request.

C. On July 4th, Thanksgiving Day & Christmas Day a Sergeant may replace a Patrol Officer. The two (2) regularly scheduled officers are assigned to work rule in section “A” will be waived Between May 15th and July 1st the two (2) regularly scheduled officers are assigned to work rule in section “A” will be waived provided a replacement of equal rank can be found.

D. Officers being denied vacation days and holidays will be notified within one week of the request and not less than ten (10) days from the date requested, unless the request was made with less than ten (10) days notice, in which case notification must be made as soon as practicable.

E. Vacation days for all ranks may be taken in three hour increments.

F. Vacation days for all ranks may be taken in increments of less than three hour increments provided there are no replacement costs. Hourly increments can only be submitted on the day of use and must be approved by a superior and at the time of submission there is no added cost to the town.

17.07 Patrol Officers will not be hired to replace Sergeants unless there is an extreme emergency or ordered by the Chief of Police or the Deputy Chief. Time off replacement is not an extreme emergency.

17.08 If a Vacation Day, Holiday or Earned Leave day is submitted 30 days or more in advance and there is a conflict between Officers for the same vacation period, seniority will determine who is approved. If a Vacation Day, Earned Leave Day and Holiday is submitted less than 30 days in advance, time off will be granted to whichever Officer(s) submitted time off first.

17.09 May 15th Time off Deadline Between May 15th and July 1st all officers can use no more than ten (10) days off. (Excluding 5 carry over vacation days as described in 17.01 .) The 10 days includes all Vacation days, Holidays, Earned Leave Days, compensatory days, administrative schedule days, ETO, gym days and training days. This does not

27 apply to gym days earned after May 15th. Days received as a result of section 10.05 for the May shift change are exempt.

17.10 Beginning May 15th Patrol Officers will be granted time off provided a replacement of equal rank can be hired.

17.11 Time off values are listed according to this chart.

Type of Day Schedule Hours Vacation & Holiday 5/3,523 8.5 Earned Leave 5/3,523 8.5

Administrative Vacation Holiday Administrative 7 Hrs 50 Minutes Earned Leave Administrative 7 Hrs 50 Minutes

Administrative Hired after 1-1-10 Vacation Holiday Administrative 8 Hours Earned Leave Administrative 8 Hours

17.12 Selling Vacation Days. Any Officer may sell back up to 5 vacation days per year provided the Chief is notified in writing before September 1st . Payments will be made on a week selected by the officer some time between 2nd pay period in July and 1st pay period of February in the new fiscal year. Payments will be at 1/5th of an Officer’s weekly pay per vacation day at the time of payment.

17.13 Officers who work 12-8, 8-4 or 4-12 shifts on Thanksgiving Day, Christmas Eve 4-12 or 12-8, 8-4 or 4-12 shifts on Christmas Day will be compensated an additional $100.00 per shift.

ARTICLE XVIII INSURANCE & HOSPITALIZATION

18.01 The Town of Yarmouth will provide Life Insurance coverage for each employee of the Department in the amount of Fifty thousand (50,000) dollars for each individual. Said life insurance coverage will be One Hundred Thousand ($100,000) dollars in the case of an accidental death.

18.02 The Town of Yarmouth will maintain this life insurance coverage as long as the employee remains a member of the Department.

28 18.03 The disability policy now in effect shall never be less than benefits now supplied by the Town of Yarmouth.

18.04 The Town of Yarmouth agrees to pay fifty (50) per cent of the cost of Health insurance & hospitalization programs accepted by the Town and its employees. A Cafeteria Plan will be made available to all members of Local 422.

18.05 The Town of Yarmouth will pay 60% of any HMO that is currently available or becomes available to the town in the future. During the next open enrollment, the Town of Yarmouth’s indemnity plan, (Master Health Plus) will no longer be available to the Members of Local 422. The town will offer any and all additional insurance plans and or benefits that are offered to other locals within the Town. For those who are currently enrolled in an HMO, the new percentage will become effective May 1st, 2010.

18.06 Mental Wellness Any Officer who, by their own choice, undertakes a Mental Wellness session administered by a licensed professional counselor, psychologist or psychiatrist will receive 3 hours of “Rolling Time Off”. The Officer must submit written verification of the session. Once verified by the Chief of Police any documentation will be returned to the Officer and no records will be maintained. The Department will not have access to any information about the session beyond verification of the physician’s credentials and the date, time and location of the session.

XIX LIGHT DUTY SECTION 1 - LIGHT DUTY

19.01 Whenever a police officer is incapacitated for duty because of injury sustained in the performance of duty without fault of his own, he shall be granted leave without loss of regular pay for the period of such incapacity. Provided, however, that no such leave shall be granted for any period after said police officer has been retired or pensioned or for any period after a physician designated by the appointing authority determined that such incapacity no longer exists. This compensation shall be paid only to the extent required by Massachusetts General Laws, Chapter 41, Section 111F, as amended from time to time.

19.2 No such paid leave shall be continued beyond a total of thirty (30) calendar days in the event the physician designated by the appointing authority determines that the police officer is capable of performing limited police duties (i.e., light duty) on either a full time or less than full time basis subject only to the provisions herein. The Chief, with the approval of the Town

29 Administrator, shall determine whether a position is available which the police officer is capable of performing and may or may not assign him to fill the position. Assignments to limited duty tasks may be changed or terminated at the discretion of the Chief subject only to the provisions contained herein. Officers will not be involuntarily assigned to light duty prior to the expiration of thirty calendar days. The thirty calendar day periods referred to in this paragraph include all time due to an injury or any recurrence of the same injury, whether or not continuous.

19.3 Light or limited duty tasks shall include:

1. Dispatching 2. Research & grant writing 3. Training 4. General clerical work in records room 5. Crime prevention (e.g. citizen’s assistance and operation ID) Light duty cont…

6. Assist in property and evidence room 7. Suicide prevention Watch 8. Computer Operation 9. Other limited or light duty tasks agreed upon by the Chief and the Union

19.4 Most limited or light duty tasks will normally be in-station duties. Such assignments, however, will not normally be made to the midnight shift except for officers currently assigned to that shift.

19.5 If the police officer is determined by the physician designated by the appointing authority to be capable of returning to limited or light duty and he is assigned to same but does not report for same and does not file a timely appeal hereunder, his pay shall be discontinued and he shall be subject to disciplinary action.

19.6 Police Officers assigned to light duty shall not be eligible for any type of specialist pay, additional stipends or benefits under the Contract, including but not limited to any such payments. unless the officer is receiving the pay, stipend or benefit prior to the light duty assignment.

19.7 Whenever a police officer is incapacitated for duty because of an injury sustained in the performance of duty without fault of his own, he/she shall be allowed to carry over any combination of such vacation and holiday time off that has been accrued from one fiscal year to the next fiscal year, when said officer is out on a line of duty injury and is unable to use his/her time off due to the injury. When an officer is out injured for a full 52 week fiscal year, there

30 is no carry over of time off.

SECTION 2 - APPEAL PROCESS

19.8 In the event the individual officers personal physician disagrees with the decision made by the physician designated by the appointing authority and believes that the officer is not capable of returning to limited duty, the officer shall cause his physician to confer with the physician designated by the appointing authority within ten (10) calendar days of the decision by the physician designated by the appointing authority.

19.9 An officer assigned to light duty notwithstanding the continuing disagreement of his personal physician after said conferral with the physician designated by the appointing authority shall have the right, within fourteen (14) calendar days after said conference, to appeal to a third physician agreed upon by the two conferring doctors. During the pendency of this appeal, the officer shall comply with the regulations and order upheld in Atterberry vs. Police Commissioner of Boston, 392 Mass. 550, 467 N.E. 2d 150 (1984).

19.10 The third physician shall render his/her decision within seven (7) calendar days or as soon as practical thereafter. The decision of the third physician shall be final and binding as to whether the officer is medically capable of being assigned to limited or light duty at that time. The Town will be responsible for payment of the third physician.

19.11 If the officer is determined by the third physician to be capable of returning to limited or light duty and he is assigned to same and he does not report for same, his pay shall be discontinued and he shall be subject to disciplinary action.

19.12 Nothing herein shall prevent the Chief from having the officer subsequently re-examined at reasonable intervals, normally not less than fourteen calendar days, to see if the officer has sufficiently recovered to commence light duty.

19.13 Nothing herein shall preclude any injured police officer from seeking retirement nor shall anything herein preclude the Town of Yarmouth from involuntarily retiring police officers.

19.14 Nothing herein shall preclude an injured officer from seeking and obtaining treatment for said injury from a physician of his choice.

19.15 Nothing herein shall require or preclude or limit the discretion of the Chief to grant or deny a request from an officer out on sick leave to work on limited or light duty. Such assignments, however, shall not be made

31 involuntarily.

19.16 It is understood that assignments to light duty are temporary in nature and shall not extend beyond the period of disability.

ARTICLE XX DOCTOR'S BILLS

20.01 Any officer or officers who have come in contact with a person who is possibly contagious, may request an examination and or preventive inoculations at the expense of the Town of Yarmouth.

ARTICLE XXI COURT TIME

21.01 A regular, full-time officer who is required to attend court on behalf of the Commonwealth in a criminal case at a time when he is not scheduled to work, and has prior approval of the Chief or his designee, shall be paid for all hours in attendance, with a minimum of three (3) hours at the rate of time and one-half or he can choose to take compensatory time off at the rate of time and one-half.

21.02 Attendance at Court shall include conferences with prosecuting officials, hearings on complaints and proceedings such as inquests and Registry of Motor Vehicles Hearings; the signing of complaints and civil court actions arising out of his official duties.

21.03 Officers will be authorized to collect the travel fee paid by the court in this Commonwealth. This sum will not affect compensation due under 21.01.

ARTICLE XXII USE OF PERSONAL EQUIPMENT

22.01 If an officer is ordered by the Chief of Police or his representative to use his own automobile in the performance of his duties, he shall be paid at the current rate authorized by Town Administrator unless compensated by another source.

22.02 In no event shall there be a specific or supplementary fuel charge.

32 22.03 After a hearing of the Chief or his designee and a Union Representative, regular officers shall be reimbursed by the Town of Yarmouth for the damage or loss of uniforms, equipment, or personal property (I.E., glasses and watches, etc.,) consistent with replacement value “not to exceed $500.00” if damaged or lost in the line of duty without “fault” to the officer. Such reimbursement shall not be charged to the individual’s clothing allowance. All officers will provide a receipt and written report stating the facts regarding the loss or damage for the replaced item. ARTICLE XXIII MILITARY LEAVE 23.01 Any employee of the Department who is called for duty in the Armed Forces of the Commonwealth or the United States shall be paid for any difference in compensation between that drawn in a normal period of two (2) weeks in the Police Department and the total compensation (excluding travel allowance) received by reason of such duty. Note: normal period to mean basic salary. 23.02 Such payment shall be limited to a period of two (2) weeks in any twelve (12) month period and shall not include payment to members of the National Guard who may be mobilized during an emergency in the Commonwealth.

23.03 Employees called for duty shall not be required to use their vacation allowance or holidays for such military activity.

ARTICLE XXIV MISCELLANEOUS

24.01 Formation for parades, public ceremonies and like events will be on a voluntary basis unless otherwise ordered by the Chief of Police (only those members in Town and scheduled to report for duty within twenty-four hours are subject to such an order). In the event of a mandatory formation, personnel ordered to attend will be compensated at the rate of time and one- half for those in attendance with a three-hour minimum.

24.02 Department meetings called by the Chief and ordering personnel to attend shall provide for all officers who attend outside of working hours - said officers to be paid at the rate of time and one-half.

24.03 It is further agreed that all off-duty officers attending such meetings shall be paid a minimum of three (3) hours at the overtime rate.

24.04 Implementation of this contract shall not discontinue any previous written benefits granted the employees of the Department.

33 24.05 Layoffs: Probationary employees will be laid off before non-probationary employees. The order of layoff among probationary employees will be at the discretion of the Town. Non-probationary employees will be laid off in inverse order of seniority.

24.06 Notwithstanding any other provisions, the Chief has exclusive discretion to hire any non union personnel to monitor persons in custody while at the Yarmouth Police facility

24.07All officers using the Yarmouth Police Department fitness room shall be compensated according to the below scale for hours of exercise completed in the fitness room:

Shift Gym Hours Time Off 5/3, 523, Administrative 40 Hours One Shift

24.08 Fitness time will be kept separate from all other time. Gym time off can not be submitted more than 8 days in advance and at the time of the request shall not involve the hiring of replacement personnel. Gym time off can not be carried into the next fiscal year and can not be turned in for monetary compensation. Any mutually agreed upon changes in an officer’s shift hours will change the formula at which gym time off is based. The Chief and Union Officials will agree on a proportionate amount of time off.

24.09 Field Training:

Field Training Officers, while assigned to train full-time officers, shall be compensated for their individual training shifts. While training new officers, FTO’s will divide the total sum of $1,200.00 dollars per trainee and will be paid at the completion of the training period. The Chief of Police or his designee will have final approval of the training period. If any officer requires additional FTO training, the FTO will receive $22.00 per shift.

FTO’s who have completed FTO training and have been assigned as an FTO for 6 months will receive $350 annually during July of the next fiscal year.

Trainees assigned to FTO’s will not receive night differential pay during their FTO training period

ARTICLE XXV MANAGEMENT RIGHTS

25.01 Subject only to the express provisions of this Agreement, the Town and the Chief expressly reserve and retain the right to direct and control work of all employees. These rights, whether exercised or not, include, without being limited to, all right and powers which it has under law, the right to select, employ, test and direct the work of the employees; to establish, change and discontinue their duties, to discipline, suspend or dismiss employees not inconsistent with the provisions of this Agreement.

The failure by the Town or the Chief to exercise any of these rights shall not be construed as a waiver of these rights. The exercise by the Town or the Chief of their rights shall not be subject to the grievance and arbitration procedure.

ARTICLE XXVI TERMS OF AGREEMENT

26.01 The terms of this agreement shall commence on July 1, 2018 and end on June 30, 2020, except as follows:

26.02 It is understood that any change in basic compensation shall be effective to July 1, 2018, unless otherwise specified.

26.03 It is understood that any and all changes in fringe benefits authorized at the Town Meeting shall become effective after such Town Meeting unless otherwise authorized by such meeting or meetings.

26.04 By mutual consent, this agreement may be modified or changed by adding new provisions, or deleting existing provisions during the terms of the agreement.

26.05 No amendments or changes to this agreement involving money matters may be made until approved by the constituents of the Town of Yarmouth at Town Meeting.

26.06 Negotiations on a succeeding contract will be initiated not later than January 1, 2020, with the expectation of reaching agreement well in advance of the 2020 Town Meeting.

26.07 If a new contract is not executed on or before July 1, 2020 all terms, provisions and conditions shall remain in full force and effect until such new contract has in fact been executed. This agreement shall be subject to ratification by the Town Administrator and the Union membership and shall be subject to funding by the Town Meeting in each year of the contract.

ARTICLE XXVII PROMOTION POLICY

27.01 Promotion defined: For the purpose of this agreement, a promotion shall be defined as: any change in status that results in an upgrading of salary increments from patrol officer to the rank of sergeant. The transferring of an officer from the uniformed branch to the civilian clothing branch (detectives or such other office that does not require the wearing of a uniform) without his regular salary increment schedule being changed shall not be considered a promotion. For the purposes of this agreement, the assignment of an officer to the detective division or such other non-uniformed position that may be established shall not be considered a promotion unless such assignment carries with it an upgrading in rank to sergeant and or lieutenant.

27:02 ELIGIBILITY:

The following minimum criteria must be met in order to be eligible for a promotion as defined above:

FROM PATROL OFFICER TO SERGEANT:

Three (3) years of continuous service as a full time Yarmouth patrol officer immediately prior to the date of the test unbroken by leave of absence.

Leaves of absence covered under the federal family leave act and maternity leaves will not impact an officers continuous years of service. Any time spent in a higher rank, in an acting capacity, will be counted toward continuous service in that rank, unless such service is broken.

27:03 POINTS:

60 EXAM POINTS:

The passing score for each written exam given shall be determined by the chief upon the recommendations of the developer of the exam. The recommendations will be made available to the president of local 422.

EDUCATIONAL POINTS:

Educational points for degrees in law enforcement related fields.

36 2 points for Associates degree or Honorable Discharge / Active Duty status in any branch of the United States Armed Forces 4 points for Bachelors degree 5 points for Masters degree

CANDIDATE ORAL BOARD POINTS: 30 maximum points for candidate oral board

LONGEVITY POINTS

1 3 + years 2 6 + years 3 9 + years 4 12 + years 5 15 + years

Longevity defined: Time served from date of appointment as a full time Yarmouth police officer up to the date of the exam. Not including leaves of absence as defined in the eligibility paragraph.

27:04 EXAM CRITERIA

Local focus, professionally developed law enforcement promotional exam. The examination will be of multiple choice and will be scored by the developer or vendor of the exam.

FROM PATROL OFFICER TO SERGEANT

50 % Supervisory 25-30% Statutory Law, arrest powers, Mass Constitutional Law. 20-25% Yarmouth Police Dept. Rules and regulations, policies and Procedures. (Total will = 100)

The exam date will be posted with a list of study material. The exam date will not be posted until all study materials are available. After all study materials are available to each officer an exam date will be posted with 70 days notice.

There will be no more than 1 book on any subject covered by the exam. Y.P.D. policy & procedures/rules & regulations are one book.

