This Agreement, entered into by the TOWN OF ENFIELD, CONNECTICUT, hereinafter referred to as the EMPLOYER, and LOCAL #798, CONNECTICUT COUNCIL OF POLICE UNIONS #15, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL‑CIO, hereinafter referred to as the UNION, has, as its purpose, the establishment of an equitable and peaceful procedure for the resolution of differences, and the establishment of rates of pay, hours of work, and other conditions of employment.

ARTICLE 1 - RECOGNITION

SECTION 1. The Employer recognizes the Union as the sole and exclusive bargaining agent for the purpose of bargaining for the establishment of salaries, wages, hours and other conditions of employment for all sworn police officers of the Enfield Police Department up to and including the rank of Lieutenant. Animal Control Officers employed by the Town of Enfield shall also be included.

SECTION 1A. The parties expressly acknowledge that the positions of Chief of Police, Deputy Chief and Captain(s) are excluded from the bargaining unit represented by the Union.

SECTION 2. The term “employee” or “employees” as used in this Agreement shall mean any and all sworn Police Officers of the Enfield Police Department up to and including Lieutenants, and unless expressly specified to the contrary, herein, shall also include Animal Control Officers.

SECTION 3. There shall be a probationary period of six (6) months after satisfactory completion of the Connecticut Municipal Training Academy for newly appointed employees provided that such probationary period not exceed eighteen (18) months, nor be less than twelve (12) months. This shall not preclude a probationary employee from moving to the next pay step following the probationary rate on his/her anniversary date. The probationary period for all promotions shall be six (6) months.

ARTICLE 2 - UNION SECURITY

SECTION 1. All present employees covered by this Agreement shall, as a condition of employment, become and remain members of the Union, in good stature thirty (30) days after the signing of the Agreement. All future employees shall be required to become and remain members of the Union six (6) months after their appointment to the Enfield Police Department. The Employer agrees to inform all applicants to the Enfield Police Department of this condition of employment. The Union agrees to provide the necessary membership and dues deduction forms.

ARTICLE 3 - DUES CHECK‑OFF

SECTION 1. The Employer agrees to deduct Union membership initiation fee and weekly dues from the pay of those employees who individually request in writing that such deduction shall be made. The amounts to be deducted shall be certified to the Employer by the Treasurer of the Union, and the aggregate deductions of all employees shall be remitted to the Treasurer of the Union by the last Friday (pay day) of the current month, after such deductions are made.

ARTICLE 4 - HOURS OF WORK

SECTION 1. The work period shall consist of five (5) consecutive workdays between days off as defined in Section 3. Employees shall be compensated a minimum of forty (40) hours per week for their regularly scheduled work week, unless all or part of the work week is charged to an unpaid leave of absence.

SECTION 2. The normal scheduled shifts, inclusive of roll‑call, rest period, meal period and debriefing reports prior to the end‑of‑duty hours, shall encompass the following schedule:

1^st / Midnight Shift	-	1A 2300-0700 hours
		1B 2400-0800 hours
2^nd / Day Shift	-	2A 0700-1500 hours
		2B 0800-1600 hours
3^rd / Evening Shift	-	3A 1500-2300 hours
		3B 1600-2400 hours

The Employer may revise and establish additional shifts according to the needs of the Department. The working day for the 1^st shift A Squad will be from 2300 hours to 2300 hours. The working day for all other employees shall be from 2400 hours to 2400 hours.

SECTION 2A. The normal schedule for part-time Animal Control Officers shall be mutually agreed upon by the Town and the Union. The Town may revise and establish additional hours according to the needs of the Department.

SECTION 3. The work schedule for all employees except those employees in Administrative Positions shall consist of a cycle of five days of work followed by two days off, followed by five days of work, followed by three days off, after which the cycle shall be continuously repeated with the result that employees shall continuously receive alternating days off of two days and three days after each five day work period. Provided, however, to fulfill the needs and requirements of the department, the Chief of Police may designate certain positions as “Administrative Positions.” The days of work, shift hours and days off applicable to said, “Administrative Positions,” shall be determined by the Chief of Police and shall be subject to bid. No employee in an “Administrative Position” shall be scheduled to work in excess of five days in a work week. Detectives in Administrative Positions who are regularly scheduled to work a shift on a weekend, may once per month, subject to the needs of the Department, swap a weekday off in the same work week for the normally scheduled shift on the weekend. No more than one Detective normally scheduled to work the scheduled weekend shift may swap in the same week.

SECTION 4. Employees shall have the right to bid by seniority available hours of work on regular shifts as posted. Patrol assignments shall also be bid by seniority. Such bid availability shall be posted at least four (4) weeks prior to being effective.

a. Spares shall be assigned on regularly scheduled shifts to particular beats or duties by their commanding officer on a daily basis.

b. Employees who fail to bid their shift preferential, as available, prior to the effective date of any such bid, shall be assigned to a particular shift by the Chief of Police or his designee.

SECTION 5. The duration of the assignment, subject to bid, shall be a maximum of fifteen (15) weeks, and said duration shall be posted at the time the assignments are bid. The duration time may be extended by mutual agreement between the Town and the Union. If additional assignments are established prior to the duration posted at the time of bid, the bid shall be reopened on posting of the additional assignment. Bids will take effect the first Sunday at 0000 hours in each bid period. Two consecutive fifteen week bid periods will be bid simultaneously.

SECTION 6. The positions of Full Time Animal Control Officer shall be designated to be an “Administrative Position”.

SECTION 7. Officers may return to their work stations fifteen (15) minutes before the termination hour of their shift, if work demands permit, for the purpose of preparing reports, notifying oncoming officers of any beat conditions, and to notify the supervisor of any unusual occurrences they may have encountered during their shift.

SECTION 8. An employee shall be required to work on his regularly scheduled day off only in the case of an emergency, which is defined as a situation that cannot be anticipated by at least four (4) hours.

a. It is understood that the normal conditions resulting from formal parades, vacations, and elections do not constitute emergency.

ARTICLE 5 - RATES OF PAY

SECTION 1. The wage scale in effect for June 30, 2006 will be increased by four percent (4%) effective July 1, 2006. This increase will be retroactive to July 1, 2006 for all employees who are on the payroll on July 1, 2006 and on the payroll on the date of ratification by the Enfield Town Council. (Schedules attached as Appendix A).

Effective sixty (60) days after the award in case SBMA No. 2003-MBA-33 becomes final and binding the patrol classification will be reduced from eight (8) steps to seven (7) steps, dropping the probationary step, per Appendix A.

SECTION 1A. Effective July 1, 1990 all employees who maintain their status as Emergency Medical Technicians (EMT’s) shall be paid a sum of two hundred fifty dollars ($250.00). Effective July 1, 1993, this sum shall increase to three hundred dollars ($300.00). This money shall be paid in one lump sum the first pay period of December 1990 and each December of each fiscal year thereafter.

SECTION 2A. Effective July 1, 2007 all rates of pay on the pay plan in effect on June 30, 2007, shall be increased by three percent (3%).

SECTION 2B. Effective July 1, 2008 all rates of pay on the pay plan in effect as of June 30, 2008 shall be increased by two and one-half percent (2 ½%).

SECTION 2C. Effective July 1, 2009 all rates of pay on the pay plan in effect as of June 30, 2009 shall be increased by two percent (2%).

SECTION 3. Salary step increases for newly hired or promoted employees shall be based upon anniversary date of employment or promotion.

SECTION 4. All regular employees requested to work in a classification higher than his own shall be paid the salary for the higher classification. The following procedure shall apply:

a. The period of work shall be a minimum of eight (8) hours.

b. Pay shall be at the rate of the beginning step of the higher classification, or the next step of the employee, whichever is the larger.

c. Application of this Section shall be to the temporary rank of Detective, Sergeant, or Lieutenant, no rank above, on official replacement only.

SECTION 5. Effective January 1, 2007 all employees will be paid through direct deposit and will furnish the Finance Department with the necessary information to arrange for said deposit.

SECTION 6. New employees hired after July 1, 2009 who are certified police officers prior to their employment with the Town, will be given credit for each full year of full time police experience, up to four years, that they had before their employment with the Town. For each year of credit they will advance one step on the patrol officer pay plan in Appendix A. The maximum rate of pay a patrol officer may start at is Step 4 of the pay plan. This credit does not apply to seniority or any other benefit under the contract.

ARTICLE 6 - OVERTIME

SECTION 1. Effective upon the issuance of the arbitration award for Case No. 2003-MBA-33, an employee required to work in excess of eight (8) hours per day, in excess of his/her scheduled eight (8) hour shift or in excess of his regularly scheduled work week, shall receive time and one‑half (1 ½) for such overtime work.

SECTION 1A. Part-time Animal Control Officers shall receive time and one-half (1 ½) of their regular rate of pay for hours worked in excess of forty (40) hours in one week.

SECTION 2. All overtime assignments must be authorized in advance by the Chief of Police or his designee.

SECTION 3. In all overtime assignments, regular full time members of the Department shall be given preference. All overtime, except for that specified in Section 5, shall be allocated by means of a computer tally list bearing the names of employees who have indicated their desire for overtime work. Said tally sheet shall be maintained by the Chief of Police or his designated agent and he shall keep an on‑going count of overtime hours charged and overtime hours worked, provided that no employee shall be charged for overtime that is less than two (2) hours in duration. As overtime becomes available, it shall be offered on a rotation basis starting with the employee with the least number of hours charged. The computer tally list shall be started by seniority in each division and classification beginning with all overtime assignments scheduled for July 1 or thereafter of that year. The number of hours charged on the tally list begins with zero (0) hours.

SECTION 4. New employees shall be eligible for overtime work upon completion of the Connecticut Municipal Training Academy except as provided in Section 5.

SECTION 5. All overtime shall normally be on a voluntary basis except:

a. Where there is a declared emergency by the Town Manager or the Chief of Police.

b. Where such overtime is contiguous with the initial and terminal hours of the employee’s shift.

c. Where the Town is unable to fill its overtime schedule, in which case the least senior employee who has completed the Connecticut Municipal Training Academy will be required to work overtime, provided that such overtime work will not result in the employee’s working in excess of sixteen (16) consecutive hours.

d. Probationary employees who have not yet completed their training at the Connecticut Municipal Training Academy may be required to work overtime for unforeseen and unanticipated incidents, such as but not limited to, a national disaster, civil disobedience or labor dispute when the Town is unable to fill overtime needs with officers who volunteer for said overtime.

ARTICLE 7 - CALL TIME

SECTION 1. Employees who may be required to return to duty to perform overtime duties on a regular working day, and when such hours are not contiguous with the initial or terminal hour of the regular shift hours, shall be paid not less than two (2) hours of pay at time and one‑half (1 ½). For the purpose of this section, a regular working day shall be an entire twenty‑four (24) hour period commencing at midnight during which the employee is scheduled for a regular tour of duty.

SECTION 1A. Effective upon issuance of the arbitration award for Case No. 9192-MBA-343, employees required to appear in their official capacity in court or work related hearings due to Department related cases outside of their regularly scheduled work hours, shall be paid at time and one-half (1 ½) for this time per Article 6 or Article 7, whichever applies. Part-time Animal Control Officers shall be compensated for this time in accordance with Article 6.

SECTION 2. The full time Animal Control Officer reporting for call or duty after regularly scheduled hours shall receive a minimum of two (2) hours regular compensation at time and one-half (1 ½).

ARTICLE 8 - TRAINING

SECTION 1. All department scheduled training shall be considered as hours worked and any training in excess of forty (40) hours in a work week shall be compensated at time and one-half (1 ½).

SECTION 2. An employee(s) shall have their hours and days of work scheduled or rescheduled as required according to the needs of the training assignment, provided that employees are notified of any changes of the hours of work or days off at least forty-eight (48) hours (exclusive of normally scheduled time off), in advance of such training assignment.

ARTICLE 9 - HOLIDAYS AND VACATIONS

SECTION 1. Paid holidays shall be allowed for all regular employees of the Enfield Police Department and will not have to be earned before using said holiday. These holidays shall include the following:

a. New Year’s Day

b. Martin Luther King Day

c. Lincoln’s Birthday

d. Washington’s Birthday

e. Good Friday

f. Memorial Day

g. Independence Day

h. Labor Day

i. Columbus Day

j. Veterans’ Day

k. Thanksgiving Day

l. Christmas Day

m. The birthday of all regular employees shall be included as an annual paid holiday commencing July l, 1971.

n. In the event of an unforeseen National or State holiday and it is declared by the Town Manager as such and is, in fact, celebrated by the Town, each employee shall be entitled to the holiday in addition to the total holidays provided for in Section l.

Effective April 16, 1991, any employee who works on one of the following holidays shall be paid time and one-half (1 ½) his/her regular rate of pay for the hours worked on said holiday: Independence Day, Labor Day, Thanksgiving Day, Christmas Day, New Year’s Day, Memorial Day. Effective upon the issuance of the binding arbitration award for Case No. 9192-MBA-343, any employee who works on one of the holidays listed as a. through l. in this section shall be paid time and one-half (1 ½) his/her regular rate of pay for the hours worked on said holiday. Any employee who works on a holiday shall be allowed to take the holiday at another time of his/her choosing. Effective upon issuance of the arbitration award for Case No. 9192-MBA-343, whenever an employee is required to work on one of the holidays specified in Section 1, subsections a. through l., and such work was not part of the employee’s scheduled hours of work, s/he shall be compensated at two (2) times his/her regular rate of pay (2x base hourly rate) for such hours worked.

SECTION 1A. Effective July 1, 1985, those employees who work the five‑two, five‑three schedule shall be permitted to take eleven (11) paid holidays in any fiscal year, forfeiting Lincoln’s birthday and the Employee Birthday without any compensation in lieu thereof. If an employee on the 5-2, 5-3 schedule works on Lincoln’s Birthday or his/her own birthday, s/he shall not receive the premium pay or additional day off provided under Sections 1.0, and 1.0 (1) above.

SECTION 1B. Effective July 1, 1984, the Union agrees to allow the Town to give other Town employees the day after Thanksgiving off without seeking compensation.

SECTION 2. In the event of the death of an employee, the spouse and/or designated beneficiary of the employee shall receive compensation for any earned but unused holidays.

SECTION 3. In the event an employee retires, he shall be compensated for any earned but unused holidays at the time of retirement as severance pay.

SECTION 4. Effective upon the date of vacation selection for the fiscal year beginning July 1, 1985, members shall be allowed the following vacation periods during each fiscal year at basic straight time pay:

a. At least 1 year but less than 5 years, 10 work days of vacation earned per fiscal year.

b. At least 5 years but less than 12 years, 15 workdays of vacation earned per fiscal year.

c. At least 12 years but less than 20 years, 20 workdays of vacation earned per fiscal year.

d. 20 or more years, 25 workdays of vacation earned per fiscal year.

SECTION 4A. Vacation entitlement in any vacation year shall be determined by the years of service an employee has on his anniversary date.

SECTION 4B. Effective July 1, 1985 employees working in Administrative Positions shall be allowed the following vacation periods during each fiscal year at basic straight time pay:

a. At least 1 year but less than 5 years, 15 work days of vacation earned per fiscal year.

b. At least 5 years but less than 12 years, 20 workdays of vacation earned per fiscal year.

c. At least 12 years but less than 20 years, 25 workdays of vacation earned per fiscal year.

d. At least 20 years, 30 workdays of vacation.

SECTION 5. In the event of the death of an employee, the spouse and/or designated beneficiary of the employee shall be compensated for any earned but unused vacation time the employee may have.

SECTION 6. In the event the employee retires, he shall be compensated for any earned but unused vacation time as severance pay. Compensation for this Section and Section 5 shall be at the employee’s current rate of pay.

SECTION 7. In the event of illness during an employee’s vacation period, the employee shall be given the option of charging the sick days to his sick leave, providing a doctor’s certificate verifying illness and period of illness is presented.

SECTION 8. The bid book shall be made available in the first week of the month prior to the effective date of the bid period. Vacations, paid holidays and shifts shall be bid by seniority before the end of the one month bid periods.

a. Separate vacation list shall be prepared for the following and employees shall be allowed to take their vacation as specified.

Traffic 1 man Patrolmen 6 men

Juvenile 1 man Sergeants 1 man

Detectives 1 man Lieutenants 1 man

b. Employees shall have the right to select their vacation dates in accordance with seniority, but shall not schedule vacation that shall create an overtime expenditure in providing such leave of absence. The Town shall employ its best efforts to accommodate the employee’s vacation. Employees may have their scheduled vacation canceled due to an emergency situation and such emergency is so declared by the Town Manager. An exception shall prevail as to accommodate overlapping conditions not to exceed one (1) or two (2) days, one extra man from each unit shall be allowed off.

c. Vacation shall be scheduled between the normal days off of the covered employees.

d. In the cases of personal emergency, a man shall be allowed to change his vacation time from the original bid to a new time to cope with said emergency if such new time is available.

e. In the event an employee wishes to change his bid vacation time and the alternate vacation time is open, the employee shall be allowed to change his bid vacation time. Changes must be made at least two (2) weeks in advance.

f. Vacations and five (5) or more paid holidays shall be bid for each of the two consecutive 15 week bid periods commencing in accordance with Article 4 section 5.

g. Vacations are not cumulative and must be taken prior to June 30^th of each fiscal year unless otherwise approved by the Chief.