Candidates shall receive a copy of their answer sheet after the interview process is complete. A copy of each candidates answer sheet shall be copied, sealed and maintained in a manner agreeable by the Union and The Chief of

37 Police.

Every reasonable effort will be made to have the test corrected and the results furnished to the Yarmouth Police Department within ten (10) business days of the exam date. The results of the exam will not be opened until the completion and scoring of the evaluation/interview process. The chief (or his designee) and the union president (or shop steward) will be present at the opening of the exam scores.

Upon completion of the exam the union president and a non IBPO Yarmouth Police Department member will be given a copy of the test. This copy will be used for all officers who have taken the exam to appeal test questions. Appeals are to be submitted within five (5) days. If the exam company agrees, each candidate will be allowed to keep their test booklet upon completion of the test.

All candidates receiving a passing score will go on to the candidate oral board.

27:05 MAKE-UP OF CANDIDATE ORAL BOARD :

SERGEANT:

Chief Deputy Chief 2 Lieutenants 1 Law Enforcement Professional from an outside agency. 1 Sergeant, picked from recommendations by the test takers.

27:06 GUIDLEINES FOR THE CANDIDATE ORAL INTERVIEW/ASSESMENT BOARD A review covering the candidates evaluation forms and personnel file.

Interview of candidate. Every effort will be made to avoid questions that have been covered by the exam. There may be questions on how the candidate would apply material covered by the exam to our officer’s and community.

Board review and point assessment.

The candidate will be allowed fifteen (15) minutes to explore and explain his/her involvement with different aspects of the Yarmouth police department.

The tools to be utilized are the quarterly employee evaluation forms, employee

38 personnel file, outside awards, disciplinary actions, commendations, training, projects, other materials provided by the candidate and the interview.

The candidate order for the oral interview process will be random. Each candidate will be awarded a score for this phase of the testing. This score will be derived without any knowledge of the test scores.

THE INTERVIEW SCORE:

Each interviewer will independently score each candidate. Candidates score will be based upon the quality of each candidate’s interview. When this is completed the interviewers will add their scores for each candidate. The sum of the interviewer’s scores for each individual candidate becomes the candidate’s interview score. The interview score is used to rank each candidate.

The performance evaluation/interviews should be completed and the candidates overall scores shall be tallied within thirty (30) days of obtaining the exam results.

It shall be understood that any challenges to exam questions or the evaluation/interview process could extend the time guidelines set forth in this policy.

27:07 SCORES

The president of the IBPO or his designee shall be present during this final calculation of the candidate’s scores.

The exam numbers will then be matched with the exam names. The points for the exam will be the exam score multiplied by the available points for the exam (60 points). The exam score (60 max), the evaluation/interview score (30 max), educational points (5 max) and the longevity points (5 max) will be totaled. The names of the top six (6) sergeant candidates and lieutenant candidates including any ties in total points with the sixth place score will go to the chief.

27:08 PROMOTIONAL LIST In constructing a list the chief’s selections should be made within three (3) days of the completion of the promotional process. The chief’s list will be posted in the police facility. When promoting from the list if the chief’s choice is not the top candidate from a duly constituted list (i.e., as prescribed above), the chief must show just cause as to why the top candidate was not promoted.

A position is filled only when there is a vacancy. A vacancy is when a new

39 position is added or when a person in a funded position is demoted, is promoted, retires, dies or employment with the town is terminated (fired).

The date that the Yarmouth Town Administrator certifies the chief’s letter establishing the list will be considered the official starting date of the sergeants and lieutenants promotional list. The list will exist for two (2) years. The order of the candidates by composite score will not change. The list will only be accompanied with a recommendation of the chief. If there is a need for another position the next candidate will be moved up. When there is an active sergeant promotional list any acting sergeant will come from these lists.

In the event of an overall failure to qualify, the examination will be opened to the next lowest grade. Officers have the right to refuse any promotion. If all candidates on a duly constituted list are by-passed for promotion, the entire process to establish a new list will be redone.

40 APPENDIX I WAGES AND COMPENSATION JULY 1, 2018 - JUNE 30, 2020

The pay scale for Police Officers employed by the Town of Yarmouth shall be as follows:

1. Cost of Living Adjustments (COLAs):  FY2019 – 2 ½ %  FY2020 – 2 ½ %

Hourly Pay Plan:  Effective July 1, 2018 (FY19) – ½% increase to Step 8 & 9  Effective July 1, 2019 (FY20) – ½% increase to Step 8 & 9

2. Officers shall receive their step raises on their anniversary date of hire as a full time Town of Yarmouth employee with unbroken service and will be paid at the next available pay date.

3. NON PATROL SHIFT DIFFERENTIAL Any officer assigned to an administrative schedule, (5-2), shall receive, after one year, $600.00 per year above their regular pay. The payment will be made during the month of January each year

Any officer who performs in a capacity above their rank will be compensated for the higher rate of pay for the time worked. Refer to 17.07.

4. NIGHT DIFFERENTIAL

5/3,523 Schedule Night Differential - An additional payment of fifty ($50) dollars per week will be paid to all members of the Department assigned to a shift, the majority of which is worked from Midnight to 6:00 a.m. An additional payment of forty-five ($45) dollars shall be made to those members of the Department assigned to a shift, the majority of which is worked from 6:00 p.m. to midnight.

Officers, who are not Detectives, and are assigned to an administrative work schedule will receive the night differential that applies to the hours worked. This will apply to only those nights during which the officer is working a regularly assigned night shift. Officers who work a scheduled 4-12 shift will receive the appropriate night differential on the nights that they work the scheduled shift. This is not to exceed Two (2) nights per week.

5. DETECTIVE DIFFERENTIAL

41 Effective FY2017, Detectives will be compensated by adding 4.5% to their base pay in recognition of the required schedule including some night shifts and on call requirements

6. LONGEVITY PAY

All IBPO local 422 members of the department shall be paid an additional annual compensation in increments as follows: Completion of 5 years of service $375.00

Completion of 10 years of service $450.00

Completion of 15 years of service $550.00

Completion of 20 years of service $650.00

Completion of 25 years of service $800.00

Completion of 30 years of service $950.00

Payment of this compensation will be by December 15th or July 15th following the officer’s anniversary date with the police department.

7. MEALS TAKEN OUT OF TOWN The town will reimburse officers for “Out of town” meals taken as part of in service training at the rate of the actual cost of the meal with appropriate receipts being submitted along with verification of attendance. This does not include reimbursement for officers who attend in service training at the Yarmouth Police Facility. Regarding meals taken as a result of assignments “Out of Town”, (“Out of Town” is defined as investigations or assignments of more than (4) hours with prior approval of a supervisor.), Officers will be reimbursed for actual expenditures at the rate of up to $20 dollars per diem based upon the submission of the work assignment, training, or workshops notice and the submission of an appropriate receipt. It should be noted that the “Out of Town” assignments do not include court assignments that take place inside Barnstable County. The only court assignments for which officers will receive per diem reimbursements will be for those court assignments that are attended out side of Barnstable County. There will be no meal reimbursements for officers who are “out of town” on any details and there will be no reimbursements for meals provided by the assigned training or workshops. If you attend training and or a workshop “Out of Town” and the training session or the workshop offers lunch, officers will not be entitled to reimbursement.

42 Appropriate Receipts. Appropriate receipts are those, which identify the name of the restaurant, the date of the meal and a listing of the food, which was purchase. In the cases, where the receipt does not contain the name of the restaurant, the name of the restaurant should be inserted or attached and initialed by the officer. In case where the only receipt is a small tab an appropriate “small tab” receipt will contain the name of the restaurant, the name of the town in which the restaurant is located and what was eaten. The officer must also place his of her signature on the small tab receipt. When all bills are submitted they should include original receipts and verification of attendance or assignments for out of town police business.

8. COLLEGE EDUCATION INCENTIVE

Beginning in FY17, any Level One Officer who has attained 60 college credits will be eligible to receive an annual incentive of $30 per credit hour for any additional accepted college credits with a maximum of $1,800 or 60 credits. Education incentive pay will be included in base hourly wage rates.

Amount of credits: 0-60 No additional pay 60-120 $30 per credit

Officers must supply the verifying information such as transcripts and diplomas from an accredited college or university. It must be demonstrated that the credits are in a field of study related to police work or requirements for a degree including but not limited to the following: Criminal Justice, Homeland Security, Emergency Management, Sociology, Psychology, Forensic Science, Public Administration, Law or other field of study that relates to police work as approved by the Chief. Officers must submit anticipated credits or degrees by September 1st so that payments can begin July 1st of the next fiscal year.

9. Pay Plan Levels:

LEVEL 1 Nicholas Pasquarosa, Paulo Cruz, Mark Thibeault , Albert Sprague, James Cheverie, Scott Lundegren and all officers hired after 1-1-10

LEVEL 2 Chris Capobianco, Gordon Gibbons, Erica Wenberg, Paul Mellett, Sean Brewer, Mary Gibney, Mark Noone, Christopher Vanness, Christopher Marino, Justin Haire and Richard Fichter

LEVEL 3 David Dickey, Eric Nuss, Kevin Antonovitch, George Tsoukalas, David

43 Schneeweis, Philip Magnuson, Michael Zontini, Michael Kramer, Melissa Alden, Louis Nickinello, Chris Kent, Brian Niezgoda .

Fiscal Years:  Fiscal year 2019 runs July 1st 2018 to June 30th 2019  Fiscal year 2020 runs July 1st 2019 to June 30th 2020

44 TOWN OF YARMOUTH AND LOCAL #467 AGREEMENT JULY 1, 2018 through JUNE 30, 2020

This agreement shall be subject to ratification by the Town Administrator and the Union Membership and shall be subject to funding by the Town Meeting.

YARMOUTH SELECTMAN I.B.P.O. LOCAL #467

______

Date______

Table of Contents

ARTICLE I - RECOGNITION ...... 1 ARTICLE II - TERMS OF THE AGREEMENT ...... 1 ARTICLE III - ELIGIBILITY ...... 2 ARTICLE IV - LONG RANGE GOALS ...... 2 ARTICLE V - NON-DISCRIMINATION ...... 3 ARTICLE VI - UNION SECURITY ...... 3 ARTICLE VII - GRIEVANCE PROCEDURE ...... 4 ARTICLE VIII - PUBLIC COMPLAINTS ...... 5 ARTICLE IX - PAY RATE INCREASES ...... 5 ARTICLE X - WORK WEEK & PAYROLL ...... 6 ARTICLE XI - JOB POSTING AND BIDDING...... 7 ARTICLE XII - SENIORITY ...... 9 ARTICLE XIII - HOLIDAYS ...... 9 ARTICLE XIV - SICK LEAVE ...... 10 ARTICLE XV - FUNERAL LEAVE ...... 14 ARTICLE XVI - INJURY LEAVE ...... 15 ARTICLE XVII - VACATION LEAVE ...... 15 ARTICLE XIII - PERSONAL DAYS ...... 17 ARTICLE XIX - MATERNITY LEAVE...... 17 ARTICLE XX - LONGEVITY ...... 17 ARTICLE XXI - MEDICAL ...... 18 ARTICLE XXII - LEAVE OF ABSENCE ...... 19 ARTICLE XXIII - SEVERANCE PAY ARTICLE XXIV - ANNUAL COMPENSATION SCHEDULE UNIT B ...... 21 ARTICLE XXV - MISCELLANEOUS ...... 21 ARTICLE XXVI - MANAGEMENT RIGHTS ...... 22 ARTICLE XXVII - NO STRIKES ...... 23 ARTICLE XXVIII - FAMILY AND MEDICAL LEAVE ACT ...... 23 ARTICLE XXIX - DRUG AND ALCOHOL TESTING...... 23 ATTACHMENT #1 Policies and Procedures for Professional Salary Range and Performance Evaluation Plan ...... 263 ATTACHMENT #2 Merit Pay Increase Guidelines Effective July 1, 1997 Ratio of Salary to Midpoint of Salary Range ...... 285 ATTACHMENT #3 Salary Ranges…………………………………………………………...…26 ARTICLE I - RECOGNITION

1.01. Local 888 Unit B of the Service Employee International Union, hereafter referred to as the Union is recognized by the Town of Yarmouth as the sole bargaining agent for Unit B consisting of the following Division Heads: Building Commissioner, Golf Course Superintendent, Building & Grounds Superintendent, Highway Superintendent, Town Engineer, Town Surveyor, Water Superintendent, Waste Management Superintendent, Natural Resources Director, Director of Golf Operations, Golf Course Operations Manager (Bayberry and Bass River) Director of Assessing, Health Director, Senior Planner, Staff Planner, Town Clerk, and Recreation Director, but excluding all other employees of the Town of Yarmouth.

ARTICLE II - TERMS OF THE AGREEMENT

2.01. This contract shall be effective commencing on July 1, 2018 and shall terminate on June 30, 2021.

2.02. It is hereby agreed that this Agreement contains the complete agreement between the parties and no additions, waivers, deletions, changes or amendments shall be made during the life of the Agreement except by the mutual consent in writing of the parties hereto. The Union acknowledges that during the negotiations which resulted in the Agreement, it had the unlimited right and opportunity to make demands and proposals with respect to all proper subjects of collective bargaining, that all subjects have been discussed and negotiated, and that the agreements contained in this Agreement were arrived at after free exercise of such rights and opportunities. The Union therefore, voluntarily and without qualifications, waives any rights it may have had in this respect and agrees that the Town shall not be obligated to bargain collectively with regard to any subject or matter covered or referred to in this Agreement.

2.03. It is agreed that for the duration of this Agreement there shall be no change in the following practices and policies that were in effect prior to this Agreement.

A. License renewals during working hours.

B. In the event of personal emergencies occurring on the job, meaning eye glasses or other aid devices necessary to performing their work getting broken, or becoming inoperative, they may be attended to on Town time.

C. All departments requiring the wearing of uniforms will continue to provide such uniforms.

D. A member who travels out of town for training or another bona fide business purpose

may be reimbursed up to $60 per day for meals.

2.04. If any provision of this Agreement or any application thereof affecting the members of Local 888 are found contrary to law, they shall remain in effect to the extent permitted by law but all other provisions of this Agreement shall continue in full force and effect.

2.05. If a new contract is not signed and binding by June 30, 2021, the present contract will stay in full effect until such time as the new contract is signed.

ARTICLE III - ELIGIBILITY

3.01. Any person employed by the Town in a non-policy making position is eligible for membership in the unit for bargaining following six (6) consecutive months of employment by the Town.

3.02. Whereupon any person who has worked for the Town longer than six (6) months and has not joined the Union shall pay an agency fee amounting to the regular Union dues less the cost of insurance. This payment may be either by payroll deduction or paid directly to the Union Treasurer.

3.03. Every new employee shall be certified as to his or her physical fitness to be doing his or her job before joining the Union.

3.04. No employee covered by this Agreement shall be discharged, suspended, demoted, or otherwise reduced in rank or compensation without just cause. This section shall apply only to employees having successfully completed their probationary period.

3.05. Probationary period of one year. Disciplinary actions up to and including discharge, cannot be grieved within that time period. Other grievable actions may be grieved after six (6) months.

ARTICLE IV - LONG RANGE GOALS

4.01. The purpose and intent of the parties to this Agreement is to continue their harmonious relations, to promote mutual cooperation and understanding concerning rates of pay, hours of work, and conditions of employment.

4.02. Through this Agreement, we are committed to the mutual objective of securing harmony and good will between the Town of Yarmouth and its Local Union members of SEIU Local 888.

ARTICLE V - NON-DISCRIMINATION

5.01. The Town of Yarmouth and the Union agree that they shall not interfere with the right of any employee to join or not to join the Union.

5.02. It is further agreed that the Town of Yarmouth and the Union shall not discriminate against any employee for his membership in the Union or non-membership in the Union.

5.03. Neither the Town of Yarmouth nor the Union shall unlawfully discriminate against any employee because of such employee's race, creed, color, religion, age, sex or national origin.

5.04 It is further agreed that the Town of Yarmouth shall not harass and/or discriminate against a Union representative because of his or her position in the Union.

ARTICLE VI - UNION SECURITY

6.01. The negotiating committee shall consist of the President and/or Vice President and three (3) members elected from the body.

6.02. These four (4) members of the Union shall be permitted to discuss all contract negotiations, grievances and arbitration with Town Administrator during business hours.

A. Any discussion shall be limited to one hour if held during business hours.

B. Wherever possible, all Union business shall be discussed prior to on duty time or after on duty time.

C. Paragraphs A & B of Section 6.02 shall also pertain to the Shop Steward and any Union employee only in cases of alleged grievances.

6.03. Local Union officials, or representatives designated by them, shall be granted time off without loss of pay to attend any National Convention or emergency meeting called by the National or Regional Office to the SEIU, providing that the total number of days does not exceed ten (10) in any one fiscal year.

6.04. The Local shall be required to submit, whenever possible, to the Town Administrator the name of the Union representative or representatives, and the number of days of each leave, not to exceed five (5) working days in any one week for any individual.

A. In the event of an emergency meeting the Town Administrator will be given as much advance notice as possible.

ARTICLE VII - GRIEVANCE PROCEDURE

7.01. The purpose of this Grievance Procedure is to settle all alleged grievances of members of the Department as quickly as possible, so as to insure efficiency and promote employee morale.

7.02. The term grievance shall include only those claims which allege a specific and direct violation of express language of a specific provision of this Agreement.