ARTICLE 10 - INSURANCE

SECTION 1. Effective sixty (60) days following the date this contract becomes final and binding, the town shall provide the following insurance programs for those employees and their eligible dependents who choose to enroll in such insurance programs:

a. Blue Cross Century Preferred Plan with Managed Benefits (PPO) and the Blue Cross Full Service Basic Benefit Dental Plan. Effective July 1, 2005 employees will contribute 10% of the combined premiums for such coverage. Effective July 1, 2009 employees will contribute 12.5% of the combined premium for such coverage. Premiums paid by the employee for the PPO or HMO plans will be made through payroll deduction through an IRS section 125 plan. This Plan (PPO) includes the following:

i. In-Network Hospitalization with Maternity Rider and $200.00 per admission deductible for hospital admissions.

ii. In-Network $15.00 Home and Office Co-Pay with unlimited maximum.

iii. $25.00 emergency room co-payment (waived if admitted).

iv. $4.00 prescription drug rider.

v. Out-of-Network $200.00 individual/$500.00 family deductible and 80%-20% co-pay on the first $4,000.00 (individual) or $10,000.00 (family) of allowable charges, 100% of allowable expenses thereafter.

SECTION 2. In lieu of the above referenced Blue Cross Health Insurance Plan, all employees in the bargaining unit may enroll in designated health maintenance organizations (HMO’s). The Town shall contribute towards the combined premium of the selected HMO and the Blue Cross Full Service Basic Benefit Dental Plan only an amount that is equal to the Town’s combined contribution for the Blue Cross Century Preferred Plan and the Blue Cross Full Service Basic Benefit Dental Plan. Any and all additional costs for the HMO and dental plan shall be paid by the employee in the form of payroll deductions. The Town assumes no responsibility for the administration of the HMO plans nor for any aspect of its operation, including eligibility, cost, coverage, or delivery of health services.”

SECTION 3. Effective upon the issuance of the arbitration award for Case No. 2003-MBA-33, the Town agrees to provide and pay for a life insurance policy in the amount of $50,000 for all employees covered by this Agreement. Any employee who retires on or after July 1, 1987 shall be provided with a life insurance policy paid by the Town in the amount of $5,000 effective July 1, 1988.

SECTION 4. Effective July 1, 1974, retired employees shall receive Blue Cross 65 and Blue Shield 65, if eligible. Effective on the date of the arbitration award in Case No. 8990‑MBA‑120, the Town will contribute up to three thousand dollars ($3,000) per year toward the premium costs for such health insurance coverage as may be provided by the Town to active employees in the bargaining unit, for employees retiring on or after such date and their spouses. No such contribution shall be made if other insurance coverage is available or becomes available to the employee through another employer or through his/her spouse’s employer or through Medicaid/Medicare. Such contributions shall continue for life, so long as the employee demonstrates that no such other coverage is available to the employee.

SECTION 5. Accidental Death and Dismemberment (Off-Duty). This insurance, in addition to the life insurance plan, is payable if an employee suffers any of the losses listed below as a result of and within ninety (90) days from the date of an accident occurring while insured as provided by the insurance contract then in force. The Town shall pay the full premium for such coverage.

For loss of:Life	$30,000
Both hands, both feet, or sight of both eyes	$30,000
Any combination of foot, hand, or sight of one eye.	$30,000
One hand, one foot, or sight of one eye	$15,000

SECTION 6. Weekly Income Insurance. All employees shall be covered by the Town’s Weekly Income Insurance in the event the employee becomes totally disabled as a result of non‑occupational injury or sickness. Said employee shall receive a weekly disability of fifty ($50.00) dollars per week for a maximum of thirteen (13) weeks under the provisions of the insurance contract currently in effect. Effective upon implementation of this agreement the weekly amount shall be increased to $150.00.

SECTION 7. An employee who is covered under alternate health insurance through another employer (e.g. spouse) may elect in writing, on a form provided by the Town, to waive coverage under the Town’s health and dental insurance programs. Such employee shall receive a minimum amount of $500.00 or one‑quarter of the premium share paid by the Town for the Blue Cross PPO plan whichever is greater on or about December 1 of each year, and prorated as necessary based on the number of calendar months out of the preceding 12 months during which the Town was not required to pay any premiums for health/dental coverage for the employee or his/her dependents. Re‑entry into the Town’s insurance program shall be permitted on the first day of January, April, July or October.

SECTION 8. The Town may from time to time change the carriers for any of the foregoing insurance provided that the benefits shall be equivalent or better that those provided in the above referenced coverages.

ARTICLE 11 - SICK LEAVE PROGRAM

SECTION 1. Employees hired prior to April 1, 1996 shall accrue sick leave without limit. Employees hired on or after April 1, 1996 shall accrue sick leave to a maximum of 120 days. Employees may be entitled to use sick leave with full pay as has accrued to their credit pursuant to the following provisions.

SECTION 1A. Employees shall not be entitled to sick leave with pay prior to the satisfactory completion of his/her probationary period.

1 SECTION 1B. Accrual of sick leave

a. A new employee shall receive no sick leave credits until satisfactory completion of his probationary period, however, such employee shall accrue sick leave at the annual rate of ten (10) days to be credited upon satisfactory completion of his probationary period.

b. An employee with more than one year, but less than five years of continuous service, shall receive ten (10) sick leave days per year.

c. An employee with five (5) or more years of continuous service shall receive twelve (12) sick leave days per year.

d. An employee with ten (10) or more years of continuous service hired before the issuance of the award in SBMA case no. 2003-MBA-33 shall receive fifteen (15) sick leave days per year.

e. Sick leave shall be accrued on a monthly basis commencing with the employee’s anniversary date of employment.

SECTION 2. Sick leave shall be defined as time off the job because of:

1. Personal illness

2. Physical incapacity

3. Enforced quarantine

SECTION 3. Employees shall inform the Commanding Officer or Superior Officer on duty, whichever is appropriate, of their need to be absent at least one and one‑half hours prior to their regularly scheduled starting time the first day and each day thereafter when return to work is doubtful as a result of illness, injury or disease.

SECTION 4. Before any sick leave compensation is paid, the Town may request, and is entitled to receive from an employee who has been absent more than three (3) days in succession, a certificate signed by a competent physician or other medical attendant, certifying to the fact that the absence was in fact due to sickness and not otherwise. The Town also reserves the right to have an examination made at any reasonable time of any person claiming absence by reason of sickness; such examination may be made when the Town deems the same reasonably necessary to verify the sickness claimed and may be made on behalf of the Town by any competent person designated by the Town. This shall not preclude the Town from taking other appropriate action in cases where there is abuse of sick leave.

SECTION 5. There shall be maintained by the Enfield Police Department a record of each employee of all sick leave taken and accumulated.

SECTION 6. A. An employee hired prior to April 1, 1996, upon retirement, shall receive on the basis of his current wages, full compensation for any unused accumulative sick leave as severance pay, in accordance with Section 1 of this Article, not to exceed one hundred and twenty (120) days. B. An employee hired on or after April 1, 1996 shall receive on the basis of his current wages, full compensation for any unused accumulative sick leave as severance pay, in accordance with Section 1 of this article, not to exceed seventy five percent (75%) of his accrual, to a maximum of 75% of one hundred and twenty days (120) days.

SECTION 7. In the event of an employee’s death, his spouse and/or designated family member shall receive, on the basis of the employee’s current wages, full compensation for any of the employee’s sick leave accumulation, in accordance with Section 1 of this Article, not to exceed one hundred and twenty (120) days.

SECTION 8. Employees on authorized sick leave shall be considered sick from the time of notification through the effected day. Employees shall not work overtime or extra work for eight (8) hours commencing from the completion of their scheduled shift on which they called in sick.

SECTION 9. Employees shall provide a physician’s certificate to the Employer confirming nature and duration of illness or injury for any absence of three (3) days duration or longer upon request.

SECTION 10. Employees shall not be required to provide to the Employer a physician’s certificate for the first five (5) one (1) day absences in any fiscal year; however, thereafter, a physician’s certificate shall be required for any absence resulting from sickness or injury during such fiscal year upon request.

SECTION 11. Employees, may at their option, use vacation credits or holiday credits to extend sick leave.

SECTION 12. In the event that an employee has used his entire sick leave accumulation as a result of a non‑occupational, prolonged terminal illness requiring hospitalization, or because of a catastrophic illness or injury which has disabled him for more than thirty(30) calendar days, other employees may donate sick time to the employee and said sick time shall be deducted from the accumulation of the employee making the donation. The establishment of this sick leave bank is subject to approval by the Town Manager, and/or the Chief of Police. At some future time, the employee receiving this donated sick time, upon accumulation of sick time on his own shall compensate his donor by signing off said sick time to the donor, if donor so requests.

SECTION 13. The parties agree to add the attached Sick Leave Policy as Appendix D of this contract.

ARTICLE 12 - INJURY LEAVE

SECTION 1. Injury leave shall be defined as time off the job, as a result of a physical incapacity, caused by an accident, injury or occupational disease, arising out of and in the course of employment.

SECTION 2. An employee who sustains a work‑related accident and/or injury shall forthwith notify the Commanding Officer on duty who shall implement Worker’s Compensation Insurance Procedures for timely reporting to the Personnel Office.

SECTION 3. In the event that an employee covered by this Agreement is injured while at work, and as a consequence of said injury, receives Workers’ Compensation disability pay, said employee shall receive Workers’ Compensation and supplemental pay so that the employee shall be compensated at the rate of pay to which the employee would be entitled pursuant to Article 5 (Rates of Pay) prior to such injury or disease for a period not to exceed a total accumulation of two years for heart and hypertension claims and one (1) year for all others. At the end of this period such supplemental benefits shall cease. Sick leave benefits will no longer accrue after 30 calendar days on worker’s compensation (exclusive of heart and hypertension claims). The town shall assume the cost for the first three (3) days of the on-the-job injury or any recurrence thereof. The supplemental pay for part-time Animal Control Officers shall be based on the number of their regularly scheduled hours.

ARTICLE 13 - MILITARY LEAVE

SECTION 1. Military leave shall be granted, not to exceed thirty (30) days in any calendar year, to regular employees when required to serve on active duty with the military reserve or the national guard. During this period, if the employee’s daily basic military pay is less than his or her daily regular police pay, he or she shall be paid the difference by the Town. Prior to granting military leave, the Town of Enfield shall receive a written copy of the military leave requirements from the employee. Basic military pay rate will be construed as to include flight pay and incentive pay, but will not include meals and quarters allowances, or any other additional benefits relating to out‑of‑pocket expenses. Daily military pay shall be the pay defined above multiplied by the number of calendar days of military duty. Whenever an employee is granted a leave of absence for six (6) months or more, upon reinstatement to the Police service, he shall be entitled to and shall receive instructions and training to acquaint him or her fully with police procedures and methods followed by the department at the time of his or her reinstatement. Time on military leave shall be included in computing seniority earned in the police service.

ARTICLE 14 - BEREAVEMENT LEAVE

SECTION 1. Three (3) days special leave with pay shall be granted for death in the immediate family of an employee or the immediate family of his/her spouse. “Immediate family” for the purposes of this clause is defined as parents, grandparents, spouse, brother, sister, child or grandchild, step-relation, son-in-law, daughter-in-law, uncles, aunts, and also any relation domiciled in the employee’s household.

ARTICLE 15 - SENIORITY

SECTION 1. Seniority, which officers accumulate, is of two (2) types:

a. Total length of continuous time served with the department shall be known as Department Seniority and

b. Total length of time served within a job classification shall be known as Classification Seniority.

SECTION 2. Department seniority shall commence from the date the police officer entered into the service of the Enfield Police Department as a regular, full‑time member and thereafter maintains consecutive years of service. Consecutive years of service shall not be broken by vacation time, temporary layoff, sick time, or any approved leave of absence or suspension.

When more than one (1) officer is appointed to the department on the same date, the departmental seniority of such appointees shall be determined by their relative positions on the eligibility list.

SECTION 3. Classification seniority shall commence from the date of the appointment of an employee into a job classification. Consecutive years of service shall not be broken by vacation time, temporary layoff, sick time, any approved leave of absence, or suspension. Classifications shall consist of patrol officers, detectives, sergeants, and lieutenants.

SECTION 4. Seniority shall apply within each division. Seniority lists shall be by classification appointment. The member with the least seniority in classification shall be considered and placed at the bottom of the respective seniority list.

SECTION 5. In the event of a reduction in the number of police officers employed by the Town, layoffs shall be made in the inverse order of the department seniority of police officers, irrespective of the division to which they are assigned. In the event of a reduction of the number of Animal Control Officers, part-time employees shall be laid off first in the inverse order of seniority based upon their date of hire.

SECTION 5A. In the event of a reduction of manpower within divisions or classifications, and this reduction is not made voluntarily by the employee, said reduction shall be by seniority with the least senior employee in said division or classification being eliminated first, and so on down the line. Further if said employee is returned to the patrol division, said employee shall have the option of trading his classification or division seniority in for equal amount of patrol seniority, thereby returning to his patrol slot held prior to entering said division or classification. Once division or classification seniority is traded in, it is lost and cannot be regained unless the employee starts at the bottom of the seniority list in said division or classification.

SECTION 6. The established seniority list of the Enfield Police Department shall be brought up‑to‑date July 1 of each year, and a copy of this list shall be delivered to the Union ten (10) days prior to the effective date of this contract and annexed to this contract. Any objection to this list shall be made during this ten (10) day period to the Executive Board of the Union.

SECTION 7. In the event of any personnel action by the Chief of Police where seniority appears not to have been given consideration, the officer involved shall have the right to seek correction by way of the provisions outlined in the Grievance Procedure of this contract.

SECTION 8.

a. Transfers within divisions will be instituted by the Chief of Police or his designee according to the needs of the department. These transfers are not considered promotions and are on a voluntary basis. Consideration shall be given to the employee with the highest department seniority provided such employee is THE BEST qualified as demonstrated by his work record, ability to perform the job and specific need. JOB QUALIFICATIONS AND REQUIREMENTS SHALL BE POSTED IN ADVANCE.

b. Temporary transfers to maintain shift requirements within divisions shall continue to be filled by seniority. Senior men shall be given preference; in the event all senior men decline, the least senior man must comply. In the event the employer involuntarily changes an officer’s shift resulting in an officer working 16 hours during a 17 consecutive hour period over two consecutive days, the hours worked over 8 hours will be paid at time and one-half.

c. In determining temporary transfers to other divisions, candidates MUST MEET position classification requirements and requirements UNDER SECTION 8.a.

d. Any temporary transfers shall be on a voluntary basis. Such temporary transfer or temporary special assignment shall not involve any promotion or permanent job reclassification.

SECTION 9. Employees shall lose their seniority as a result of the following:

a. Voluntary termination

b. Discharge for just cause

c. Failure to return to work upon expiration of an approved leave of absence

d. Layoff for two (2) years or more

ARTICLE 16 - GRIEVANCE PROCEDURE

SECTION 1. Purpose. The purpose of this grievance procedure shall be to settle employee grievances on as low an administrative level as is possible and practicable so as to insure efficiency and employee morale.

SECTION 2. Definition. A grievance, for the purpose of this procedure, shall be considered to be a complaint of an aggrieved employee or a Union complaint concerned with:

a. Discharge, suspension or other disciplinary action

b. Matters relating to the interpretation and application of the Articles and Sections of this Agreement

c. Working conditions and safety standards

SECTION 3. Procedure:

a. Any aggrieved employee may use this grievance procedure with or without Union assistance. Should an aggrieved employee process a grievance through one or more of the steps provided herein prior to seeking Union aid, the Union may process the grievance in the next succeeding steps following that which the aggrieved employee utilized. No grievance settlement made as a result of an individually processed grievance shall contravene the provisions of this Agreement.

STEP ONE:

A grievance shall be filed by any employee who feels aggrieved within seven (7) calendar days of the occurrence or event giving rise to the grievance or, if the grievance is filed by a representative of an employee, within fourteen (14) calendar days of the occurrence or event giving rise to the grievance. All grievances shall be reduced to writing and submitted to the first level supervisor who is not a member of the bargaining unit. Said first level supervisor shall exercise whatever authority may be delegated to him or her to resolve the grievance, and shall render a written decision to the employee and his representative within seven (7) calendar days after receipt of the grievance.

STEP TWO:

If the aggrieved employee and his representative, if represented, are not satisfied with the decision rendered by said first level supervisor, the employee shall within fourteen (14) calendar days of the date of the answer at Step One, submit the grievance in writing to the Chief of Police or his designee who shall render a written decision to the employee and his representative, if represented, within fourteen (14) calendar days of receipt of the grievance.

STEP THREE:

If the employee and his representative, if represented, are not satisfied with the decision rendered be the Chief of Police or his designee, the employee may submit the grievance to the Town Manager or his designee, in writing, within fourteen (14) calendar days of the date of the answer at Step Two. The Town Manager, within twenty one (21) calendar days of receipt of the grievance, shall schedule a mutually agreeable date for the Step 3 hearing. Unless the parties mutually agree to extend the date for said hearing, said hearing shall occur within fourteen (14) days of receipt of the grievance. The Town Manager or his designee shall render a written decision to the employee and his representative, if represented, within fourteen (14) calendar days of the step three hearing.

STEP FOUR:

If the employee and his representative are not satisfied with the decision rendered, the grievance may be submitted at the request of the Union within twenty-one (21) calendar days to the Connecticut State Board of Mediation and Arbitration, and the decision rendered by the arbitrator(s) shall be final and binding upon both parties.