7.03. Step 1 - Within seven (7) calendar days from the occurrence of the events giving rise to the grievance, an employee may present a grievance in writing to the Department Head. The grievance shall include a statement of the facts upon which it is based, the contract provisions relied upon and the relief requested. It shall be signed by both the employee and the Chairman of the Union Grievance Committee.

Step 2 - If the grievance is not resolved at Step One, then within seven (7) calendar days from the receipt of the answer of the Department Head or within thirty (30) calendar days of the initial filing of the grievance, whichever is sooner, the aggrieved employee may submit the written grievance to the Town Administrator.

The employee may be accompanied to any hearing by a Union representative of his or her choice.

Step 3 - If the grievance is not resolved at Step Two, then within thirty (30) calendar days from the submission of the grievance to the Town Administrator, the employee may submit a request for arbitration of the written grievance. No employee grievance shall be submitted to arbitration without the approval of the Union Grievance Committee.

In computing time limits herein, Saturdays, Sunday and the designated holidays named in the first sentence of 14.01 shall not be counted.

7.04. The authority of the Arbitrator shall be limited to the terms and provisions of this Agreement and to the question or questions which are submitted. The Arbitrator shall not have any authority to change the established salary schedule or other forms of compensation as provided in this Agreement nor to establish any terms or conditions of employment or to add to, subtract from, modify or otherwise change any of the terms or provisions of this Agreement. The decision of the Arbitrator shall be final and binding on both parties.

7.05. The selection of the Arbitrator shall be by the agreement of both parties. In the event an Arbitrator cannot be agreed upon by both parties, an Arbitrator shall be selected according to the rules of the American Arbitration Association, which shall provide a list of arbitrators for the parties' selection.

7.06. The expenses of arbitration shall be borne equally by both parties.

7.07. The time limits specified in the preceding paragraphs may be extended by agreement of both parties. In the absence of such agreement, however, failure to comply with the above time limits for instituting and pursuing grievances shall be conclusively deemed to be a waiver of all rights under this article.

7.08. The Town of Yarmouth shall have the right to utilize the grievance procedure on its own behalf, including the final step of arbitration.

7.09. If, at any step, an answer is not received within the time limits set forth above, then the grievance shall be deemed to have been denied at that step.

ARTICLE VIII - PUBLIC COMPLAINTS

8.01. Any charge or complaint may be made by a member of the public, i.e., resident, town employee, non-resident, etc., against any employee covered by this Agreement, but the Town Administrator shall not recognize the charge or complaint until they have been provided with details of the complaint in writing by the complainant.

8.02. After the complaint has been presented to the Town Administrator, the Town Administrator shall act or schedule a hearing, but shall decide the issue within fourteen (14) calendar days or dismiss the charges. In the event the Town decides to schedule a hearing on such a public charge or complaint, a redacted copy of the complaint shall be forwarded to the employee who is the subject of the complaint, at least seven (7) calendar days before the hearing.

8.03. Disciplinary decisions will be discussed in advance with the employee’s immediate supervisor, their immediate supervisor, and the current union president. The ultimate decision to issue discipline and the severity of that discipline is ultimately up to the Town Administrator or their designee.

ARTICLE IX - PAY RATE INCREASES

9.01. Every employee in a position for which a salary range is provided will be considered for an increase in compensation effective on their anniversary of appointment to their current position in accordance with the following:

1. The department head having jurisdiction over an employee about to be eligible for a pay rate increase, will within thirty days of eligibility, submit a written performance evaluation on a form developed and approved by the Town Administrator, as to whether

said increase should be granted. Within thirty (30) days after the receipt of the recommendation, the Town Administrator shall grant or deny the increase and state its reasons in writing.

If the increase is granted, it shall be effective on the closest anniversary date of the employee's appointment to the current position.

2. Performance evaluations shall be conducted in accordance with Article IV B of Attachment #1 Policies and Procedures for Professional Salary Range and Performance Evaluation Plan". All other parts of Attachment #1 are included for information only.

3. Pay increases shall be granted in accordance with Attachment #2 "Merit Pay Increase Guidelines".

4. If an employee takes an unpaid leave of absence for 30 calendar days or more, the date of eligibility for a merit pay increase will be moved ahead by the number of days which corresponds with the length of the leave for that year only. For example, if an employee’s anniversary date is March 1 and the employee takes an unpaid leave of six weeks ending January 1, 2005, said employee would be eligible for a merit increase on April 14, 2005 and again on March 1 of 2006.

9.02. Hiring ranges shall be developed when vacancies exist based on a recommendation of the Department Head. The hiring rate may be anywhere within the hiring range but normally no more than the midpoint of the established salary range for the position. No employee shall be hired at less than the minimum point of the established salary range for the position. Newly promoted employees shall be paid a salary within the established range based on a recommendation of the Department Head. An employee placed in a higher category must be compensated accordingly and cannot receive less money than she/he was previously receiving.

9.03. The Union agrees and recognizes that the Town Administrator has the right to grant or deny pay increases and that the denial or granting of pay increases is based on performance.

ARTICLE X - WORK WEEK AND PAYROLL PROVISIONS

10.01. The work week for full time employees in Unit B shall be a minimum of forty(40)hours per week.

10.02. New employees whose scheduled work week is less than thirty (30) hours shall not be considered regular employees of the Town of Yarmouth, therefore they shall not be covered by this Agreement.

10.03. Employees covered hereunder understand and acknowledge that they are regularly expected to work beyond a forty hour work week and to attend department meetings, Boards and Committee meetings, Board of Selectmen and Town Meetings. The Town does agree to allow professional time or a flexible work schedule. Such flexible schedule will allow employees to take time off from work without such time being charged against vacation or other personal time.

10.04. There shall be no formal accounting of professional time. Employees shall notify their Immediate Supervisors if and when time will exceed two (2) hours in order to ensure accountability to the public. Employees are encouraged to keep their own records of time worked and time taken in the event their whereabouts are questioned.

10.05. An employee who is required to work a holiday, or when the Town Office is closed for emergencies, will receive personal time equal to time worked.

10.06 All employees shall be paid via direct deposit.

10.07 It is agreed that after July 1, 2018 wages may be paid weekly or bi-weekly at the Town’s discretion. The Town shall provide at least three months of notice prior to implementing a change under this subsection.

10.08 It is agreed that after July 1, 2018 benefit deductions (including health insurance and life insurance) may be applied four times per month or weekly at the Town’s discretion. The Town shall provide at least three months of notice prior to implementing a change under this subsection.

ARTICLE XI - JOB POSTING AND BIDDING

11.01. When a position covered by this Agreement becomes vacant or a new position is created, such vacancy or new position shall be posted in the employment section of the Town website and a copy shall be provided to the Union President listing the pay, duties, and job specification. This notice of vacancy or new position shall remain posted for five (5) working days. Allegations of failure to comply with the above posting requirements shall be subject to the grievance procedure.

11.02. No appointment may precede the notice posting. If a vacancy is not filled after sixty (60) days, the Town will inform the Union President in writing of plans for the position.

11.04. There shall be no job posting for temporary (up to 30 days), part time or seasonal positions, provided, however, that if the length of the temporary (as opposed to seasonal or part time) appointment is exceeded then any failure to post at the end of said period may be subject to

the grievance procedure.

11.05. The existence or non-existence of a vacancy is to be decided solely by the Town of Yarmouth and the Town's determination shall not be subject to the grievance and arbitration procedure. Where the Town has determined that a vacancy exists, it shall give first consideration for the position to existing Town employees who apply for it. The ultimate decision of which applicant is most qualified for the position, however, is to be decided by the Town. This decision shall not be grievable or arbitrable.

ARTICLE XII - SENIORITY

12.01. An employee's continuous length of service with the employer, namely the Town of Yarmouth, shall determine the seniority of the employee.

12.02. In the event of a layoff or job abolition, employees in the affected classification shall be laid off in order of seniority with the least senior person laid off first, etc. In the event of recall, employees shall be recalled in order of seniority with the most senior person on layoff recalled first, etc. All laid off employees shall have first opportunity at temporary jobs in their classification or newly created positions very similar or the same as their classification. Each position listed in Section 1.01 shall be considered a separate classification for purposes of this article.

12.03. Full-time employees have seniority over part-time employees.

ARTICLE XIII - HOLIDAYS

13.01. Designated holidays shall be New Year's, Martin Luther King Day, Washington's Birthday, Patriots Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, and Christmas. The above, plus any new holidays, will be recognized as paid holidays on the days on which they are observed within the Commonwealth of Massachusetts. If New Year's Day, Martin Luther King Day, Independence Day, Veteran's Day, or Christmas Day fall on a Sunday then it will be observed on the following Monday. If one of the above-designated holidays occurs on a Saturday, it will be observed on the Friday immediately preceding it.

13.02. Any additional holidays may only be granted by a four-fifths (4/5) vote of the Board of Selectmen and the notice must be in writing.

13.03. Every employee under this Agreement shall have eleven (11) paid holidays in every calendar year.

13.04. Payment under the provisions of this section shall be made to full-time employees providing that the eligible employee shall be on pay status on the regularly scheduled work day next preceding and shall be on pay status on the regularly scheduled work day next following each designated holiday.

ARTICLE XIV - SICK LEAVE

14.01. Every employee occupying a full-time position in which the employee works a regularly scheduled number of hours per week shall accrue 15 sick leave days per year until 12/31/2013. Effective 1/1/2014 each member shall accrue 12 sick leave days per year. Members shall be allowed by the supervisory authority to apply accrued sick leave with pay for sickness or injury not incurred in the course of his employment.

A. Part-time employees shall be compensated for sick leave pro-rated to number of hours worked during each month.

14.02. Sick leave allowed under provisions of the preceding paragraph shall be cumulative up to and shall not exceed a total of 150 days.

14.03. When absence on sick leave is for a period of more than five (5) consecutive working days, each such employee shall file a Physician's Certificate of Disability, signed by a regularly licensed and practicing physician, before the employee shall be entitled to compensation as herein provided.

The accounting officer shall keep a record of all sick leave granted to each employee covered by this Agreement. An employee may be required to furnish a doctor’s certificate for illness of less than five (5) days if, in the opinion of the Town Administrator, there is a pattern of sick leave abuse in the employee’s use of sick leave, before the employee shall be entitled to compensation as herein provided. The Town shall pay for any examination required by the Town Administrator for an absence of less than five (5) days.

When absence on sick leave is for a period of more than 9 working days, a Physician’s Certificate of Disability shall be provided to substantiate the duration of the employee’s medical condition and inability to work.

A. If an employee works six (6) months without using a sick day, he/she will receive one additional personal day. If an employee uses more than five (5) sick days in any six (6) month period, then he/she will not be eligible for the incentive for the next six month period. The six (6) month periods will be calculated as follows: January through June and July through December for a total of two six (6) month periods per year. Sick Leave donated to the Sick Bank shall not be counted as using sick leave for the purposes of this section 14.03.

14.04. Employees whose services are terminated shall not be entitled to compensation in lieu of sick leave not taken.

14.05. Sick Leave A. Personal emergencies An employee covered by this Agreement may be granted paid sick leave for personal

emergencies, or serious illness at home, for not more than one day per calendar year. Usage of sick leave for a personal emergency will be documented by the employee with a note on the payroll or a memo to the Town Accountant.

B. Care of a family member Employees covered by this Agreement who take an approved Family Medical Leave Act leave for care of a child, parent or spouse may charge such leave to sick leave provided that the employee has no more than five days of credited vacation leave.

C. Small Necessities Leave: Employees covered by this Agreement and eligible for Family Medical Leave in accordance with Federal Law may use up to 24 hours of sick leave within a calendar year to: 1. Participate in school activities such as parent-teacher conferences or interviewing for a new school; 2. Accompany the son or daughter of the employee to routine medical or dental appointments; 3. Accompany an elderly relative of the employee to routine medical or dental appointments. In order to use sick leave for the purposes described in this section, the employee must provide his/her supervisor with at least 48 hours advance notice and the employee must submit a written request that briefly describes the reason for the requested leave. The employee’’s supervisor will then initial the request and attach it to the employee’s payroll for that week. In the unusual situation when the employee is unable to provide 48 hours advance notice, the employee will describe the circumstances which made advance notice impossible in the written leave request and the Department Head will determine whether the circumstances justify leave without notice.

14.06. Absences on account of sickness in excess of that authorized under this Article or for personal reasons not provided for therein may, at the discretion of the Town Administrator, be charged to vacation.

14.07.

A. Employees who resign after more than three years employment with the Town and who provide at least two weeks advance written notice of resignation will be paid 33% of their accrued sick leave after deducting five (5) sick leave days per year for each full year of employment up to a maximum deduction of fifty (50) days. The maximum payment under this section shall be capped at $3,500. (Effective date July 1, 2007) Example:  Employee Smith resigns after eight(8) years of employment and has accumulated a balance of 82 days sick leave.  82 days – 8 yrs. x 5 days = 42 days sick leave.  At separation, Smith receives 33% of 42 days pay to a maximum of $3,500.

B. Employees who take a superannuation retirement while employed by the Town and who provide at least one month advance written notice will be paid 33% of their accrued sick leave

after deducting five (5) sick leave days per year for each full year of employment up to a maximum deduction of fifty (50) days. The maximum payment under this subsection shall be capped at $3,500.

 For those active employees who provide three (3) months advance written notice before taking a superannuation retirement the maximum, payment under this subsection shall be capped at $7,500.  For those active employees who provide at least six (6) months advance written notice before taking a superannuation retirement, the maximum payment under this subsection shall be capped at $10,000.  In the event of an employee’s death, estate will receive 50% of the maximum amount of sick leave accrual with a maximum cap of $10,000.

The employee's most recent base daily pay rate will be used in calculating the payment under this section.

14.08. A. Employees may receive payment for a portion of the accumulated unused sick time according to the following schedule until 6/30/2014:

1. An employee who, at the time of completion of five (5) years of continuous full time service with the Town, has accumulated at least 50 days of sick time, may sell 5 (five) of these days to the Town for 2 (one-half) of five days' pay. The 5 days sold to the Town will be deducted from the employee's total of accumulated sick days.

2. An employee who, at the completion of ten (10) years of continuous full time service with the Town, has accumulated at least 100 days of sick time, may sell 10 (ten) days to the Town for 2 (one-half) of ten days' pay. The ten days sold to the Town will be deducted from the employee's total of accumulated sick days.

3. An employee who, at the completion of fifteen (15) years of continuous full time service with the Town, has accumulated at least 120 days of sick time, may sell 10 (ten) days to the Town for 2/3 (two-thirds) of ten days' pay. The ten days sold to the Town will be deducted from the employee's total of accumulated sick days.

4. An employee who, at the completion of twenty (20) years of continuous full time service with the Town, has accumulated at least 140 days of sick time, may sell 10 (ten) days to the Town for ten days' pay. The ten days sold to the Town will be deducted from the employee's total of accumulated sick days.

5. An employee who has accumulated at least 140 days of sick time may sell 10 (ten) days to the Town for ten days of pay after completion of twenty-five years, thirty years, thirty- five years and forty years of service. The ten days sold to the Town will be deducted 12

from the employee's total of accumulated sick days.

6. An employee wishing to sell sick time to the Town under the provisions of this section must give the Town written notice of the employee's intention within 30 calendar days of the applicable eligibility date or lose the right to sell the sick time at that eligibility date.

7. The maximum which can be paid to any employee under any of the above sections is $1,670 in FY >01 (One thousand six hundred seventy dollars), $1,720 in FY >02 (One thousand seven hundred twenty dollars) and $1,772 in FY 03 (One thousand seven hundred seventy-two dollars). The employee's most recent base daily pay rate will be used in calculating the payment under this section. After twenty-five (25) years, an employee may buy back sick time at any time, but not more than once every five (5) years under the same provisions of Section 5.

8. The sick leave buyback program outlined in this section is effective July 1, 1986. Members of the unit who reach their 5, 10, 15, 20 or 25 year anniversary of continuous full time service on or after July 1, 1986, will be paid according to the schedule outlined above.

9. If funds for sick leave buy back are not available for a particular employee in the fiscal year that the employee is eligible for the buy back, the cost will be included in the following year’s budget and paid in July of the following fiscal year. There will be no change to the date of the employee’s future sick leave buy back eligibility as a result of a deferral of payment due to lack of available funds.

14.08.

B. Effective 7/1/2014 section 15.08A. shall be deleted in its entirety and replaced with the following:

Each member shall be eligible for Sick Leave Buyback in accordance with the following terms and conditions: A member must have a minimum balance of 45 days of accrued sick leave as of June 30th of the fiscal year preceding the year in which the payment is received – i.e. 6/30/2014 for FY2015 payment. The number of sick leave days sold shall be based upon the number of days sick leave used in the prior fiscal year as follows:

# SL Days Used # of SL Days to be Sold at Full Value 0 5 1 4

2 3 3 or more 0

In order to be eligible to receive Sick Buyback payment under this section, the employee must provide notice to his/her supervisor by October 1st to receive payment in the following fiscal year.

E.G.  Employee uses 1 day of Sick Leave from 7/1/2012 to 6/30/2013;  By 10/1/2013, employee notifies supervisor of intent to Sell 4 Days Sick Leave;  Employee receives payment by 9/1/2014.

14.09 Sick Bank A. In lieu of requesting donations of sick time from other SEIU Unit B members, members may donate up to 5 days each year into a bank to be used by any SEIU Unit B member when that member has exhausted his or her sick time. A board of review that consists of three negotiators will recommend on the amount of sick time to be used by said member requesting the time. The recommendation of the review board is subject to the approval of the Town Administrator or his designee. The final decision of the Town Administrator or his designee is not grievable of arbitrable.