All arbitration hearings before the Board shall be closed to the public, including the press, unless the Town or employee shall request that it be an open hearing. All witnesses at arbitration hearings shall be sworn and give testimony under oath. Mechanical recording equipment or a stenographer will be used to record all testimony if requested by either party; and a copy of the testimony shall be given to all parties concerned, providing the party requesting recording or stenographic services pays the cost of same.

SECTION 4. Time Extensions: Time extensions beyond those stipulated in this grievance procedure may be arrived at by mutual agreement of the parties concerned.

SECTION 5. Police Union as a Complainant: The Police Union shall be entitled to submit grievances in the name of the Police Union in the same manner as is provided herein for employees.

SECTION 6. Representation: Employees and the Police Union shall have the right and choice of representation whenever representation is desired by either the employee or the Police Union. The cost of such representation shall be borne by either the employee or the Union.

SECTION 7. The fee of the Arbitrator and the administrative expenses of the arbitration, if any, shall be shared equally by the parties.

SECTION 8. Two (2) Union Officials shall be afforded time off without loss of pay during working hours when actively participating in any Step 4 mediation/arbitration proceeding provided approval has been granted by the Chief of Police.

SECTION 9. The arbitrator(s) shall have no authority to add to, subtract from, or otherwise modify the terms of this Agreement.

ARTICLE 17 - SUSPENSION AND DISCHARGE

SECTION 1. No employee covered by the Agreement shall receive a written reprimand, be suspended, demoted or discharged except for just cause.

SECTION 2. Any employee who has received a written reprimand or who has been suspended, demoted or discharged shall have the right to be represented by the Union and its representatives.

SECTION 3. Any employee shall be entitled to have all charges against him/her presented in writing.

SECTION 3A. When an employee is notified that he/she has become the subject of an internal affairs investigation, the Chief shall issue the employee a written statement of the allegations and the employee’s rights and responsibilities relative to the investigation.

SECTION 4. The Union shall have the right to question the propriety of any such disciplinary action or discharge through the grievance procedure herein outlined, including arbitration.

SECTION 5. Each employee shall upon reasonable request to the Chief, have the right to review his own personnel file at such time as will not interfere with the orderly operation of the department.

SECTION 6. Any employee who has been disciplined or discharged, and who is subsequently exonerated, shall be reinstated without prejudice or loss of seniority and compensated for any loss of wages covering the period of any suspension for which he had been exonerated.

SECTION 7. Probationary employees may be terminated any time during the probationary period and do not have recourse under the grievance and arbitration provisions of this Agreement.

ARTICLE 18 - UNIFORM ALLOWANCE

SECTION 1. The annual uniform allowance provided by Section 1A hereof shall be $650.00 effective July 1, 2005.

SECTION 1A. Each employee hired on or after the execution of this Agreement by both parties shall receive a complete new police uniform. Upon satisfactory completion of his probationary period, the employee shall receive a uniform allowance payment equal to the amount referred to in Section 1, multiplied by a fraction, the numerator of which shall be the number of months or fractions thereof, between the date he satisfactorily completed his probation, and the end of the fiscal year after such completion, and the denominator of which shall be twelve. Thereafter, said newly hired employees shall receive annually the amounts provided for herein.

SECTION 2. Police equipment and clothing shall be furnished by the Employer.

4 Long‑sleeve Shirts

4 Short‑sleeve Shirts

3 Pairs of Pants

1 Car Jacket

2 Ties

1 Belt

1 Winter Hat with Strap

1 Summer Hat with Strap

1 Pair Boots (pullover)

1 Raincoat

1 Blouse

1 Long‑sleeve Shirt (white)

1 Tie Bar

3 Belt Keeps

1 Name Plate

1 Handcuff Case

1 3‑Cell Flashlight

1 Set Handcuffs

1 Magazine Pouch

1 Holster

1 Badge (Breast)

1 Badge (Hat)

2 Collar Insignias

1 I.D. Card

1 PR-24

1 Semi-automatic

Batteries when necessary

Ammunition as necessary

1 Sam Brown Belt

2 Turtle Neck shirts

Body armor-If body armor is issued by the Department and accepted by the employee it must be worn while on duty and working outside jobs. If the employee accepts the body armor, the Town will provide up to an additional $750, exclusive of the clothing allowance, once every seven (7) years for replacement body armor.

SECTION 3. Upon resignation or dismissal from the Enfield Police Department, serviceable clothing and equipment purchased by the Department shall be returned to the Police Department.

SECTION 4. Effective upon the issuance of the arbitration award for Case No. 9192-MBA-343, a portion of the uniform allowance may be used for the purposes of professional cleaning of such uniforms per fiscal year based on years of service on anniversary date as follows:

Less than 5 years’ service: up to $100 from allowance

At least 5 years’ service but less than 10 years’ service up to $150 from allowance

10 or more years’ service up to $200 from allowance.

ARTICLE 19 - PROMOTIONS

SECTION 1. All promotions up to and including the rank of Lieutenant shall be by examination. The examination shall consist of written and oral tests and a service rating component as provided by Article 31 of this Agreement. The service rating of the promotional examination shall be an average score of the last three (3) service ratings. The employee shall successfully pass each component of the examination in order to proceed to the next component. The written and oral tests and the service rating shall be weighted equally in arriving at the final score for each employee. Seniority shall also be a factor. Employees shall take promotional examinations on a voluntary basis.

SECTION 2. An officer shall be eligible to take any promotional examination for Detective upon completion of three (3) years of service with the Enfield Police Department; an officer for rank of Sergeant, upon completion of five (5) years of service; a Sergeant for rank of Lieutenant upon completion of one (1) year of service as Sergeant; a Lieutenant for rank of Captain after one (l) year of service as Lieutenant.

SECTION 3. All promotions up to and including the rank of Captain shall be made from the ranks of the Enfield Police Department.

SECTION 4. The written portions of the promotional examinations shall be conducted by a recognized testing authority in the law enforcement field and be related to the State of Connecticut law enforcement functions. The Town shall post the passing grade of the written examination prior to its being administered. The oral portions of promotional examinations shall be conducted by the Town through the Personnel Office, and all scoring examiners involved in such oral examinations shall be ranking officers, sergeants or above, from other Police Departments. In lieu of the oral examination, the Department may utilize an assessment center which will have the same value as the oral board in the promotional process.

SECTION 5. Officers promoted to Detectives shall receive an additional $500 per year on the date of promotion and the balance of the next highest step in the Detective classification that will afford them an increase upon satisfactory completion of probationary period. Officers promoted to Sergeants shall receive Probationary Step upon promotion and proceed to Step l upon satisfactory completion of probationary period and then proceed yearly to the next step on the anniversary date of promotion. Sergeants promoted to Lieutenant shall receive Probationary Step upon promotion and proceed to Step 1 upon satisfactory completion of probationary period and then proceed yearly to the next step on the anniversary date of promotion.

SECTION 6. As used herein, the term “employee” shall not include animal control officers.

ARTICLE 20 - EXTRA WORK

SECTION 1. Any police officer may be assigned extra police work, of a police nature, by the Chief of Police or his designated agent, subject to the provisions of the following sections.

SECTION 2. The designated agent shall be any police officer unless otherwise agreed upon mutually by the Chief of Police and the Union Executive Board.

SECTION 3. Acceptance of extra police work shall be upon a voluntary basis.

SECTION 4. There shall be established two (2) extra police work rosters:

The first roster shall list all police officers available to work any time.

The second roster shall list all police officers who do not wish to work.

SECTION 5. Police Officers shall be assigned on a Sunday through Saturday basis. The duty roster shall be posted by 5:00 PM the Saturday prior to the scheduled work week.

a. In the event, after assignment, a Police Officer cannot work, the Employer or his agent shall make the necessary replacement in accordance with Section 4.

b. Police Officers shall be charged for each assignment worked and for each refusal. However, in the case of late assignment and scheduling not posted, no Police Officer shall be charged unless all refusals are also charged.

c. All assignments that are received during the scheduled period after the duty roster has been posted shall be made from the unscheduled Police Officers of the first roster and then in accordance with Section 4 by the Shift Commander.

SECTION 6. In the event there are six (6) or more officers assigned to the same job, scheduled for the same hours, one (1) of the officers shall be a superior whose duties shall include the supervision of the other officers assigned.

SECTION 7. Effective on the signing of this contract, payment shall be at time and one‑half (l l/2x) the Step 7 rate for Patrol Officers as indicated in Article 5 with a minimum of four (4) hours payment for each assignment. The above rate shall be increased to double time (2x) the patrol officer’s Step 7 rate of work performed on Saturdays, Sundays and holidays for work performed for private construction and/or utility companies, and an additional $l.50 per hour shall be added to the hourly rate to cover the cost for said workers compensation insurance and other administrative costs.

SECTION 7A. Effective upon issuance of the arbitration award for Case No. 9192-MBA-343, in the event an extra job is canceled with less than two (2) hours’ notification to the Department and the assigned employee, the employee scheduled for such extra job shall receive four (4) hours pay at the prescribed rate for the job. Jobs scheduled and billed directly to the Town and/or Enfield Board of Education shall be exempt from the provisions of this section.

SECTION 8. The Town of Enfield shall provide worker’s compensation insurance for all officers employed on extra police work.

SECTION 9. Payment shall be made to the Director of Finance of the Town of Enfield, who, in turn, shall make payment to the employee after deduction of the appropriate deductions.

ARTICLE 21 - GENERAL PROVISIONS

SECTION 1. Two (2) Union officials shall be allowed the required time without loss of pay to attend official Union conventions and State or National Conferences, not to exceed seven (7) days for one official and twelve (12) days for the other official. The Chief of Police shall be given notice five (5) days in advance of convention or conference.

SECTION 2. The Employer agrees that, upon the request of an employee covered by this Agreement, it will undertake the defense of that employee against any civil damage suit where the employee has acted within the scope of his employment.

SECTION 3. Three (3) members of the Union negotiating committee, with no alternates, shall be granted leave from duty, with full pay, for all meetings between the Town and the Union for the purpose of negotiating terms of the contract when such meetings take place at a time during which such members are scheduled to be on duty.

SECTION 4. Mileage Allowance. When private vehicles are used for official police business, there shall be a mileage allowance of twenty (20) cents per mile paid.

ARTICLE 22 - MANAGEMENT RIGHTS

SECTION 1. Except, where such rights, powers, and authority are specifically relinquished, abridged, or limited by the provisions of this agreement, and subject to the provisions of Connecticut General Statutes, sections 7-469 and 7-470, the employer has and will continue to retain, whether exercised or not, all the rights, powers, and authority heretofore had by it and except where such rights, power, and authority are specifically relinquished, abridged, or limited by the provisions of this agreement, it shall have the sole unquestioned right, responsibility and prerogative of management of the affairs of the Town and the direction of the working forces, included but not limited to the following:

a. To determine the care, maintenance and operation of the equipment and property used for and in behalf of the purposes of the Town.

b. To establish and continue policies, practices, and procedures for the conduct of Town business and, from time to time, to change or abolish such policies, practices and procedures.

c. To discontinue processes and operations.

d. To select and to determine the number and types of employees required to perform the Town’s operations.

e. To employ, assign, assist, transfer, promote, or demote employees, or to lay off, terminate, or otherwise relieve employees from duty for lack of work or other legitimate reasons when it shall be in the best interest of the Town or department.

f. To prescribe and enforce reasonable rules and regulations for the maintenance of discipline and for the performance of work in accordance with the requirements of the Town, provided such rules and regulations are made known in a reasonable manner to the employees affected by them.

g. To ensure the incidental duties connected with departmental operations, whether enumerated in job descriptions or not, shall be performed by employees.

h. To create job specifications, subject to the Union’s right to challenge the accuracy of new or revised job specifications or of the propriety of the assigned rate.

ARTICLE 23 - PRIOR PRACTICES

SECTION 1. Nothing in this Agreement shall be construed as abridging any written right, benefit, or privilege that employees have enjoyed heretofore unless it is specifically stated that said practice has been superseded by a provision of this Agreement.

ARTICLE 24 - POLICE PENSION PLAN

SECTION 1. The Police Pension Agreement, between the Town of Enfield and Prudential Financial, on file in the office of the Town Manager, is made a part of this Agreement with the following amendments:

a. The Plan shall be amended so as to provide retirement at age fifty (50) with twenty (20) years of service. Effective July 1, 2006 the plan shall be amended to provide for a retirement at age fifty (50) with twenty (20) years of service or any combination of age and years of service which equal 70 years (Rule of 70). An employee must have a minimum of twenty (20) years of service to retire under the Rule of 70. An employee who retires under the Rule of 70 before age 50 will not be eligible for any retiree health insurance benefits or payments under Article 10.4 of this contract until they reach age 50.

b. Effective December 31, 1976, the Pension Plan shall be amended to include a provision that each eligible employee shall have vested rights, deferred to a normal retirement age, after ten (10) years of service.

c. Effective July 1, 1995, the Normal Retirement Income for employees who retire on and after that date shall be equal to the sum of:

i. 52.5% of the participant’s final earnings

ii. 2% of the participant’s final earnings for each year of service accrued by the participant in excess of 20 years of service.

Notwithstanding the foregoing, the maximum benefit for any participant shall be eighty‑five percent (85%) of the participant’s final earnings.

d. Disability shall be defined as stated in Section 7.1 of the Plan as amended effective February 25, 1975.

e. Effective July 1, 1991, service‑connected disability benefits will continue at 52.5% until normal retirement date, at which time the participant’s retirement benefit shall consist of an amount equal to the disability benefit he or she was receiving prior thereto, or in an amount equal to his or her normal retirement benefit, whichever is greater.

f. Effective July 1, 1987 the Pension Plan shall be amended to include a pre‑retirement death benefit which provided for a death benefit to the Participant’s spouse equal to 75% of the employee’s accrued monthly pension at the time of death. Should the participant die before Normal Retirement Date. In the event of an employee’s death after Normal Retirement Date, but before actual retirement the 75% benefit will be increased to 100%. The spouse benefit will begin at the time the Participant would have been eligible had death not occurred.

g. Effective July 1, 1987 the Pension Plan shall be amended to increase the joint and survivor and years certain election by 50% of their difference to 100%. Tables contained in Plan Document.

SECTION 2. The Town and the Pension Carrier agree that they shall not change any benefits in the Police Pension Plan through the duration of the Agreement.

SECTION 3. Annually, in January of each year, the Town shall furnish each employee with a statement, in writing, setting forth the amount that the employee has contributed toward the Pension Plan, together with any interest thereon.

SECTION 4. The Union shall designate two (2) members to meet semi‑annually with the Director of Finance and the Director of Human Resources to review information relative to retirement and pension benefits.

SECTION 5. Employees who retire after the issuance of the arbitration award in SBMA Case No. 2003-MBA-33, who worked for the Town until age 55 or later, will receive a two percent (2%) cost of living allowance (COLA) added to their pension benefit commencing once they reach age 62, and a two percent (2%) COLA annually thereafter.

SECTION 5A. Employees who retire on or after September 1, 2006, who worked for the Town until age 55 or later and have 20 or more years of service but less than 25 years of service, will receive a two percent (2%) cost of living allowance (COLA) added to their pension benefit commencing once they reach age 60, and a two percent (2%) COLA annually thereafter. Employees who retire on or after September 1, 2006, who worked for the Town until age 55 or later and have 25 or more years of service, will receive a two and one-half percent (2 ½%) COLA added to their pension benefit commencing once they reach age 60, and a two and one-half percent (2 ½%) COLA annually thereafter.

SECTION 6. For pension benefit computation purposes only, for any employee covered under the Police Pension Plan who retires after June 30, 1992 and on or before June 30, 1993, the final salary used to compute his/her retirement benefit shall be the rate of pay such employee who have received on July 1, 1993 had he/she not retired. This provision is effective only if the rates of pay defined in Article 5 Section 1 remain frozen for fiscal year 1992-1993.

SECTION 7. Effective as soon as practical following the issuance of the arbitration award for Case No. 9192-MBA-343 and to the extent allowable by law, employee contributions toward the Police Pension Plan will be treated as Section 414(h) pre-tax contributions.

ARTICLE 25 - PERSONAL LEAVE

SECTION 1. The Town shall provide three (3) personal leave days in each fiscal year to each regularly employed and sworn officer of the department so long as each officer retains at least ten (10) unused sick leave days credited to him for use in case of actual prolonged illness.

ARTICLE 26 - EFFECTIVE DATE

SECTION 1. This Agreement shall be effective upon July 1, 2006.

ARTICLE 27 - SAVING CLAUSE

SECTION 1. Should any Article, Section or portion thereof of this Agreement be held unlawful and unenforceable by any court of competent jurisdiction, such decision of the court shall apply only to the specific Article, Section or portion thereof, directly specified in the decision. Upon the issuance of such a decision, the parties agree to immediately negotiate a substitute for the invalidated Article, Section or portion thereof.

ARTICLE 28 - DISCRIMINATION CLAUSE

SECTION 1. The Employer and the Union agree not to discriminate against individuals because of race, age, color, marital status, sexual orientation, creed, sex, religion, national origin, disability or union affiliation. As used in this Agreement, masculine or feminine pronouns shall include reference to either sex.

ARTICLE 29 - RESIDENCY

SECTION 1. Employees hired prior to July 1, 1980 shall not be subject to any restriction or requirement concerning residency as a term and condition of employment by virtue of any provision in this Agreement, including this Article, or by virtue of any charter provision or special act.

SECTION 2. Employees hired after July 1, 1980 shall, within twelve (12) months next following the date of their employment, reside in the Town of Enfield or within a radius of twenty‑five (25) miles outside of the boundaries of the Town of Enfield in any direction.