B. The number of days donated to any one individual employee shall be limited to 30 days within a 365 day period.

ARTICLE XV - FUNERAL LEAVE

15.01. Funeral Leave A. Each employee may be granted leave with regular pay for four (4) consecutive days in the event of a death in the employee’s immediate family except when both the Union and the Town agree that there are extenuating circumstances in which case leave beyond four (4)days can be charged to sick leave. Paid leave in excess of four (4) days may be granted if the parties agree such extenuating circumstances are present and the employee has no sick leave available. The immediate family shall be considered to include mother, father, wife, husband, domestic partner, son, daughter, brother, sister, step-parent, step-sibling, step children, mother-in-law, father-in- law, son-in-law, daughter-in-law, grandparents, grandchildren and any other relative living in the employee’s household.

B. Each employee may be granted leave with regular pay for two (2) days in the event of the death of one of the following relatives: uncle, aunt, first cousin, nephew, niece, sister-in-law, brother-in-law, godparent, godchild, or any other person with whom the employee has a family- like relationship.

15.02. Funeral leave as outlined above shall not be deductible from accumulated sick leave. 14

ARTICLE XVI - INJURY LEAVE

16.01. Any employee injured or disabled in the performance of his duties as a Town employee, shall not lose sick days if the same is covered by the Insurance Coverage provided by the Town.

16.02. His payment for injury, his return to work, or retirement on disability pension shall be as required by existing laws of the Commonwealth.

16.03. Injury or disability self-imposed or resulting from the misuse of alcohol or drugs shall not be considered a proper claim for leave under this section.

ARTICLE XVII - VACATION LEAVE

17.01.

1. Effective January 1, 2014 every employee occupying a position in which benefits are available shall accrue annual vacation leave based on the length of service as follows:

Six months to one year service Five (5) days After completion of one (1) year Eleven (11) days After completion of two (2) years Twelve (12) days After completion of three (3) years Thirteen (13) days After completion of four (4) years Fourteen (14) days After completion of five (5) years Fifteen (15) days After completion of six (6) years Sixteen (16) days After completion of seven (7) years Seventeen (17) days After completion of eight (8) years Eighteen (18) days After completion of nine (9) years Nineteen (19) days After completion of ten (10) years Twenty (20) days After completion of eleven (11) years Twenty-one (21) days After completion of twelve (12) years Twenty-two (22) days After completion of thirteen (13) years Twenty-three (23) days After completion of fourteen (14) years Twenty-four (24) days After completion of fifteen (15) years Twenty-five (25) days

Effective July 1, 2018, members who accrued more than 25 days per year as of 12/31/2013 will accrue one (1) additional vacation day per year until they reach thirty (30) vacation days per year.

It is agreed that the above vacation schedule shall be re-negotiated in the event that the Union seeks to add the non-union position of the Assistant Director of Public Works to the bargaining unit.

2. Vacation shall be credited monthly such that the days received in the 12-month period following each member’s anniversary date equals the number provided above based upon years of service in Unit B.

3. A. Vacation time shall be cumulative and shall accumulate on the basis of:

a. a 52 week year, b. a five day work week

B. For new hires, the Town Administrator shall have the discretion to recognize previous years of related professional experience and award up to twenty days vacation (10 days after six months and an additional 10 days after on year of service). In the event a new employee is awarded more than eleven days after one year, said employee will be treated as if he/she had the number of years in service with the Town as corresponds to the number of vacation days awarded in the first year plus time in service with the Town of Yarmouth.

Example: Employee Jones hired 2010. Town Administrator recognizes five (5) prior years experience as related professional experience. In Jones’ first year, vacation accrued at 15 days/year. In second year, vacation accrued at 16 days/year, etc.

D. Probationary Employees: Accumulated vacation leave shall be immediately available for use by employees after one month of continuous employment.

E. Department heads and other supervisors shall grant vacations at such time during the year that will best serve the public interest; but shall not be unreasonably denied. Preference may be given to employees on the basis of years of service.

F. Severance: Any unused accrued vacation leave available to an employee at severance shall be paid to the employee at their most recent base daily rate. If severance is caused by death then the unused accrued vacation leave shall be payable to the estate or heirs of the deceased employee.

G. Carry Over: No more than the number of days the employee is able to accumulate within one year of service may be carried over into the next year. The Town Administrator, or his designee, may consider a request to carry forward up to ten (10) days more than one year’s accrual, in which case said days must be used by March 31 of the following year.

17.02. Department heads shall grant vacations at such times during the calendar year as will best serve the public interest. Preference shall be given employees on the basis of seniority.

17.03. Upon the death of any employee eligible for vacation leave, payment shall be made to the estate or heirs of the deceased for the proportion of the vacation accrued in the calendar year prior to death which the number of days worked bears to the total working days in such year. 17.04. Employees eligible for vacation leave whose services are terminated by dismissal through no fault or delinquency of their own, or by retirement, or by entrance into the armed forces, shall be paid for that proportion of their vacation accrued in the calendar year during which such termination occurred which the number of days worked bears to the total number of working days in such year.

ARTICLE XIII - PERSONAL DAYS

18.01. Every employee covered by this Agreement shall receive 4 days of his choice off per year, with the approval of the Town Administrator, to be used in part or in whole at the employee's discretion. These days shall not be deducted from earned vacation or sick leave time. Personal days shall not be cumulative from year to year.

Employees hired after July 1, 2018, shall receive a pro rata share of four (4) personal days for the first fiscal year based on the fraction of the fiscal year worked, i.e. number of Weeks of Service divided by fifty-two (52) weeks times four (4) personal days.

ARTICLE XIX - MATERNITY LEAVE

19.01. Whenever an employee shall become pregnant, she shall furnish the Employer with a certificate from her physician stating the expected date of her delivery. She shall be permitted to continue working provided her physician certifies that she is able to continue working. Maternity leave will be granted without pay for a period of up to ninety (90) days after the date of delivery. The Employer shall reinstate her to her former position and department at the expiration of said leave. An employee who is pregnant or is on maternity leave, and who is physically unable to work because of a disability directly connected to such pregnancy, may use her accumulated unused sick leave for such period of disability provided that she satisfies all the other requirements for use of sick leave, including the provision of doctor's certificates as requested by the Employer.

19.02. To attend to the needs of his family, an expectant father may use up to a maximum of 10 (ten) days of his earned sick leave in the 10-day period beginning with the day the mother is hospitalized for the delivery.

ARTICLE XX - LONGEVITY

20.01. Each permanent full-time employee covered by this Agreement shall receive an annual longevity payment based on continuous full-time service with the Town in a position covered by this Agreement as determined below: LENGTH OF SERVICE Amount Over 5 but not over 10 years $425 Over 10 but not over 15 years $475 Over 15 years but not over 20 years $525 Over 20 years $575

20.02. Payments shall be made in the following manner: if an employee's actual anniversary date of employment by the Town falls between December 1 and June 30, inclusive, then said payment shall be paid during the month of July; if said anniversary date falls between July 1 and November 30, inclusive, said payment shall be paid during the month of December.

20.03 The amount of payment due under this Article shall be computed as of the anniversary date of the employee.

20.04 Each part-time employee covered by this Agreement shall receive a pro rata longevity payment based on continuous service with the Town in a position covered by this Agreement; such payment shall bear the same relationship to the payments in Section 21.01 as the employee's average workweek bears to a full-time workweek.

ARTICLE XXI - MEDICAL

21.01 Every employee covered by this Agreement will have the right, upon request, to receive health insurance. The plan currently in effect shall be continued unless the Town decides to adopt a better plan.

If there is no prior coverage, medical coverage will be effective the first day of the month following the first full month of deductions.

21.02 The Town will offer a three-year “opt-out”program for employees who have been enrolled in a Town offered health plan for at least one year prior to the date of this Agreement, with program details provided on the Opt-Out Form; payments to be $1,500.00 Opt-Out Stipend for those on the individual plan and $3,000.00 Opt-Out Stipend for those on a family plan per plan year for each year of this agreement. The Opt-Out stipend will be prorated for any year in which an employee: 1) opts out of Town-sponsored insurance after the start of the fiscal year; 2) re-enrolls in Town-sponsored insurance during the fiscal year; or, 3) separates from employment with the Town. Payment of the stipend shall be a lump sum, paid in June of each year. In the event of loss of alternative health insurance coverage, an employee must notify the Town and either secure other coverage or re-enroll in the Town-sponsored plan. Employees may only enroll

in Town-sponsored health insurance coverage during open enrollment or in the event of a qualifying event.

ARTICLE XXII - LEAVE OF ABSENCE

22.01. Every employee covered by this Agreement may be granted a leave of absence without pay, not to exceed ninety (90) days, upon request in writing to the head of the department. An employee must have worked at least one (1) year before submitting a request for a leave of absence. Such a decision is at the discretion of the Town Administrator and the Department Head and is not subject to the grievance or arbitration procedure.

22.02. Approval may be granted by the Town Administrator and the Department Head for said leave not to exceed six (6) months. Such a decision is at the discretion of the Town Administrator and the Department Head and is not subject to the grievance and arbitration procedure.

22.03. While on a leave of absence without pay for more than two weeks under this Article 23, an employee shall neither gain nor lose any time in service toward seniority for any purpose, including without limitation, longevity, and merit increases, while on a leave of absence.

In addition, an employee on a leave of absence for more than two weeks will not be eligible for, nor accrue, any benefits, including without limitation, sick leave, holiday pay and vacation time. Employees may, however, opt to retain their health insurance coverage at their own expense provided that they follow the notification and payment procedures set by the Town and the applicable health insurance provider. Failure to pay the premium in a timely fashion shall cause the employee's insurance coverage to terminate.

22.04. Military Leave - Every employee occupying a full-time position or part-time position in which the employee works a regular scheduled number of hours a week, who is called for duty in the armed forces of the Commonwealth or the United States shall be paid any difference in compensation between that drawn in a normal work period of two weeks in their regular Town employment and the total compensation (excluding travel allowance) received by reason of such duty. Such payment shall be limited to a period of two weeks in any twelve month period and shall not include payment to members of the National Guard who may be mobilized during an emergency in the Commonwealth. Employees called for duty hereunder shall not be required to use their vacation allowance for such military activity. Military leave granted hereunder will be considered as an authorized unpaid leave of absence.

ARTICLE XXIII – SEVERANCE PAY

In the event of a lay-off, elimination of a position due to restructuring, or a reduction of force, the Town will provide severance pay in an amount equal to 1 week at the employee’s then

current rate of pay for each full year of service at the date of separation. This severance pay is in addition to the amounts the employee may be entitled to receive for accrued leave. This severance payment shall be considered regular wages for the purposes of Unemployment meaning that an employee will not be eligible to receive severance payment and unemployment for the same week.

Additionally, the Town shall permit the employee in this circumstance to remain on the Town’s health insurance plan for 3 months after separation and the Town shall pay 50% of the employee’s health insurance premium during this 3 month period.

The terms provided in Article XXIV shall not apply to a termination for cause.

ARTICLE XXIV - ANNUAL COMPENSATION SCHEDULE

UNIT B

24.01 Wages

FY2019 2% COLA FY2020 2% COLA FY2020 1.5% COLA

24.02 Effective July 1, 2018, a one-time lump sum payment in the amount of $1,000.00 shall be paid to all current and active members of SEIU Local 888, Unit B. Payment shall be contingent upon successful ratification of this MOA in its entirety.

A. The lump sum payment shall be a one-time payment and shall not be added to the base salary and shall not increase the member’s weekly pay rate. B. Lump sum payment shall be paid by September 30th of the applicable fiscal year – e.g. September 30, 2018 for FY2019. C. In order to be eligible for a lump sum payment, the member must be on the payroll in July 1 of the fiscal year in question (e.g. 7/1/2018 for FY2019). The Town shall pay a lump sum payment to no more than one individual for a given job title. For example, if the Assessor retires as of 7/1/2018, then the retiring Assessor will receive the lump sum payment for FY2019 and the incoming Assessor shall no receive the lump sum payment for that year.

ARTICLE XXV - MISCELLANEOUS

25.01. An employee's own clothing which is damaged doing a hazardous job shall be compensated for by the Town, with the approval of the Department Head, not to exceed a fair market replacement value.

25.02. Safety equipment required by law to be worn by the employee shall be provided by the Town, with the exception of eye glasses.

25.03. The Town agrees to abide by any and all Federal and/or State laws governing the safety and health of its employees under this contract.

25.04. Succeeding contract proposal will be presented to the Town of Yarmouth not later than October 1, 2020. However, the list submitted shall not be considered final.

25.05. Performance evaluations shall be conducted by the Town on an annual basis on each employee covered by the contract, or more often if deemed necessary by the Town. The evaluation form shall be either the one already agreed upon or one that is agreed upon in the future by the Town and the Union. As part of the annual review process, the employee will submit written goals for the year ahead and accomplishments for the year completed. The evaluations themselves shall be grievable up to the level of the Town Administrator, but shall not be arbitrable.

25.06. The Town and the Union by mutual agreement may re-open the contract during the contract period for the purpose of discussing possible reclassifications only. Final job descriptions shall not be grievable or arbitrable.

25.07. The contents of evaluations and/or the job descriptions and/or any decisions regarding reclassification of employees shall be grievable up to the level of the Town Administrator but shall not be arbitrable. In the event, however, that the Union is not satisfied with the disposition by the Town Administrator of any such grievances, it may be submitted to a joint panel. (The panel shall be composed of one division or department head selected by the Town Administrator, one member of the bargaining unit selected by the Union, and a second division or department head to be selected by mutual agreement of the first two members). In the event of a tie or if the third member cannot be agreed upon, the parties will request the services of a state mediator to medicate the dispute.

25.08. An employee called to jury duty shall receive his or her regular compensation for the days the employee serves on a jury. Any re-numeration, with the exception of travel expenses, received by the employee shall be turned over to the Town Treasurer.

25.9. Cafeteria Plan - Flexible Spending Members of the Union shall be eligible for cafeteria plan flexible spending accounts for medical expenses and dependent/child care expenses.

25.10. The Union and its members acknowledge that all members are subject to the Town of Yarmouth Sexual Harassment Policy, the Town of Yarmouth Policy Against Workplace Violence and the Town of Yarmouth Information Technology Resources Policy and that the Union must be notified of any proposed changes to these policies.

ARTICLE XXVI - MANAGEMENT RIGHTS

26.01. Subject only to the express language of this Agreement, the Town of Yarmouth retains all rights and powers whatsoever to manage the various departments and to establish from time to time the municipal policies of the Town of Yarmouth. These exclusive managerial prerogatives include, without being limited to, all rights and powers which it has or may be granted by law, the right to select, employ, test, train, assign, transfer, promote and direct the work of the employees and to evaluate and determine their qualifications from time to time; to organize and

reorganize the Town departments and the work and the staff of the Town departments; to establish, add to, subtract from, change in any way and discontinue duties, operational methods, techniques or facilities; to obtain from any source and to contract or subcontract for materials, supplies and equipment; to set the standards and requirements applicable to and to make the final determination for eligibility for step increases. The failure of the Town to exercise any of its rights hereunder shall not be construed as a waiver of such rights.

ARTICLE XXVII - NO STRIKES

The Union recognizes that the membership is prohibited by law from engaging in strikes, and the Union agrees that it does not assert the right to strike against the Town of Yarmouth. The Association shall not cause or sponsor, and no employee represented by it in the Town of Yarmouth shall cause, participate, encourage or condone any strike, work stoppage, slowdown, sanctions, or any other interference with work.

ARTICLE XXVIII - FAMILY AND MEDICAL LEAVE ACT

The Union acknowledges that the Union and the town are subject to the provisions of the Family and Medical Leave Act (FMLA). The FMLA shall not increase or decrease the length of leave available to eligible employees under the leave set forth in Articles XV, XVII, XVIII, XIX, XX and XXIII of this Agreement. Where an employee takes leave under one of the aforementioned Articles for a reason which would entitle an employee to leave under the FMLA, such leave will also be considered FMLA leave and will be deducted from the employee's statutory FMLA leave entitlement. FMLA is not cumulative and is not in addition to leaves currently available to the extent such leaves are for reasons covered by the FMLA. Alleged violations of the FMLA are not subject to Article VII (grievance and/or arbitration of this Agreement).

ARTICLE XXIX - DRUG AND ALCOHOL TESTING

The Union and its members acknowledge that certain members are required to possess a Commercial Drivers License and are subject to the provisions of the Town’s Drug and Alcohol Policy, which shall remain consistent with the Federal Department of Transportation Act, Title 49 of the Code of Federal Regulations.

ARTICLE XXX

Department/Division Head Compensation Plan

Unit B Pay Plan Unit B Pay Plan (Overtime-Exempt Salaried Employees) (Overtime-Exempt Salaried Employees) FY2019 (July 1, 2018 - June 30, 2019) FY2020 (July 1, 2019 - June 30, 2020) 2% COLA 2% COLA Grade Min. Mid. Max. Grade Min. Mid. Max. 23 B 84,729 99,376 114,382 23 B 86,424 101,363 116,670

22 74,149 86,936 100,101 22 75,632 88,675 102,103

21 69,336 81,311 93,603 21 70,723 82,937 95,475

20 60,756 71,172 82,020 20 61,971 72,595 83,660

Unit B Pay Plan (Overtime-Exempt Salaried Employees) FY2021 (July 1, 2020 - June 30, 2021) 1.5% COLA Grade Min. Mid. Max. 23 B 87,720 102,884 118,420

22 76,766 90,005 103,634

21 71,784 84,181 96,907

20 62,901 73,684 84,915

This Contract is subject to ratification by the Board of Selectmen and the Union Membership and subject to funding by Town meeting in each year of the contract.