ARTICLE 30 - PHYSICAL EXAMINATIONS & PHYSICAL FITNESS

SECTION 1. Physical examinations will be required every three (3) years for all employees, commencing from the date of their last Town physical. The examination will be conducted by a physician selected by the Town except that an employee may elect to have the examination conducted by a licensed physician of his/her choice, provided said examination is conducted within the same calendar year, that the records of said examination are provided to the Town within one (1) month of the examination, and that the same tests that are administered by the Town physician are administered by the employee’s physician. In the event that the same tests are not administered by the employee’s physician the employee must have a physical performed by the physician selected by the Town. The cost of an examination by the Town’s physician shall be paid through Blue Cross and Blue Shield provided, however, that no employee shall have his benefits under Blue Cross or Blue Shield diminished as a result of the cost of said examination. In the event, and/or to the extent that Blue Cross and Blue Shield coverage does not extend to the cost of such examination, the Town shall pay the cost thereof. The cost of an examination by a physician selected by the employee shall be the responsibility of the employee, if not covered by insurance, and shall not be borne by the Town. If any physical problems are evident at the time of the employee’s physical, then yearly physical will be required until the problem is eliminated or controlled. Physical examinations will only be conducted if the Town implements the language in Article 30.2.

SECTION 2. All employees hired on or after July 1, 1982, must maintain a body composition such that body fat does not exceed 20 percent of net weight for males or 26 percent of net weight for females.

SECTION 3. A joint committee shall be formed by the Town and the Union to study the development and implementation of a Physical Fitness Program for the Police Department. Said committee shall consist of two (2) individuals appointed by the Town and two (2) individuals appointed by the Union. The committee shall meet at three‑month intervals until a program is implemented and, thereafter, twice each year to review the program for the duration of this contract. The Union members appointed to the committee shall attend these meetings without loss of pay or benefits when such meetings occur during regular working hours of the employee.

ARTICLE 31 - SERVICE RATING

SECTION 1. The Police Department shall perform a service rating of each bargaining unit member once a year. The service rating shall be performed by the employee’s immediate supervisor(s), and the Department shall endeavor to have more than one supervisor participate in the evaluation of each officer, where ever practical. Evaluations will be reviewed, amended, corrected, modified and/or approved by a supervisor of a higher rank than the supervisor(s) who performed the initial evaluation. An officer may appeal an evaluation to the next higher level in the chain of command above the evaluating supervisor(s), and can continue to appeal that decision up to two levels above the evaluating supervisor(s). Individual officers who receive a score to sixty (60) shall have the right to grieve that rating under Article 16. A score of sixty (60) percent or under shall comprise an unsatisfactory rating.

SECTION 1A. The evaluation document currently in effect will continue to be used unless the parties agree on another form.

SECTION 1B. Officers shall be given a copy of each service rating.

ARTICLE 32 - FSA AND CHET PLANS

SECTION 1. The Town’s flexible spending account and section 125 plan will be made available to the employees per the Agreement between the Town and the carrier. The monthly participant cost and annual fees, if any, for this plan will be borne by the employees opting to enroll in the account and plan. Enrollment is optional to all employees covered by this agreement.

SECTION 2. The Town will provide for payroll deduction of contributions to the Connecticut Higher Education Trust Fund for all employees who are residents of Connecticut.

ARTICLE 33 - JURY DUTY

SECTION 1. Employees shall receive jury duty leave consistent with the personnel rules in effect for the Town.

ARTICLE 34 - DEGREE INCENTIVE PROGRAM

SECTION 1. Effective 7-1-99 full time officers who have degrees in higher education from an accredited institution will be compensated annually as follows:

Associates Degree-$500.00

Bachelor’s Degree-$750.00

Masters/Law Degree-$1,000.00

SECTION 2. Degrees must be in criminal justice, law, business administration, or public administration.

SECTION 3. To receive this compensation, employees must notify the Chief of Police in writing in December, of their expected eligibility for this payment in the following July.

ARTICLE 35 - DRUG TESTING

SECTION 1. The parties agree to add the attached Drug Testing Program as Appendix E of this contract.

ARTICLE 36 - DURATION

SECTION 1. This Agreement shall remain in force and effect through June 30, 2010.

FOR THE TOWN OF ENFIELD: FOR AFSCME COUNCIL 15, LOCAL 798:

________________________ ____________________________

________________________ _____________________________

_____________________________

____________________ ___________________

DATE DATE

APPENDIX A

PATROL	1	2	3	4	5	6	7
CURRENT	22.54	23.17	23.81	24.28	24.94	25.45	27.72
7/1/2006	23.44	24.10	24.76	25.25	25.94	26.47	28.83
7/1/2007	24.14	24.82	25.51	26.01	26.72	27.26	29.69
7/1/2008	24.75	25.44	26.14	26.66	27.38	27.94	30.44
7/1/2009	25.24	25.95	26.67	27.19	27.93	28.50	31.04

DET	1	2	3	4	5	6
CURRENT	24.97	25.34	25.84	26.36	27.07	28.85
7/1/2006	25.97	26.36	26.88	27.42	28.16	30.00
7/1/2007	26.75	27.15	27.68	28.24	29.00	30.90
7/1/2008	27.42	27.83	28.37	28.94	29.73	31.68
7/1/2009	27.97	28.38	28.94	29.52	30.32	32.31

SGT	1	2	3	4	5
CURRENT	27.65	28.08	28.57	28.97	30.89
7/1/2006	28.76	29.20	29.71	30.13	32.12
7/1/2007	29.62	30.08	30.60	31.04	33.08
7/1/2008	30.36	30.83	31.37	31.81	33.91
7/1/2009	30.97	31.45	31.99	32.45	34.59

LT	1	2	3	4	5
CURRENT	30.78	31.38	31.90	32.21	34.44
7/1/2006	32.01	32.64	33.18	33.50	35.81
7/1/2007	32.98	33.62	34.17	34.50	36.89
7/1/2008	33.80	34.46	35.03	35.36	37.81
7/1/2009	34.48	35.15	35.73	36.07	38.57

FT ACO	1	2	3	4	5	6	7	8	9
CURRENT	18.50	19.07	19.63	20.23	20.81	21.45	22.09	22.75	24.62
7/1/2006	19.24	19.83	20.42	21.04	21.64	22.31	22.97	23.66	25.60
7/1/2007	19.82	20.42	21.03	21.67	22.29	22.98	23.66	24.37	26.37
7/1/2008	20.31	20.94	21.56	22.21	22.85	23.56	24.25	24.98	27.03
7/1/2009	20.72	21.35	21.99	22.66	23.30	24.03	24.74	25.48	27.57

PT ACO	1	2
CURRENT	11.15	12.32
7/1/2006	11.60	12.81
7/1/2007	11.94	13.19
7/1/2008	12.24	13.52
7/1/2009	12.49	13.79

APPENDIX B

ADDENDUM PERTAINING TO PART TIME ANIMAL CONTROL OFFICERS

Except as otherwise provided below, the provisions of the collective bargaining agreement between the Town of Enfield and Local #798, Connecticut Council of Police Unions #15, AFSCME, AFL-CIO to which this Addendum is attached, shall not apply to the position of Part Time Animal Control Officer

ARTICLE 1........RECOGNITION

ARTICLE 2........UNION SECURITY

ARTICLE 3........DUES CHECK OFF

ARTICLE 4........HOURS OF WORK

ARTICLE 6........OVERTIME

ARTICLE 7........CALL TIME

ARTICLE 12.......INJURY LEAVE

ARTICLE 15.......SENIORITY

ARTICLE 16.......GRIEVANCE PROCEDURE

ARTICLE 17.......SUSPENSION & DISCHARGE

ARTICLE 21.......GENERAL PROVISIONS

ARTICLE 22.......MANAGEMENT RIGHTS

ARTICLE 23.......PRIOR PRACTICE

ARTICLE 28.......DISCRIMINATION CLAUSE

ARTICLE 29.......RESIDENCY

ARTICLE 31.......SERVICE RATING

In addition to the above provisions, the Part Time Animal Control Officer shall serve a twelve (12) month probationary period upon initial appointment.

APPENDIX C

MEMORANDUM OF UNDERSTANDING

It is understood and agreed between the parties that when a patrol officer is promoted to sergeant or when a sergeant is promoted to lieutenant, that employee will be paid at the step in the higher classification that is the next greater step in value than the previous step the employee was on in the lower classification. An employee who has been promoted will not be paid at a rate of pay in the higher classification that is less than the rate of pay that the employee was paid in the lower classification.

FOR THE TOWN OF ENFIELD FOR AFSCME LOCAL 798

________________________ _____________________

DATE DATE

________________ _________________

APPENDIX D

SICK LEAVE POLICY

The purpose of this policy is to provide guidance to employees and supervisors as to the employer’s expectations of employees as to what is acceptable with respect to the utilization of sick leave.