TOWN OF YARMOUTH LOCAL SEIU 888 Board of Selectmen Service Employees International Union

Norm Holcomb, Chairman Jayne Fogarty, President

Michael Stone

Tracy Post

Erik Tolley

Mark Forest

DATED: DATED:

ATTACHMENT #1 Policies and Procedures for Professional Salary Range and Performance Evaluation Plan

I. Purpose

To establish policies and procedures for the review of an employees performance and take appropriate action.

II. Application

These policies and procedures shall apply to all permanent employees whose position title is set forth in Schedule A of the Wage and Salary Classification Plan and all members of Unit B of SEIU Local 888.

III. Development of Salary Ranges

A. Salary ranges for all managerial (AA@ schedule and Unit B, SEIU Local 888) positions shall be developed and established by the Board of Selectmen with the staff support of the Town Administrator’s Office. Salary ranges will be based on criteria including, but not limited, to the following:

1. Surveys of comparable positions in comparable municipalities and private enterprises. 2. An in-depth analysis of the function of the position. 3. Local and regional economic conditions.

B. All ranges shall have a midpoint, a minimum, and a maximum.

C. The maximum salary shall be 35% more than the minimum salary. The midpoint shall be the sum of the minimum salary and the maximum salary divided by two.

D. The Town Administrator shall review the salary ranges at least annually and make adjustments as necessary to insure competitiveness.

1. No changes in any salary ranges for positions recognized by the Town and Unit B as members of Unit B of SEIU Local 888 will be made without fulfilling the bargaining requirements of Chapter 150E of the M.G.L.A.

IV. Administration of the Plan

Starting Salaries

1. Hiring ranges shall be developed when vacancies exist.

2. The hiring rate may be anywhere within the hiring range but normally no more than the midpoint of the established salary range for the position.

3. Newly promoted employees shall be paid a salary within the established ranged based on a recommendation of the supervisory authority with the approval of the Town Administrator’s Office.

B. Performance Evaluations

1. A new employee or newly promoted shall receive a performance review after six months. Performance reviews may or may not result in a salary increase. A new employee may be reviewed after three (3) months based on superior or unsatisfactory performance.

2. Performance reviews shall be conducted at least annually on the employee’s anniversary or appointment to his/her current position by the employee’s immediate supervisory authority with the staff support of the Town Administrator’s Office. Evaluation forms shall be developed and revised periodically by the Town Administrator’s Office for use by supervisory authorities. Managerial employees will be evaluated on all relevant factors of their performance including their ability to attain mutually agreed to management objectives.

3. Upon completion, the performance evaluation form will be signed by both parties and forwarded to the Town Administrator’s Office for their review and appropriate action.

4. The supervisory authority completing the performance evaluation will report and recommend appropriate action for all levels of work performance. The following guidelines shall be used in disciplining or rewarding the various levels of performance: See attached chart

5. In no case shall any employee be paid above the maximum point of range.

V. Responsibilities

Supervisory authorities are responsible for reviewing the employee’s performance and recommending the appropriate action for the rated level of performance. The Town Administrator’s Office is responsible for the uniformed impartial application of these policies and procedures.

ATTACHMENT #2 Merit Pay Increase Guidelines Effective July 1, 1997 Ratio of Salary to Midpoint of Salary Range

MERIT PAY INCREASE GUIDELINES RATIO OF SALARY TO MIDPOINT OF SALARY RANGE APRIL 2001

LEVEL OF PERFORMANCE 85 – 90% 90.1 – 95% 95.1 – 100% 100.1 – 105% 105.1 – 110% 110.1 – 115%

4. OUTSTANDING 5.5 to 6% 5 to 5.5% 4.75 to 5.25% 4.25 to 4.75% 3.5 to 4% 2.5 to 3%*

3. SUPERIOR 4.5 to 5% 4 to 4.5% 3.75 to 4.25% 3.25 to 3.75% 2.5 to 3% 1.5 to 2%

2. SATISFACTORY 3.5 to 4% 3 to 3.5% 2.75 to 3.25% 2.25 to 2.75% 1.5 to 2% .5 to 1%

1. NEEDS IMPROVEMENT 2.5 to 3% 2 to 2.5% 1.75 to 2.25% 1.25 to 1.75% 0 0

DEMOTION, DISMISSAL, DISCIPLINE OR INTENSIVE TRAINING ETC. 0. UNSATISFACTORY DENIAL OF ANNUAL INFLATION ADJUSTMENT

*IF NOT MORE THAN THE MAXIMUM POINT OF THE SALARY RANGE

SECTION SUBJECT PAGE

ARTICLE I RECOGNITION 3 ARTICLE II LONG RANGE GOALS 3 ARTICLE III NON-DISCRIMINATION 3 ARTICLE IV UNION SECURITY/UNION LEAVE & TIME OFF 4-5 ARTICLE V STABILITY of AGREEMENT 5 ARTICLE VI CONSTITUTIONAL RIGHTS 5 ARTICLE VII GRIEVANCE PROCEDURE 5-7 ARTICLE VIII DISCIPLINARY ACTION 7-8 ARTICLE IX PUBLIC COMPLAINTS 8 ARTICLE X SHIFT ASSIGNMENTS/TEMP SHIFT 8-13 SHIFT CHANGE/SHIFT SWAPS/SHIFT COMP. ARTICLE XI OVERTIME/TRAIN/ACADEMY/LTS COVER ROLLING EARNED TIME 13-14 ARTICLE XII UNIFORMS/MAINTENANCE 14-16 ARTICLE XIII DETAILS 16-18 ARTICLE XIV SICK LEAVE/BANK/SELL BACK 18-21 ARTICLE XV FUNERAL LEAVES 21-22 ARTICLE XVI LEAVES OF ABSENCE 22 ARTICLE XVII VACATIONS/HOLIDAYS/FLOATING HOLIDAYS 23-25 ARTICLE XVIII INSURANCE/HOSPITALIZATION 26 ARTICLE XIX LIGHT DUTY 26-29 ARTICLE XX DOCTORS BILLS 29 ARTICLE XXI COURT TIME 29 ARTICLE XXII USE OF PERSONAL EQUIPMENT 29-30 ARTICLE XXIII MILITARY LEAVE 30 ARTICLE XXIV MISC/PARADES/MEET/TRAINING/BENEFITS 30-31 LAYOFFS/PRISONER WATCH/GYM TIME/TUITION ARTICLE XXV MANAGEMENT RIGHTS/TECHNOLOGY ACCREDITATION 31-32 ARTICLE XXVI TERMS OF AGREEMENT 32-33 ARTICLE XXVII PROMOTION POLICY 33-37 APPENDIX I WAGES & COMPENSATION 37-40 STEP RAISES, OIC PAY, MEALS, NIGHT DIFFERENTIAL, LONGEVITY PAY

TOWN OF YARMOUTH / MASS COP LOCAL 427 AGREEMENT 41

2 ARTICLE I RECOGNITION

1.01 Yarmouth Police Supervisors Association Massachusetts Coalition of Police Local 427, is recognized by the Town of Yarmouth as the sole bargaining agent for Sergeants and Lieutenants of the Police Department

1.02 For the purpose of this document, full time officer, full time employee and police officer refer to members of Yarmouth Police Supervisors Association Massachusetts Coalition of Police Local 427 and IBPO Mass Cop Local 427.

ARTICLE II LONG RANGE GOALS

ARTICLE III NON-DISCRIMINATION

3.01 The Town of Yarmouth and the Union agree that they shall not interfere with the right of any employee to join or not to join the Union.

3.02 It is further agreed that the Town of Yarmouth and the Union shall not discriminate against any employee for his membership in the Union.

3.04 This Union agrees that there shall be no strikes, stoppages of work, or any other interference with the efficient operation of the Police Department of the Town of Yarmouth.

3 ARTICLE IV UNION SECURITY

4.01 Three members of the Union shall be allowed time off for negotiations with the bargaining committee of Yarmouth without loss of pay or benefits, and without being required to make up such time.

4.02 It is intended that all negotiating sessions be held at reasonable times agreeable to both sides.

4.04 The Steward shall be permitted to discuss an alleged grievance with the aggrieved employee during regular working hours at the discretion of the Watch Commander.

4.05 No more than three (3) local Union Officials shall be granted time off without loss of pay to attend meetings that may be called by the Selectmen and or the Town Administrator.

4.06 Not more than two (2) said members shall be off-duty on Union Business Leave at the same time. Union Business Leave shall consist of Union Seminars, conventions, etc. (not to exceed a total of four (4) such leaves during the fiscal year.) Union members attending such events are not subject to loss of pay while on such leave, providing such leave does not exceed sixteen (16) man-days per year.

4.08 This information shall be submitted to the Chief of Police at least one (1) week before any such Union leave is planned.

4.09 Seniority defined: Seniority will be based on date of appointment as a full time, academy trained Yarmouth police officer. In the event of a break in employment other than the leave of absence provided for in the contract, seniority will begin with the date of re-appointment for the purpose of determining benefits set out in this agreement. Prior service will not be considered in terms of promotion or contract benefits. In the event of promotion to a higher rank, seniority in that rank would be determined by the date of appointment to that higher rank. No other contract benefit will be

4 affected by this change in seniority. The Town shall provide the Union with a departmental seniority list and shall update the list annually. It is understood that anyone having a disagreement with his or her placement on the seniority list shall notify the Chief in writing of such disagreement within ten (10) calendar days after the first posting of the list on which his or her name occurred, stating the reason and attaching documentation for same. If the Chief finds that a correction should be made, he will make the appropriate correction and report the corrected list within ten (10) calendar days.

ARTICLE V STABILITY OF AGREEMENT

5.02 It is agreed by the Town of Yarmouth where the Rules and Regulations of the Yarmouth Police Department differ from the Union Contract between the Town of Yarmouth and Mass Cop Local 427, the Union contract will prevail.

5.03 The following is a non-grievable, non-arbitrable agreement reached between the Town of Yarmouth and Mass Cop Local 427. It is agreed that members will have the opportunity to present suggestions for improvements for the safe operation of the department through a union subcommittee. Items which would be discussed would include shift strength and other safety issues. The committee shall be advisory to the Chief who will then make recommendations to the Town Administrator for implementation

ARTICLE VI CONSTITUTIONAL RIGHTS

6.01 If a member is under arrest, or likely to be arrested, or a suspect in a criminal investigation, he shall be afforded the same Constitutional Rights as are afforded to a civilian including, but not limited to, the right to counsel and the right to remain silent and he shall be advised of these rights before any questioning begins.

ARTICLE VII GRIEVANCE PROCEDURE

5 7.02 The term "grievance" is defined as a specific and direct violation of the express terms of a specific provision of this Agreement and shall be processed under the following procedure.

7.03 The grievance shall first be discussed with the employee's immediate supervisor within eight (8) calendar days from the incident that gave rise to the grievance by the employee alone or, if he prefers, in the presence of the Union Steward and/or the President of Mass Cop Local 427. In this discussion an earnest effort shall be made to adjust the grievance in an informal manner.

7.04 Within eight (8) calendar days from the result of this preliminary discussion, the grievance shall be presented in writing to the Head of the Department, who shall make such investigations as are necessary to give his answer in writing within eight (8) calendar days. This period may include meetings with the Union Steward and/or President of Mass Cop Local 427 and aggrieved employee, and every effort shall be made to resolve the dispute at this point in the Grievance Procedure. The occurrence or occurrences cited in the original written grievance at all future steps.

7.05 Within eight (8) calendar days from the receipt of the written answer by the Department Head, the aggrieved employee and his Union Representative may request that the grievance be presented to the Board of Selectmen or their designee. Any such request shall be in writing. A meeting with the Selectmen or their designee shall be convened within twenty-four (24)calendar days of the request.

7.06 In this presentation, the employee may be accompanied by two (2) Representatives from his Local Union and a representative from his Regional or National Union Headquarters, and such witnesses as he may deem necessary.

7.07 If Agreement cannot be reached, then the services of an impartial arbitrator may be requested by either/or both parties by filing a demand for arbitration with the American Arbitration Association within fifteen (15) calendar days of the hearing referred to in 7.05. Within eight (8) calendar days of the request for the arbitrator, the party requesting arbitration shall notify the other party of such request in writing.

6 has been specifically incorporated herein by the parties. The decision of the Arbitrator shall be final and binding on both parties.

7.09 Any expenses incidental to arbitration shall be shared equally by both parties. The time limits specified in the preceding paragraph may be extended by agreement of both parties in writing.

7.10 Nothing outlined above shall deprive the Town of Yarmouth from utilizing the Grievance Procedure on its own behalf, including the final step of Arbitration.

ARTICLE VIII DISCIPLINARY ACTION

8.01 Non-probationary employees: Any member of the Department who has completed the probation period may utilize the procedures that are specifically provided for review and disposition of disciplinary action which allegedly has been taken without just cause.

8.02 Nothing in this agreement shall deprive any employee who has been subjected to disciplinary action from his right to counsel in any or all proceedings that develop from such action.

8.03 All suspensions will be effective only after a hearing before and majority vote of the trial hearing board. However, an employee subjected to disciplinary action may waive, in writing, such a hearing. The trial hearing board will consist of four members, three (3) designated by the Chief; one (1) lieutenant, one (1) sergeant and one (1) patrolmen and one (1) member of the unit designated by the member. The Chief of Police is not to be unequivocally bound by such vote.

8.04 Member's Records: Each member shall have the right (during the Chief's normal working hours) to examine his individual personnel file. In addition, each member shall have the right to enter written explanations concerning any item in his personal folder. These written explanations shall become a part of his personnel file and will be permanently attached to the article he is explaining. Written records concerning infractions of the Departmental Regulations involving a suspension from duty or extra duty of five (5) days or less will be removed from the file and returned to the officer one (1) year after the incident has occurred as long as there have been no additional suspensions of any kind. Complaints against the officer that are unfounded, notes of investigation that do not result in prosecution and complaints that have not resulted in disciplinary action will be removed immediately and returned to the member.

7 8.05 No rule or regulation shall be binding and enforceable if it conflicts with Federal Statute, State Statute or this agreement. Neither shall any existing rule or regulation be valid when it is in conflict with the decision of any Court having Jurisdiction over this locality.

8.06The preceding articles in no way infringe upon management’s right to take disciplinary action as long as such action is consistent.

ARTICLE IX PUBLIC COMPLAINTS

A Public Complaint Form including the information in Sections 9.01 and 9.02 of this agreement will be available to facilitate public complaints.

ARTICLE X SHIFT ASSIGNMENTS AND SHIFT CHANGES

10.01 5/3 Patrol Schedule There will be three patrol shifts for those Sergeants hired prior to 1-1-10. They are: 2330 to 0800 0730 to 1600 1530 to 0000

Sergeants assigned to Patrol shall work five (5) consecutive, eight and one half (8 1/2) hour work periods (shifts) on duty to be followed by three (3) consecutive work periods (shifts) off duty. All members assigned to the 5/3 schedule will be in full-duty uniform for the eight and ½ hours of their assigned shift.

10.02 “523” Patrol Shift Any Sergeant hired as a full time Yarmouth Police Officer after 1-1-10 that are

8 assigned to the Patrol Division will be assigned to the “523” Patrol Shift schedule. The hours will be as follows:

2330 to 0800 0730 to 1600 1530 to 0000

Sergeants assigned to the 523 Patrol Shift shall work a 23 day work cycle. The work cycle will consist of;  two eight (8) day cycles 0f five (5) consecutive, eight and one half (8 1/2) hour work periods (shifts) on duty to be followed by three (3) consecutive work periods (shifts) off duty and  one(1) 7 day cycle of five (5) consecutive, eight and one half (8 1/2) hour work periods (shifts) on duty to be followed by two (2) consecutive work periods (shifts) off duty.

The cycle described will be continuously repeated. In light of the fact that this schedule results in less than 40 hours per week on average, Sergeants will also be scheduled to work eight (8) hours of training per fiscal year at the discretion of the Chief of Police or his designee with no additional compensation beyond their regular weekly pay rate. Sergeants on the “523” shift are compensated for this 8 hours training as part of their annual salary. The Chief of Police or his designee may assign the Sergeants to the eight (8) hours of training in any time increments. The Chief may approve a Sergeants request for specialized training as part of the 8 hours of training.

Shifts will be bid for three - month periods. The three- month periods will start on the last Sunday of the following months: November, February, May & August of each year. Shift selection will be completed 30 days prior to the start of the next shift. Leadership of the Mass Cop Local 427 will be responsible for posting requirements of shift selections and will assist Administrative personnel on the final scheduling

10.03 Administrative Schedule: Employees assigned non-patrol duties, who do not work the 5 and 3 schedule, shall work five consecutive 7 hour 50 minute work periods (shifts) on duty followed by two (2) consecutive work periods off duty and earn 1 earned day off per month worked to be used during the fiscal year. Sergeants & Lieutenants with a full time hire date after 1-1-10 and are assigned non-patrol duties, shall work five consecutive 8 hour work periods (shifts) on duty followed by two (2) consecutive work periods off duty. These Sergeants & Lieutenants will earn 1/2 earned day off per month worked to be used during the fiscal year.