Sick leave is not to be used to extend vacations or to be treated as a personal day or day off. Regular doctor’s office visits for physical examinations, dental appointments, eye exams, etc. are not proper uses of sick leave, unless specifically agreed to by contract. Regular doctor’s office visits for physical examinations and dental appointments may be properly charged to personal leave or vacation leave. Medical examinations for treatment of an ongoing illness or condition may be charged to sick leave.

The Town bears a great expense when an employee is absent from work. In some instances, the Town not only loses the employee’s contribution for that day, but also incurs the cost of replacing that employee on an overtime basis. It is expected that employees will need to use sick leave at some point during their careers with the Town, but it must be stressed that their attendance is critical to the proper functioning of government and the delivery of services to the residents of Enfield.

In order to ensure the proper delivery of services and to curtail the excessive use of sick leave the Town adopts the following policy.

1. The Town reserves the right to investigate any use of sick leave for which a supervisor determines that there might be an abuse of sick leave. An abuse of sick leave is the use of sick leave for any purpose other than that which is allowed above or by contract. An abuse of sick leave will result in disciplinary action regardless of whether or not the employee has received a notice of sick leave usage, as described below.

2. In addition to reserving the right to investigate specific utilizations of sick leave for abuse the Town re-affirms its neutral policy of any absences beyond eight (8) occurrences of sick leave in a year is considered excessive and will be addressed as follows.

a. Each employee’s attendance will be reviewed in January of each year for the previous calendar year. If an employee has had more than eight occasions of sick leave in the previous calendar year, the employee’s department head will be so notified by the Human Resources Department. An occasion can be part of one day (more than four hours), one day or the use of sick leave for multiple days as long as they are consecutive and not interrupted by a return to work or use of another form of leave or leave without pay. In the event that an employee uses less than four hours of sick leave during a work day it will be counted as one-half of an occasion as long as it is not used in conjunction with sick leave on the preceding or following day. The department head or his/her designee will meet with the employee and discuss the excessive amount of sick leave. In the absence of extraordinary circumstances, the department head will issue the employee a notice of sick leave usage which will state that the employee’s use of sick leave will be monitored for the next six (6) months. In the event that the employee has more than three (3) occurrences during the six (6) month period of time that the employee is being monitored the employee will be subject to disciplinary action, which shall include as a minimum a one (1) day suspension without pay. Prior to the issuance of a suspension letter the department head or his/her designee will meet with the employee to again discuss the excessive absences. If the employee’s attendance fails to improve over the next six (6) month period using the above standard, additional disciplinary action, up to and including, the termination of employment may be imposed. Again, this notice will be issued to the department head for issuance to the employee.

b. Extraordinary circumstances for which a department head or his/her designee may determine that a sick leave usage or disciplinary action notice will not issue include: *the need for an employee to attend repeat therapy sessions for the same injury,

*a re-occurring serious illness,

*a need for ongoing medical treatment for an illness,

* or other reasons which in the department head’s judgment, justify excusing the employee from their regular duties during work hours for treatment.

APPENDIX E

TOWN SUBMITTED DRAFT 7-28-06

SUBSTANCE ABUSE TESTING POLICY

1. The purposes of this policy are as follows:

To establish and maintain a safe, healthy working environment for all sworn employees and to protect the public;
To insure the reputation of the Town of Enfield Police Department and its police officers as good, responsible citizens worthy of the public trust;
To reduce the incidents of accidental injury to person or property;
To reduce absenteeism, tardiness and indifferent job performance; and
To provide assistance toward rehabilitation for any employee who seeks help in overcoming any addiction to, dependence upon, or problem with alcohol or drugs.

2. Definitions

Alcohol or alcoholic beverage-means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohol, including methyl and isopropyl alcohol.
Drug - means any substance (other than alcohol) capable of altering the mood, perception, pain level or judgment of the individual consuming it.
Prescribed drug-means any substance prescribed for the individual consuming it by a licensed medical practitioner.
Illegal drug - means any drug or controlled substance, the sale, possession or consumption of which is illegal.
Supervisor-means any officer with the rank of Sergeant or above who is the employee's immediate supervisor or a supervisor in the employee's chain of command, or the Chief of Police or his designee.
Abuse of a legally prescribed drug- means use of a prescribed drug to the employee when a valid prescription is not in effect or the use of the drug in greater quantity/amount than that which was prescribed.

3. Basis for testing

A. Random drug testing-the Chief of Police shall determine the number of employees to be tested on an annual basis. Not more than 25% of employees shall be randomly selected per test. An independent testing agency shall select employees to be tested by a computer generated process not more than four times per year.

B. Reasonable suspicion testing - an employee may be required to undergo testing based on "reasonable suspicion". Reasonable suspicion shall mean when objective facts and observations are brought to the attention of a supervisor, based on the reliability and weight of such information, such that the supervisor can reasonably infer that, or suspect that, the employee is using illegal drugs, is abusing prescribed drugs, or is reporting for duty (or on duty) under the influence of alcohol or drugs. Reasonable suspicion must be supported by specific facts which may include, but are not limited to: the appearance, speech, behavior, body odors, of the employee; reports and observations of the employee's drug related activities, such as purchase, sale or possession of illegal drugs; knowingly associating with known illegal drug dealers or users (exception for immediate family members); observation of the employee at known illegal drug or suspected illegal drug related locations; an otherwise unexplained change in the employee's behavior or work performance; an observed impairment of the employee's ability to perform his or her duties.

If the employee is ordered to undergo a reasonable suspicion drug and/or alcohol test he shall be given a brief verbal statement of the basis for the reasonable suspicion. A verbal directive to submit to such test shall be confirmed in writing, but the testing shall not be delayed pending the issuance of the written directive.

4. Testing procedures - Testing shall be performed by a licensed laboratory. Testing will be done with due regard for chain of custody and for the employee's right to privacy, subject to standard testing protocols to insure a valid sample. An employee shall have the right and shall not be denied the right to Union representation provided that it does not unreasonably delay the testing during any part of these testing procedures.

Testing for alcohol shall be by breathalyzer and/or intoxilyzer. If positive, there shall be a re-confirming test after fifteen minutes. The Town reserves the right to only test for alcohol by urine testing instead of breathalyzer and /or intoxilyzer. Testing for drugs shall be by urine testing.

For urine testing, the sample will be split into two parts. An employee whose drug test results in a positive report may, within forty eight hours of receiving notification of such result, submit in writing to the Chief of Police that the second part of the sample be made available for re-testing at a licensed laboratory of the employee's choosing. The second part of that sample shall be transferred to that laboratory in such a manner as to insure the proper chain of custody. The second test performed at the employees' request, shall be at the employee's expense. If the second test is negative, the positive test shall be null and void and the Town shall reimburse the employee for the cost of the second test and any loss of pay due to suspension.

5. Interference with or refusal to submit to testing - any alteration, switching, substituting or tampering with a sample or test given under this policy by any employee shall be grounds for immediate suspension and subsequent disciplinary action which may include discharge. The refusal by an employee to submit to a drug or alcohol screening test pursuant to the provisions of this policy, or to cooperate in providing information to the testing agency needed in connection with the testing, shall result in the employee's immediate suspension without pay and subsequent disciplinary action which may include discharge.

6. Rehabilitation - the opportunity for rehabilitation (exempting an employee from the disciplinary action found in section 7 below) shall be granted once for any employee who:

voluntarily admits to alcohol or drug abuse prior to testing, or
tests positive for alcohol or abuse of legally prescribed drugs for the first time.

The employee shall use accumulated sick or vacation leave for the period of any absence for the purpose of rehabilitation. All treatment will be at the sole expense of the employee, to the extent that it is not covered by the employee's health insurance. As part of any rehabilitation program, the employee may be required to undergo periodic screening for drugs and/or alcohol for a period of 36 months (up to 48 months if recommended by the Substance Abuse Professional) after his return to duty. The frequency of this testing will be at the discretion of the Chief of Police. This testing is in addition to random testing which the employee will continue to be subject to. If after screening, the employee tests positive, he will immediately be suspended without pay and will be subject to disciplinary action, up to and including, the termination of employment.

Nothing in this policy shall preclude disciplinary action against an employee who is under criminal investigation for drug/alcohol related misconduct.

7. Consequences of a positive test - the consequence of a positive test shall be as follows:

A. For use of an illegal drug - discharge.

B. For use of a drug prescribed to someone other than the employee-30 day suspension, up to termination.

C. For abuse of a legally prescribed drug to the employee - first offense, 1-15 day suspension. Subsequent offense, 60 day suspension, up to discharge.

D. For alcohol (at the level of .04 or greater) - first offense, 1-15 day suspension. Subsequent offense, 60 day suspension, up to discharge.

8. The drug testing thresholds are attached and are subject to change if recommended by the vendor.