9 10.04 Shift By Seniority All Patrol Sergeants will select shifts based on seniority as defined in section 4.09. Sergeants will select their shifts in the following order: The top five (5) senior sergeants will bid by seniority 1-5 in that order for every new shift. The next four (4) senior sergeants will rotate every shift 6,7,8,9, then 7,8,9,6, then 8,9,6,7, then 9, 6,7,8, and then back to 6,7,8,9 I.E. top 5 then bottom 4.

If a vacancy occurs during the shift, the replacement officer assumes the vacant position. At shift change: If the replacement officer is for Sergeant 1,2,3,4 or 5 number 6 moves up and the top five (5) bid according to seniority. The replacement Sergeant then fills the vacancy for number six (6). If a vacancy occurs during the shift, the replacement officer assumes the vacant position. At shift change, if the replacement is for 1,2,3,4 or 5 number 6 moves up and the top five bid according to seniority. The replacement fills number 6. If the vacancy is for bid position, 6,7,8, or 9 the replacement officer assumes the vacant slot.

Sergeants on the 5/3 or the 523 schedule and the Sergeant’s day off number changes as a result of shift selection and has to work more than five (5) consecutive days, the following formula for compensation will be adhered to:

6 consecutive days worked 1 compensatory day off 7-8 consecutive days 2 compensatory days worked off 9-10 consecutive days 3 compensatory days worked off

Sergeants on the 5/3 or the 523 schedule and the Sergeant’s day off number changes as a result of shift selection and the Sergeant has worked five (5) consecutive days but has not received three (3) or two(2) consecutive days off before working the new work period, the following formula for compensation will be adhered to:

2 days off (8 Day work week 1 compensatory day only) off 1 day off 2 compensatory days off 0 days off 3 compensatory days off

The Sergeants may take the compensatory day(s) off within the first ten days of the new shift, with 24 hours notice as long as a replacement can be hired.

10 Sergeants, who gain additional days off as a result of their day off number change, do not owe any time to the department. Any officer who volunteers to go to a vacant shift, will be assigned a day off number and will receive time off compensation according to the above paragraph and formula.

The Lieutenant or Chief’s designee in charge of posting the new shift line-up will issue compensatory slips to those Sergeants earning compensatory time off based on the above formulas, at the time the new shift is posted. Any days given will not be counted on the May 15th time off deadline.

10.05 Shift Swap Defined A swap occurs when Sergeants agree to work either a portion of a shift or a whole shift for each other and the proper paperwork is submitted and approved.

10.06 Shift Swaps Over 5 Consecutive Days Sergeants may swap shifts for any amount more than 5 consecutive days of time after the selections have been made provided the swap does not impose any additional cost to the town. Seniority regardless of shift will be strictly adhered to. Example: A Sergeant wishing to swap from shift ‘A’ to shift ‘B’ must offer this swap to the most senior officer, assigned to patrol, even if he is on shift ‘C’. All swaps are not valid until approved by the appropriate Lieutenant. Once swaps have been approved the swap becomes the Sergeant’s shift and the Sergeant assumes all responsibilities for that shift.

10.08 10.07 Shift Swaps Members may swap shifts with another member provided: A. The swap does not impose any additional cost to the town. B. The swap slip is completed and initialed by both members. C. Swaps of less than ½ hour must indicate the date and time of the reciprocation and must be properly entered into the departments staffing programs. D. The Chief, or his designee approves swaps.

10.08 Injured Sergeant Shift Bid/Swaps: Sergeants who are injured may bid for the up coming shifts. If injured they may swap shifts, provided the swap does not impose additional costs to the town and is approved by the Chief. An approved swap may be revoked prior to its implementation if it will impose additional costs to the town. An example of swap denial would be when an injured Sergeant wants to swap to a shift that already is short and has one or more injured Sergeant’s already assigned to it. The Chief may delay the approval of an injured Sergeant’s shift swap until close to the swap date.

10.09 Shift distribution levels are determined by the Chief.

10.10 The Chief reserves the right to deny a Sergeants shift selection, provided it can be demonstrated that the Sergeants shift selection would be detrimental to the officer or the department.

10.11 Assignments to In Service Training Sergeants assigned to in service training will be on a Sunday through Saturday week and will complete 40 hours of training Monday – Friday with Sunday & Saturday off. Sergeants may be given time off during the week to attend training such as firearms training at another time.

10.12 Sergeants on a 5/3 or a 523 schedule will be allowed one half hour for the purposes of a meal, but for this period they must be located within town limits and must be accessible by radio or telephone in the event of an emergency.

10.13 In the absence of an existing promotional list the Chief will use the last promotional list to make all acting positions to the rank of Lieutenant or Sergeant. The Chief will use this list even if the list has gone beyond the (2) year expiration date set forth in section 27.08. The expired list will be used to fill vacancies created by an absence. Absence is defined as, any leave of absence, family leave, maternity leave, sick, injury, administrative leave, administrative duty, suspension, or termination projected to be more than 30 days.

10.14 Notwithstanding the provisions of the terms of this article, the Chief shall have the authority in the case of a public emergency or any unusual need for public services, to vary the existing method of shift assignment. Furthermore, the chief may also change the starting time of one or more existing shifts or portions thereof by no more than two hours. Such changes are to be made only on a regularly scheduled (rather that an ad hoc) basis, except in emergencies.

10.15 The Chief may fill any vacant shift slots with volunteers and by seniority. When a Sergeant permanently leaves a shift for reasons such as promotion, retirement or any other reason and a new Sergeant is promoted as a replacement, senior Sergeants must be asked if they want the shift first. When a Sergeant is reassigned to a shift from a position such as detective or records the officer will assume the vacant shift.

10.16 The Chief may institute on a permanent or temporary basis another shift or shifts at such times as he deems necessary or appropriate. In making assignments to such shift(s), the Chief’s selection will be limited to Sergeants who have volunteered to work said shift(s).

12 10.17 The Chief maintains the right to determine the number of Sergeants assigned to each of the shifts.

ARTICLE XI OVERTIME

11.01 Any Sergeant or Lieutenant who works more than their daily scheduled hours shall be paid at the rate of regular time plus one-half for each hour of overtime worked.

11.02 Rolling Earned Time Any member may earn and maintain up to 12 hours of Rolling Earned Time to be used as time off. Rolling Earned Time is earned at a rate of 1.5 hours per straight hours worked beyond a member regularly scheduled hours. Members may request the time off with no more than 36 hour advance notice. Time off will be granted provided there are no replacement costs. Rolling Earned Time Off can carry over from one fiscal year to the next.

11.03 All Sergeant Patrol Shift overtime shall be assigned fairly and equitably among the regular full-time Sergeants. Sergeants will be offered overtime first for all Sergeant Shifts. If no Sergeant is available for the shift then the shift will be offered to a Lieutenant. Patrol Officers will not be hired to replace Sergeants unless there is an extreme emergency and or an unusual circumstance. Time off replacement is not an extreme emergency. Shifts added outside the normal schedule (5/3, 523) are considered unusual circumstances.

11.04 A record of all overtime by individuals shall be maintained by the department and shall be accessible to the President or the Union Steward upon request.

11.05 Sergeants or Lieutenants except in an emergency, shall not work more than 18 consecutive hours in any 24 period. Sergeants must have 6 hours of off-duty time before and after any 18 consecutive hours worked.

11.06 There shall be a minimum of three (3) hours pay at one and one-half times the hourly rate of pay for any member called back to duty after his normal tour of duty. The three (3) hour minimum shall not apply to hours worked contiguous to an officer's tour of duty.

11.07 For the purpose of this section, a member must work twelve (12) minutes to equal 1/2 hour of overtime; thirty-five (35) minutes to equal 3/4 hour of overtime and forty-seven (47) minutes to equal one (1) hour of overtime.

11.08 Notwithstanding the provisions of the Agreement, a member assigned to attend a police academy or other training program shall be deemed to have a 5

13 /2 (40-hour) workweek for the period of such attendance (and not a 5/3 0r 523 even if normally assigned to the Patrol Division). If attendance is required at classes or formations (not including off-duty time) and exceeds eight hours in one day or 40 hours in one week, he shall receive rolling time off or overtime. If an member is called upon to perform regular police duty in Yarmouth in a week in which the member is also assigned to attend training school, he shall be compensated in accordance with Section 11.01, with the provision that the member required attendance at school classes or formations shall be deemed to be "work" for the purpose of computing any overtime payment that may be due the member for performing such regular police duty.

11.09 Effective FY 2017, the Detective Sergeant will be compensated by adding 4.5% to their base pay in recognition of the required schedule including some night shifts and on-call requirements for scheduled weekends on call.

11.10 Any Lieutenant scheduled for a weekend on-call will be compensated at a rate of pay equal to 3 hours of the member’s current OT rate regardless of whether or not they are called out. If the member is called out the on-call pay will be used to compensate the member for the first three hours of the initial call-out. Any additional call-outs, occurring during the weekend, will be paid according to Article 11 section 06. On-call begins Saturday 0800 and ends Monday 0800.

11.11 An member who accepts an overtime shift shall work said overtime, or secure a replacement approved by the Chief or his designee.

ARTICLE XII UNIFORMS

12.01 It is agreed that the Town of Yarmouth will provide the Police Force with suitable uniforms and proper equipment to identify the Department as fully capable of providing the community with adequate and high-grade police protection.

12.02 It is agreed that the care and maintenance of such uniforms will be the responsibility of each individual member and that the general appearance of all Yarmouth Police Officers should help to preserve and enhance the public image of the Yarmouth Police Department. The town agrees to replace approved uniforms and equipment. The Chief of Police or his designee may approve other new police related attire or equipment with a maximum value:

FY - 16 $300 FY - 17 $350 FY - 18 $400

14 The town prefers to pay the vendor directly. If this is not possible, a member will be reimbursed only after all of the receipts and proof of purchase has been approved. Funds may not be carried over from one fiscal year to the next. Both parties agree that there are different uniforms and clothing that are utilized during the course of a specific unit assignment which are not necessarily uniforms. It is agreed that the above mentioned funds can be used for court room attire, civilian or administrative assignment related clothing, clothing utilized during training or any other related equipment. All receipts/bills must be submitted before June 1st and unspent funds cannot be carried to the next fiscal year.

12.03 The following issued items will be returned when a member is no longer employed by the Yarmouth Police Department:  Gun Belt-Outer & Inner  Gun holster  2 Pair Handcuffs with double case  Double magazine pouch  Two badges  One pair collar pins  Service weapon and ammunition  Portable radio  O.C. Spray  Issued Monadnock PR-24 or the expandable baton with holder.  Taser & Holster  Any other weapons issued by the department  Body Armor

12.04 All uniformed members must appear for work in a regulation uniform with no rips, fraying, dirt, or in a uniform that does not present a professional appearance. The determination of acceptable appearance is solely at the discretion of the Chief of the Department or his designee and is not grievable or arbitrable. If the uniform of an officer is unacceptable at roll call the officer shall be told by his sergeant or lieutenant and will at that time be ordered to correct the deficiency. The sergeant will document the violation and turn the documentation to the lieutenant for disciplinary action. If the officer disagrees with the determination of his superior the officer may appeal to the Chief of the Department who will make the final decision.

12.05 All Department members will follow the Yarmouth Police Department uniform dress code. All future changes to the uniform policy, including the lengths of shirt sleeves, will be agreed upon by the Chief of Police and Mass Cop Local 427 & IBPO Local 422 appointed Uniform Committee. The Yarmouth Police Uniform Committee will make recommendations under this section.

15 Until those recommendations are brought to the Chief via the Uniform Committee the current uniform policy will remain in effect.

ARTICLE XIII DETAILS

13.01 All assignments to Details shall be made by the Chief or his representative and shall be assigned fairly and equitably among the regular full-time Yarmouth Police Officers

13.02 A record of all details shall be maintained with the basic data and will be accessible to the Union members.

13.03 A member who accepts a detail shall work said detail, or secure a replacement approved by the Chief or his designee.

13.04 Members accepting details may swap with other Officers without prejudice, but the original officer shall be responsible for his replacement and will be charged with the detail on the rotation list.

13.05 Any member working a strike detail will be compensated at a rate of pay that is time and one half the current detail rate. This will not apply to strikes involving other Town Departments

13.06 No assignment shall be made until the person or organization requesting the service has agreed to pay the detail rate which will be no greater than the top step Level 2 of a Patrol Officers overtime rate, rounded to the nearest dollar. Members of the Mass Cop Local 427 & IBPO Local 422 reserve the right to freeze or lower the detail rate at anytime, by a majority vote of the members of Mass Cop Local 427 and IBPO Local 422 and may not exceed the guideline set forth in 13.06. Mass Cop Local 427 & IBPO Local 422 will notify the Chief of Police and Town Administrator of any change in writing.

13.07 Details worked on all major holidays (listed below) will be paid at a rate of pay that is time and one half the current detail rates. This will not pertain to the DY High School Thanksgiving Day football game.

Major Holidays are defined as:

16 3. Independence This will start with the 12-8 shift and include the 8-4 shift and the 4-12 shift. 4. New Years Eve This will start with the 4-12shift and include the 12-8 shift and the 8-4 shift.

13.08 The Town and the Union acknowledge that the Chief of Police or his designee possesses the sole discretion to determine the appropriate level of police service in the Town to ensure public safety. Therefore, notwithstanding any regulations or guidelines to the contrary, the Chief of Police and or his designee has the sole discretion to require the presence of a sworn police officer, employed on a paid detail basis, in all instances where there is a street opening or any work to be done on a public way or at any public function in Town. The Chief of Police and or his designee shall have the further sole discretion to determine if a police detail is required and the number of officers assigned to any such instance necessary to maintain public safety. This policy can not supersede MA State laws, (take the place of) 701 CMR 7.00. Under no circumstances will the Town be responsible for paying any police officer to work details, unless hired by a Town department and worked by a Yarmouth Officer, or for officers who were not assigned details under the terms of this article.

13.10 The Town agrees to continue the detail escrow account pursuant to Massachusetts General Laws Chapter 44 Section 53C. (See attached schedule 13.06)

13.11 Notwithstanding any other provisions of the Contract, the Chief or his designee may discipline a member for failure to meet the members obligations in working extra paid details.

13.12 All details have a 4-hour minimum. After 4 hours worked the officer is paid for 8 hours pay. After 8 hours the officer is paid hourly at time and one half the rate for the current detail. If there is an error in scheduling, that is found to have been made on the part of a Mass Cop member, and this error causes the shift supervisor to replace an officer on an emergency basis, the replacement officer will begin billing at the time on which the officer arrives at the detail and not the details originally scheduled time. If the replacement actually works more than 4 hours the replacement officer will bill for 8 hours.

17 13.13 If a detail is cancelled by the contractor with less than two hours-notice, members will be paid a minimum of four hours pay at the detail rate. The Yarmouth Police Department is not responsible for payment to a member if the detail is cancelled more than two hours in advance and the member was not properly notified. This will only apply if the error in cancelling the detail is found to have been made by a member of Mass Cop Local 427 or IBPO Local 422.

13.14 No member shall work for a rate of pay less than that of another agency on the same detail.

13.15 Officers will be compensated at the rate of time and one half of the current detail rate when two or more hours are worked between the hours of 12:00-6:00am. This rate will be applied to the entire detail hours regardless of the detail start time. Officers will be compensated at the rate of time and one half the current detail rate for any detail requested by a vendor with less than two hours’ notice when the detail is scheduled between the hours of 4:00pm- 6:00am. There will be no increase in rate when the member works for a town department directly. This waiver does not include sub-contractors working for the town.

ARTICLE XIV SICK LEAVE

14.01 Each member who was hired as a Full Time Yarmouth Police Officer before 1-1-10 will receive Sick Leave equal to 1.o9 days per month of said service (13 per year), provided sick leave is caused by sickness or injury not incurred in the course of employment. Each member who was hired as a Full Time Yarmouth Police Officer after 1-1- 10 will receive Sick Leave equal to one day per month (12 per year) of said service, provided sick leave is caused by sickness or injury not incurred in the course of employment.

Members will be credited monthly sick leave on the last day of the month.

Sick leave shall be cumulative up to, but not in excess of, one hundred and fifty (150) days. Sick Leave may be used for the following reasons:  Sickness or injury not incurred in the course of employment  Dental care  Emergency care for others at home  Serious illness to others at home  Bereavement time defined in 15.01

When a member uses Sick Leave they must identify one of the above reasons for use at the time the request is submitted.

Members may use up to 5 Sick Leave days per year for emergency care or serious illness to others at home.

A Member may request additional Sick Leave use for any other need related to illness. The Chief of Police or his designee has the authority to approve or disapprove each request.

Sick Leave may be used in hourly increments.

Sick leave cannot be used for routine visits such as annual physicals or well visits.

14.02 When absence on sick leave is the result of sickness or injury not incurred in the course of employment for a period of more than three (3) consecutive working days, each employee shall file a Physician Certificate of Disability, signed by a regularly licensed and practicing physician. The physician’s certificate shall include the date on which it is anticipated that the member can return to duty. In the Chief’s exclusive discretion, the requirement of providing a physician’s certificate may be waived. The chief’s decision is not arbitrable. The chief will notify the union when he exercises his right to waive this requirement for any officer. An employee may be required to furnish a doctor's certificate for illness of less than three (3) days if, in the opinion of the Chief, there is a pattern of sick leave abuse in the employee's use of sick leave.

The Town shall pay for any examination required by the Chief for an absence of less than three (3) days. The Department Head, at the Town expense, may require an employee on sick leave to be examined by a physician of the Town's choosing to validate the employee's illness.

14.03 Employees whose services are terminated for any reason other than retirement shall not be entitled to compensation in lieu of sick time not taken. Employees who retire for superannuation shall be paid for up to 90 days of their accumulated sick leave days at a rate of 75% per day.

14.04 Members will also be allowed at their own discretion to transfer a maximum of 10 days per year per member of their accumulated sick time into a sick time bank. This time would be deducted from the account of the employee giving up this time. Members will be eligible to receive sick time from the sick bank after all sick time credited to them has been exhausted and they have been on sick leave for more than four days. Members will be required to

19 present a doctor's certificate verifying said illness. Members wishing to draw from the sick leave bank must make a written request to the Chief of the Department and the Union President. The Chief and the Union President, will meet to discuss the request and after their meeting shall grant or deny such request. Deviation from this policy shall be allowed only with the approval of the Town Administrator and upon recommendation of the chief of the Department and the Union Steward/President. A denial of a request for sick leave bank days per bargaining unit member shall not be subject to the grievance procedure. Members wishing to transfer sick days to the sick bank will submit such request to the union President/Steward and the Chief of Police. The Union President/Steward will be allowed to inquire and make full accounting of the number of sick days in the bank.

14.05 Members will be allowed to transfer sick days earned in other Departments of the Town of Yarmouth, to be added to their total accumulated days available under this contract.

14.06 ln the event of death of a member while on duty with the Yarmouth Police Department, his/her estate shall be paid for up to 90 days of the accumulated sick leave days of the deceased member at a rate of 75% per day.

14.07 Any member may sell back five (5) sick days, to the Town of Yarmouth, at a rate of pay equal to the officer’s current weekly salary. Officers may only sell back five (5) days each calendar year but only during one week. That week will be the first pay period in the month of December. In order to be eligible for the buyback program, the member wishing to sell back five(5)days, must have an accumulated forty five (45) days to his credit on September 15. Any member wishing to participate must submit in writing, a letter to the Chief of Police indicating his/her desire to sell back the five (5) days. The letter must be submitted no later than September 15 of each year, and the member must have forty five (45) days accumulated to his/her sick time at both the time of the request and on December 1 of each year.

14.08 Any member may sell back ten (10) sick days, to the town of Yarmouth , at a rate of pay equal to the members current weekly salary. Members may only sell back ten (10)days each calendar year but only during one week. That week will be the first pay period in the month of December. In order to be eligible for the buyback program, the member wishing to sell back ten (10)days, must have an accumulated ninety (90)days to his credit on September 15. Any member wishing to participate must submit in writing, a letter to the chief of police indicating his/her desire to sell back the ten(10)days. The letter must be submitted no later than September 15of each year, and the member must have ninety (90)days accumulated to his/her sick time at both the time of the request and on December 1 of each year.

20 14.09 Any full time member may sell back (15) sick leave days, to the town of Yarmouth, at a rate of pay equal to the member current weekly salary. Members may only sell back fifteen days each calendar year but only during one week. That week will be the first pay period in the month of December. In order to be eligible for the buyback program, the member wishing to sell back 15 days, must have an accumulated 120 days to his credit on September 15. Any member wishing to participate must submit in writing, a letter to the chief of police indicating his/her desire to sell back the 15 days. The letter must be submitted no later than September 15th of each year, and the member must have 120 days accumulated to his/her sick leave time at both the time of the request and on December 1 of each year.

ARTICLE XV FUNERAL LEAVE

15.01 Each member shall be granted leave with regular pay in the event of a death in his immediate family. Such leave shall begin on the day of death and may be used with in the first 15 days after the date of death, not to exceed five days total.

The term “immediate family” shall include: mother, step mother, father, step father, brother, sister, spouse, and children.

Each member shall be granted leave with regular pay in the event of a death of the following relatives: brother-in-law, sister-in-law, mother-in-law, father-in- law, grandparent, aunt, uncle, niece or nephew and any relative living in the employee’s household. Such leave shall begin on the day of death and must be used in the first fifteen (15) days after the date of death, not to exceed three (3) days.

A member, who is scheduled off duty due to bereavement leave, is not allowed to work any extra duty during the eight (8) hour shift before, during or after the bereavement leave.

Any member may use up to three (3) sick leave days in conjunction with bereavement days for additional bereavement time during the 15 days after the date of death. Any member may request additional sick leave for the bereavement provided such time is approved by the Chief of police or his designee in advance. Any Sick Leave Bereavement days may not replace preapproved time off unless approved by the chief.

15.02 Funeral leave as outlined above shall not be deductible from accumulated sick leave.

15.03 Funeral Expenses - Funeral expenses will be paid by the Town of

21 Yarmouth for any officer killed in the line of duty as per Chapter 41, Section 10OG 1/4, as amended, of the Massachusetts General Laws, with a maximum of fifteen thousand ($15,000) dollars.

ARTICLE XVI LEAVES OF ABSENCE

16.01 Any member can be granted a leave of absence without pay.

16.02 The leave must be for just cause and for a specified period of time not to exceed one (1) year.

16.03 Just cause shall be determined by the Town Administrator, but shall not unreasonably deny the granting of the leave.

16.04 There shall be no loss of seniority for a member by virtue of his being on a leave of absence. While on such unpaid leave of absence, the member will not gain any time in service to be used toward seniority for any purpose, including without limitation, longevity, layoffs, etc. In addition, employee member on such unpaid leave of absence will not be eligible for nor accrue any benefits, including, without limitation, sick leave and vacation time. The Town shall not be liable for the maintenance of the employee's medical insurance during such leave. When the member returns to work from a leave of absence he/she will be assigned to a shift that best meets the needs of the department as determined by the Chief. This change will not result in a loss of Rank.

16.05 An application for leave of absence shall be made in writing to the Chief of Police, stating the reason for this leave, the starting date and length of time requested. 16.06 The application shall be approved or disapproved by the Chief and forwarded to the Town Administrator for their approval or disapproval.

16.07 The Town’s Family Medical Leave Policy will apply to all employees.

16.08 Members shall be granted a leave of five (5) days without loss of pay after the birth or adoption of their child. Such leave shall begin on the day of birth or adoption and may be used with in the first 30 days after the date of birth or adoption.

22 ARTICLE XVII

Vacation Days, Holidays, Floating Holidays 17.01 Members shall be granted vacation days with pay according to the following schedule:

Vacation days shall be taken during the eligible year and shall not accumulate from one year to the next. A maximum of 5 Vacation days may be carried over from one year to the next year. All members must declare Carryover Days in writing to the Chief by May 15th each year. The days carried over must be used within the first quarter of the new fiscal year. (July 1 - September 30) Vacations shall be granted at such times during the calendar year as will best meet the public requirements and choice will be granted employees based on their years of service.

17.02 If a member is transferred from another bargaining unit in the Town of Yarmouth, that member will receive the same level of vacation benefits that the member has been receiving under the previous unit's agreement. However, the time of service as a regular police officer in the Yarmouth Police Department would be the only time that would count towards increases in vacation benefits under this agreement.

23 17.03 Holidays It is agreed that eleven (11) days in each calendar year shall constitute Holidays and are as follows:

New Years Day Patriot's Day Labor Day Thanksgiving Day Martin Luther King Day Memorial Day Columbus Day Christmas Day Washington's Birthday Independence Day Veteran's Day

Any additional Holidays that come into existence due to Federal or State Legislation shall be immediately applicable.

Beginning July 1st 2014, during the fiscal year that a member ends their 28th year, they will be paid for holidays at a rate of 1/5th of a week’s pay per holiday. Payments will be made the next pay period after holidays defined in 17.03. Example: Lt. Jones ends his 28th year on September 20th ,2014 On July 1st 2014 the Holiday pay begins. Lt. Jones will receive payment for all Holidays as they appear on the calendar. The member will not receive a day off for the holidays.

17.04 Floating Holidays: Each officer will be granted Six (6) Floating Holidays off each year. Floating holidays requested 8 hours in advance shall be granted. A Floating Holiday can be denied if a replacement is needed and there are no members of equal rank or higher available for replacement. Floating Holidays days shall be used within the fiscal year and shall not carry over to the next fiscal year.

17.05 On July 4th, Thanksgiving Day & Christmas Day a Sergeant may replace a Patrol Officer.

17.06 Patrol Sergeant Granting of Time Off Patrol Sergeant Vacation Time will be granted provided there is a replacement Sergeant or Lieutenant. Patrol Sergeant Holidays will be granted to only one Sergeant when two are scheduled with the following exceptions: A. Only one Sergeant is regularly scheduled to work provided a replacement of equal or higher rank can be hired. B. A Sergeant is sick, reassigned or injured provided a replacement of equal or higher rank can be hired. C. A Sergeant is assigned to training or other duty provided a replacement of equal or higher rank can be hired.

24 D. July 4th, Thanksgiving Day & Christmas Day, Vacation Days & Floating Holidays will be granted provided a replacement of equal or higher rank can be hired.

17.07 A Sergeant may only be replaced with another Sergeant or Lieutenant. Any Time off will not be granted if a replacement Sergeant or Lieutenant can not hired. Patrol Officers will not be hired as a Sergeant Replacement unless there is an extreme emergency and or unusual circumstance. Replacement for time off is not an extreme emergency. If the Chief requires above normal supervisory staffing and a Sergeant or Lieutenant can not be hired, the Chief has the right not to implement the additional supervisory staffing.

17.08 If a Vacation Day, Floating Holiday and Holiday is submitted 30 days or more in advance and there is a conflict between Sergeants for the same vacation period, seniority will determine who is approved. If a Vacation Day, Floating Holiday and Holiday is submitted less than 30 days in advance, time off will be granted to whichever Sergeants submitted time off first.

17.09 May 15th Time Off Deadline Between May 15th and July 1st all Sergeants & Lieutenants can use no more than ten (10) days off. (Excluding 5 carry over vacation days as described in 17.01 .) The 10 days includes all Vacation days, Holidays, Floating Holidays, , administrative schedule days, gym days and training days. This does not apply to gym days earned after May 15th. Days received as a result of section 10.04 for the May shift change are exempt. This does not include the Administrative Comp. day that is earned on June 1st.

17.10 Beginning May 15th Sergeants will be granted time off provided another Sergeant or Lieutenant can be hired.

17.11 Selling Vacation Days. Any Member may sell back up to 5 vacation days per year provided the Chief is notified in writing before September 1st each year. Payments will be made on a date selected by the member sometime between 2nd pay period in July and 1st pay period of February in the new fiscal year. Payments will be at 1/5th of a members weekly pay per vacation day at the time of payment.

17.12 Members who replace Patrol Sergeants who work 12-8, 8-4 or 4-12 shifts on Thanksgiving Day, Christmas Eve 4-12 or 12-8, 8-4 or 4-12 shifts on Christmas Day will be compensated an additional $100.00 per shift.

25 ARTICLE XVIII INSURANCE & HOSPITALIZATION

18.01 The Town of Yarmouth will provide Life Insurance coverage for each member in the amount of Fifty thousand (50,000) dollars for each individual. Said life insurance coverage will be One Hundred Thousand ($100,000) dollars in the case of an accidental death.

18.02 The Town of Yarmouth will maintain this life insurance coverage as long as the employee remains a member of the Department.

18.03 The disability policy now in effect shall never be less than benefits now supplied by the Town of Yarmouth.

18.05 The Town of Yarmouth will pay 60% of any HMO that is currently available or becomes available to the town in the future. The town will offer any and all additional insurance plans and or benefits that are offered to other locals within the Town.

18.06 Any member who, by their own choice, may annually undertake a Mental Wellness session administered by a licensed professional counselor, psychologist or psychiatrist will receive (four) 4 hours of ‘Rolling Time Off”. Once verified by the chief of Police any documentation will be returned to the member. The Department will not have access to any information about the session beyond verification of their credentials and the date, time and location of the session.

XIX LIGHT DUTY SECTION 1 - LIGHT DUTY

19.01 Whenever a member is incapacitated for duty because of injury sustained in the performance of duty without fault of their own, they shall be granted leave without loss of regular pay for the period of such incapacity. Provided, however, that no such leave shall be granted for any period after said member has been retired or pensioned or for any period after a physician designated by the appointing authority determined that such incapacity no longer exists. This compensation shall be paid only to the extent required by Massachusetts General Laws, Chapter 41, Section 111F, as amended from time to time.

19.2 No such paid leave shall be continued beyond a total of thirty (30) calendar days in the event the physician designated by the appointing authority determines that the member is capable of performing limited police duties (i.e., light duty) on either a full time or less than full time basis subject only to the provisions herein. The Chief, with the approval of the Town Administrator, shall determine whether a position is available which the member is capable of performing and may or may not assign him to fill the position. Assignments to limited duty tasks may be changed or terminated at the discretion of the Chief subject only to the provisions contained herein. Members will not be involuntarily assigned to light duty prior to the expiration of thirty calendar days. The thirty calendar day periods referred to in this paragraph include all time due to an injury or any recurrence of the same injury, whether or not continuous.

19.03 Light or limited duty tasks shall include: 1. Dispatching 2. Research & grant writing 3. Training 4. General clerical work in records room 5. Crime prevention (e.g. citizen’s assistance and operation ID) 6. Assist in property and evidence room 7. Suicide prevention Watch 8. Computer Operation 9. Supervision 10. Other limited or light duty tasks agreed upon by the Chief and the Union

19.04 Most limited or light duty tasks will normally be in-station duties. Such assignments, however, will not normally be made to the midnight shift except for Sergeants currently assigned to that shift.

19.05 If the member is determined by the physician designated by the appointing authority to be capable of returning to limited or light duty and he is assigned to same but does not report for same and does not file a timely appeal hereunder, his pay shall be discontinued and he shall be subject to disciplinary action.

19.06 Members assigned to light duty shall not be eligible for any type of specialist pay, additional stipends or benefits under the Contract, including but not limited to any such payments unless the member was receiving the pay, stipend or benefit prior to the light duty assignment.

19.07 Whenever a member is incapacitated for duty because of an injury sustained in the performance of duty without fault of his own, they shall be

27 allowed to carry over any combination of such vacation , floating holidays, and holidays that has been accrued from one fiscal year to the next fiscal year, when said member is out on a line of duty injury and is unable to use his/her time off due to the injury. Members who receive Holiday per 17.03 pay will continue to receive Holiday pay and are not entitled to holidays when they return. When a member is out injured for a full 52 week fiscal year, there is no carry over of time off.

SECTION 2 - APPEAL PROCESS

19.08 In the event the individual Members personal physician disagrees with the decision made by the physician designated by the appointing authority and believes that the officer is not capable of returning to limited duty, the officer shall cause his physician to confer with the physician designated by the appointing authority within ten (10) calendar days of the decision by the physician designated by the appointing authority.

19.09 A member assigned to light duty notwithstanding the continuing disagreement of his personal physician after said conferral with the physician designated by the appointing authority shall have the right, within fourteen (14) calendar days after said conference, to appeal to a third physician agreed upon by the two conferring doctors. During the pendency of this appeal, the member shall comply with the regulations and order upheld in Atterberry vs. Police Commissioner of Boston, 392 Mass. 550, 467 N.E. 2d 150 (1984).

19.10 The third physician shall render his/her decision within seven (7) calendar days or as soon as practical thereafter. The decision of the third physician shall be final and binding as to whether the member is medically capable of being assigned to limited or light duty at that time. The Town will be responsible for payment of the third physician.

19.11 If the member is determined by the third physician to be capable of returning to limited or light duty and he is assigned to same and he does not report for same, his pay shall be discontinued and he shall be subject to disciplinary action.

19.12 Nothing herein shall prevent the Chief from having the member subsequently re-examined at reasonable intervals, normally not less than fourteen calendar days, to see if the member has sufficiently recovered to commence light duty.

19.13 Nothing herein shall preclude any injured member from seeking retirement nor shall anything herein preclude the Town of Yarmouth from involuntarily retiring members.

19.14 Nothing herein shall preclude an injured member from seeking and obtaining treatment for said injury from a physician of his choice.

19.15 Nothing herein shall require or preclude or limit the discretion of the Chief to grant or deny a request from a member out on sick leave to work on limited or light duty. Such assignments, however, shall not be made involuntarily.

19.16 It is understood that assignments to light duty are temporary in nature and shall not extend beyond the period of disability.

ARTICLE XX DOCTOR'S BILLS

20.01 Any member who has come in contact with a person who is possibly contagious, may request an examination and or preventive inoculations at the expense of the Town of Yarmouth.

ARTICLE XXI COURT TIME

21.01 A member who is required to attend court on behalf of the Commonwealth in a criminal case at a time when he is not scheduled to work, and has prior approval of the Chief or his designee, shall be paid for all hours in attendance, with a minimum of THREE (3) hours at the rate of time and one- half or he can choose to take Rolling Time off at the rate of time and one-half.

21.03 Members will be authorized to collect the travel fee paid by the court in this Commonwealth. This sum will not affect compensation due under 21.01.

ARTICLE XXII USE OF PERSONAL EQUIPMENT

22.01 If a member is ordered by the Chief of Police or his representative to use his own automobile in the performance of his duties, he shall be paid at the current rate authorized by Town Administrator unless compensated by another source.

22.02 In no event shall there be a specific or supplementary fuel charge.

22.03 After a hearing of the Chief or his designee and a Union Representative, members shall be reimbursed by the Town of Yarmouth for the damage or loss of uniforms, equipment, or personal property (I.E., glasses and watches, etc.,) consistent with replacement value “not to exceed $500.00 if damaged or lost in the line of duty without “fault” to the member. Such reimbursement shall not be charged to the individual’s clothing allowance. All members will provide a receipt and written report stating the facts regarding the loss or damage for the replaced item.

ARTICLE XXIII MILITARY LEAVE

23.01 Any member of the Department who is called for duty in the Armed Forces of the Commonwealth or the United States shall be paid for any difference in compensation between that drawn in a normal period of two (2) weeks in the Police Department and the total compensation (excluding travel allowance) received by reason of such duty. Note: normal period to mean basic salary.

23.02 Such payment shall be limited to a period of two (2) weeks in any twelve (12) month period and shall not include payment to members of the National Guard who may be mobilized during an emergency in the Commonwealth.

23.03 Employees called for duty shall not be required to use their vacation allowance or holidays for such military activity.

ARTICLE XXIV MISCELLANEOUS 24.01 Formation for parades, public ceremonies and like events will be on a voluntary basis unless otherwise ordered by the Chief of Police (only those members in Town and scheduled to report for duty within twenty-four hours are subject to such an order). In the event of a mandatory formation, members ordered to attend will be compensated at the rate of time and one-half for those in attendance with a three-hour minimum.

24.02 Department meetings called by the Chief and ordering members to attend shall provide for all officers who attend outside of working hours - said members to be paid at the rate of time and one-half.

24.03 It is further agreed that all off-duty members attending such meetings shall be paid a minimum of three (3) hours at the overtime rate.

30 24.04 Implementation of this contract shall not discontinue any previous written benefits granted the employees of the Department.

24.05 Layoffs: Non-probationary employees will be laid off in inverse order of seniority by date hired as a full time Yarmouth Police Officer.

24.06 Notwithstanding any other provisions, the Chief has exclusive discretion to hire any non-union personnel to monitor persons in custody while at the Yarmouth Police Facility.

24.07All members using the Yarmouth Police Department fitness room for 40 hours shall be compensated with one (1) shift off.

24.08 Gym time will be kept separate from all other time. Gym time off can not be submitted more than 8 days in advance and at the time of the request shall not involve the hiring of a replacement. Gym time off can not be carried into the next fiscal year and can-not be turned in for monetary compensation.

24.09 Mass Cop Local 427 members who attend an accredited college course in the field of Criminal Justice or related field which is pre approved by the Chief will be reimbursed for 25% of the tuition provided: 1. The class is pre-approved by the Chief. 2. The College/University /Law School must be accredited by the Commission on Institutions of Higher Education (CIHE) of the New England Association of Schools and Colleges. 3. Transcript indicating that full credits were earned for the class. 4. Payments will be made after receipts and transcripts are submitted and approved. Reimbursements will be for no more than 4 courses per year with a maximum union wide dollar amount of $1,000.00.

ARTICLE XXV MANAGEMENT RIGHTS

25.02 It is agreed that future technology enhancements in the form of GPS Units, Dash cams, Body cams and Epi Pens will be allowed to be implemented. Union leadership or their designees will be solicited for their input into product

31 selection and/or any policies related to said products prior to implementation.

The Chief shall retain the authority to make final decisions on these matters subject to any future privacy and safety concerns raised in accordance with Article 5.03 of the Agreement.

25.03 State Accreditation The bargaining unit members will support the ongoing state accreditation process involving changes in department policies and conditions of employment, including but not limited to the development and implementation of new policies and procedures, data collection and analysis and evaluation procedure and other such activities required for accreditation and in accordance with the collective bargaining agreement.

ARTICLE XXVI TERMS OF AGREEMENT

26.01 The terms of this agreement shall commence on July 1, 2018 and end on June 30, 2020, except as follows:

26.02 It is understood that any change in basic compensation shall be effective to July 1, 2018, unless otherwise specified.

26.04 By mutual consent, this agreement may be modified or changed by adding new provisions, or deleting existing provisions during the terms of the agreement.

26.05 No amendments or changes to this agreement involving money matters may be made until approved by the constituents of the Town of Yarmouth at Town Meeting.

26.06 Negotiations on a succeeding contract will be initiated not later than January 1, 2020, with the expectation of reaching agreement well in advance of the 2020 Town Meeting.

26.07 If a new contract is not executed on or before July 1, 2020 all terms,

32 provisions and conditions shall remain in full force and effect until such new contract has in fact been executed. This agreement shall be subject to ratification by the Town Administrator and the Union membership and shall be subject to funding by the Town Meeting in each year of the contract.

ARTICLE XXVII PROMOTION POLICY

27.01 Promotion defined: For the purpose of this agreement, a promotion shall be defined as: any change in status that results in an upgrading of salary increments from patrol officer or sergeant to the rank of lieutenant. The transferring of a member from the uniformed branch to the civilian clothing branch (detectives or such other office that does not require the wearing of a uniform) without his regular salary increment schedule being changed shall not be considered a promotion. For the purposes of this agreement, the assignment of a member to the detective division or such other non-uniformed position that may be established shall not be considered a promotion unless such assignment carries with it an upgrading in rank to lieutenant.

27:02 ELIGIBILITY:

The following minimum criteria must be met in order to be eligible for a promotion as defined above:

FROM SERGEANT TO LIEUTENANT:

One (1) year of continuous service, unbroken by a leave of absence, as a sergeant immediately prior to the date of the test, unless fewer that three (3) individuals are qualified. If there are less than (3) three individuals qualified then the testing process will be opened to ineligible sergeants and then to patrol officers. Leaves of absence covered under the federal family leave act and maternity leaves will not impact a Sergeants continuous years of service.

Any time spent in a higher rank, in an acting capacity, will be counted toward continuous service in that rank, unless such service is broken.

27:03 POINTS:

60 EXAM POINTS

33 EDUCATIONAL POINTS

Educational points for degrees in law enforcement related fields.

2 points for Associates degree or Honorable Discharge / Active Duty status in any branch of the United States Armed Forces 4 points for Bachelors degree 5 points for Masters degree

CANDIDATE ORAL BOARD POINTS

30 maximum points for candidate oral board

LONGEVITY POINTS

5 Maximum Points 1 4 + years 2 7 + years 3 10 + years 4 13 + years 5 16 + years

Longevity defined: time served from date of appointment as a full time Yarmouth police officer up to the date of the exam. Not including leaves of absence as defined in the eligibility paragraph.

27:04 EXAM CRITERIA

Local focus, professionally developed law enforcement promotional exam. The examination will be of multiple choices and will be scored by the developer or vendor of the exam.

LIEUTENANT EXAM STUDY MATERIAL

50 % Supervisory and administrative 50 % Yarmouth Police Dept. Rules and regulations, policies and procedures. (Total will = 100)

The exam date will be posted with a list of study material. The exam date will not be posted until all study materials are available. After all study materials are available an exam date will be posted with 70 days notice.

There will be no more than 1 book on any subject covered by the exam. Y.P.D. policy & procedures/rules & regulations are one book.

34 Candidates shall receive a copy of their answer sheet after the interview process is complete.

Every reasonable effort will be made to have the test corrected and the results furnished to the Yarmouth Police department within ten (10) business days of the exam date. The results of the exam will not be opened until the completion and scoring of the evaluation/interview process. The chief (or his designee) and the union president (or shop steward) will be present at the opening of the exam scores.

Upon completion of the exam the union president will be given a copy of the test. This copy will be used for all candidates who have taken the exam to appeal test questions. Appeals are to be submitted within five (5) days.

All candidates receiving a passing score will go on to the candidate oral board.

27:05 MAKE-UP OF CANDIDATE ORAL BOARD :

LIEUTENANT

Chief Deputy Chief 2 lieutenants 1 Law Enforcement Professional from an outside agency If the Chief or Deputy Chief is not employed, a third Lieutenant will take their place on the Oral Board, or if necessary another agreed upon panel member(s) may be used.

27:06 GUIDLEINES FOR THE CANDIDATE ORAL INTERVIEW/ASSESMENT BOARD A review covering the candidates evaluation forms and personnel file.

Board review and point assessment.

The candidate will be allowed fifteen (15) minutes to explore and explain his/her involvement with different aspects of the Yarmouth Police Department.

The tools to be utilized are the employee personnel file, outside awards, disciplinary actions, commendations, training, projects, other materials provided by the candidate and the interview.

THE INTERVIEW SCORE:

The performance evaluation/interviews should be completed and the candidates overall scores shall be tallied within thirty (30) days of obtaining the exam results.

It shall be understood that any challenges to exam questions or the evaluation/interview process could extend the time guidelines set forth in this policy.

27:07 SCORES

The union president or his designee shall be present during this final calculation of the candidate’s scores.

The exam numbers will then be matched with the exam names. The points for the exam will be the exam score multiplied by the available points for the exam (60 points). The exam score (60 max), the evaluation/interview score (30 max), educational points (5 max) and the longevity points (5 max) will be totaled. The names of the top six (6) candidates including any ties in total points with the sixth place score will go to the chief.

27:08 PROMOTIONAL LIST

In constructing a list the chief’s selections should be made within three (3) days of the completion of the promotional process. The chief’s list will be posted in the police facility. When promoting from the list if the chief’s choice is not the top candidate from a duly constituted list (i.e., as prescribed above), the chief must show just cause as to why the top candidate was not promoted.

A position is filled only when there is a vacancy. A vacancy is when a new position is added or when a person in a funded position is demoted, is promoted, retires, dies or employment with the town is terminated (fired). If there is an exam for a lieutenants position(s), the need

36 for an exam will be determined by an anticipated vacancy.

The date that the Yarmouth Town Administrator certifies the chief’s letter establishing the list will be considered the official starting date of the lieutenants promotional list. The list will exist for two (2) years. The order of the candidates by composite score will not change. The list will only be accompanied with a recommendation of the chief. If there is a need for another position the next candidate will be moved up. When there is an active lieutenant promotional list any acting lieutenant will come from this list.

In the event of an overall failure to qualify, the examination will be opened to the next lowest grade. Sergeants have the right to refuse any promotion. If all candidates on a duly constituted list are by-passed for promotion, the entire process to establish a new list will be redone.

APPENDIX I WAGES AND COMPENSATION JULY 1, 2018 - JUNE 30, 2020

WAGES a) Effective July 1, 2018 (FY19) – 2 ½ % COLA b) Effective July 1, 2019 (FY20) – 2 ½ % COLA

HOURLY PAY PLAN

a) Effective July 1, 2018 (FY19) – ½ % to 15YR Step 2 & Step 7 (4%) b) Effective July 1, 2019 (FY20) – ½ % to 15YR Step 2 & Step 7 (4 ½ %)

Remove Sgt. Renzi Hourly Pay Plan Effective July 1, 2018 and Add to Step 8.

The pay scale for members shall be as follows:

Pay Levels:

LEVEL 2 & 3 are only for members hired prior to 1-1-10. No members can move into Level 2 or 3. Members in Level 1, 2 & 3 will remain in their levels for the duration of their employment with the Town of Yarmouth Police Department.

LEVEL 1 Members and Potential Members Patrick Carty, Paulo Cruz , Scott Lundegren, Nicholas Pasquarosa, Albert Sprague, Mark Thibeault and members hired after 1-1-10.

37 LEVEL 2 Members and Potential Members Kalil Boghdan, Sean Brewer, Chris Capobianco, Neal Donohue, Richard Fichter, Gordon Gibbons, Mary Gibney, Justin Haire, Kevin Lennon, Christopher Marino, Chris McEachern, Paul Mellett, Mark Noone, Andrew O’Malley, Christopher Vanness, Erica Wenberg.

LEVEL 3 Members and Potential Members Melissa Alden, Kevin Antonovitch, Gerard Britt, Michael Bryant, David Dickey, John Fallon, Francis Hennessey, Thomas Hennessey, Chris Kent, Michael Kramer, Eric Nuss, Philip Magnuson, Louis Nickinello, Brian Niezgoda , Stephen Renzi, David Schneeweis, George Tsoukalas, Walter Warren, Michael Zontini.

NEED TO REPLACE THIS SCALE “ADD IN THE LANGUAGE BELOW”: Pay Steps “All patrol officers promoted to Sergeant after July 1, 2016 will be paid .5% less (added to the current 2.5% for a total of 3%) for each step with less than 5 years as a Sergeant.”

The pay step(s) wording will be removed from the new contract and added into the pay scale.

FY14 MASS COPS LOCAL 427 SGT SGT P9 LT LT P9 Grade Rates Step 10 Step 11 Step 12 Step 13 LEVEL 1 Hourly 37.6958 39.0153 44.1040 45.6478 Daily 301.5663 312.1211 352.8325 365.1817 Weekly 1,507.83 1,560.61 1,764.16 1,825.91 Annual 78,407.24 81,151.49 91,736.46 94,947.24

LEVEL 2 Hourly 38.3018 39.6258 44.7433 46.2985 Daily 306.4144 317.0066 357.9459 370.3874 Weekly 1,532.07 1,585.03 1,789.73 1,851.94 Annual 79,667.75 82,421.71 93,065.93 96,300.73

LEVEL 3 Hourly 41.7905 43.2300 48.8098 50.5018 Daily 334.3238 345.8406 390.4788 404.0131 Weekly 1,671.62 1,729.20 1,952.39 2,020.07 Annual 86,924.19 89,918.56 101,524.48 105,043.41

LEVEL 4 Hourly 43.5348 45.0270 50.8485 52.6033 Daily 348.2785 360.2156 406.7872 420.8260 Weekly 1,741.39 1,801.08 2,033.94 2,104.13 Annual 90,552.41 93,656.06 105,764.68 109,414.76

Members shall receive their step raises on their anniversary date of hire as a full time Town of Yarmouth employee with unbroken service and will be paid at the next available pay date.

NON PATROL SHIFT DIFFERENTIAL Any member, except for the Detective Sergeant, assigned to an administrative schedule (5-2), shall receive, after one year, $600.00 per year above their regular pay.

Any member who performs in a capacity above their rank for 6 hours or more will be compensated for the higher rate of pay for the entire shift.

NIGHT DIFFERENTIAL 5/3, 523 Schedule Night Differential - An additional payment of: FY – 16 $50.00 FY – 17 $65.00 per week will be paid to all members of the Department assigned to a shift, the majority of which is worked from Midnight to 6:00 a.m. An additional payment of forty-five ($45) dollars shall be made to those members of the Department assigned to a shift, the majority of which is worked from 6:00 p.m. to midnight.

Members, with the exception of the Detective Sergeant, who are assigned to an administrative work schedule will receive the night differential that applies to the hours worked. This will apply to only those nights during which the member is working a regularly assigned night shift. Members who work a scheduled 4-12 shift will receive the appropriate night differential on the nights that they work the scheduled shift. This is not to exceed Two (2) nights per week.

LONGEVITY PAY All members shall be paid an additional annual compensation in increments as follows: Completion of 5 years of service $375.00

Completion of 10 years of service $450.00

Completion of 15 years of service $550.00

39 Completion of 20 years of service $650.00

Completion of 25 years of service $800.00

Completion of 30 years of service $950.00 Payment of this compensation will be by December 15th or July 15th following the officer’s anniversary date with the police department.

MEALS TAKEN OUT OF TOWN The town will reimburse members for “Out of town” meals taken as part of in service training, investigations or assignments of more than (4) hours with prior approval of a supervisor at the rate of the actual cost of the meal. Appropriate receipts and the work assignment, training, or workshops notice must be submitted. The maximum meal reimbursement is $20.00 per day.

This does not include reimbursement for members who attend in service training at the Yarmouth Police Facility. The following meals will not be reimbursed:  Meals at Barnstable County Courts  Training sessions or workshops that offers meals  Out of town details

Appropriate Receipts. Appropriate receipts are those, which identify the name of the restaurant, the date of the meal and a listing of the purchased food. If the receipt does not contain the name of the restaurant, the name of the restaurant should be inserted or attached and initialed by the member. If the only receipt is a small tab the appropriate “small tab” receipt will contain the name of the restaurant, the name of the town in which the restaurant is located, what was eaten and the members signature. All submitted bills should include original receipts and verification of attendance or assignments for out of town police business.

TOWN OF YARMOUTH AND Mass Cop Local AGREEMENT JULY 1, 2018 through JUNE 30, 2020

This agreement shall be subject to ratification by the Town Administrator and the Union Membership and shall be subject to funding by the Town Meeting.

YARMOUTH SELECTMEN Mass Cop Local 427

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Date______

TOWN OF YARMOUTH RECREATION DIVISION 424 Route 28, West Yarmouth, MA. 02673

Telephone (508) 398-2231 ext 1520 Fax (508) 790-9152 Email: [email protected]

CONSENT MEMORANDUM

TO: The Honorable Board of Selectmen AGENDA

FROM: Ruth Nee

DATE: August 6, 2018

RE: Donations – Town of Yarmouth Recreation

Please accept the following donations to the Town of Yarmouth Recreation Department.

These donations will be used for the purchasing and engraving of planks to be placed on the Gray’s Beach Boardwalk:

Caitlyn MacDonald $150.00 Joseph Mirabile $150.00 Susan Ginkus $150.00 Stephanie McCusker $150.00 Carole Connolly $150.00 Kathleen Schmeer $150.00 Robyn Fontaine $150.00 Peter Cardia $150.00 Sarah Heyward $150.00 Nancy Lagomarsino $150.00 Cheryl Gidman $150.00 Lauria Schoen $150.00 Patricia Cafferata $150.00 Sal Tecci $150.00 Ann Potter $150.00

TOTAL: $ 2,250.00

INFORMATION ITEMS