Lawrence Superior's Officers 04.03.2012

Superior Officers
File No. 3807
Lawrence Police Superior Officers Association
Memorandum of Agreement
Duration: July 1, 2007 - June 30, 2010
Special Side Letter

Dated: February 18,2005
Contract!Agreement
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Settlement Agreement
Between
And
City of Lawrence
September 29, 2008
The Lawrence Police Superior Officers Association (Association) and the City of
Lawrence (City) hereby agree to the following terms and conditions of settlement of a
collective bargaining agreement to succeed the agreement expiring on June 30, 2007.
This settlement shall extend the terms and conditions of such collective bargaining
agreement except as modified herein, and shall become effective, except as otherwise
indicated herein, upon the date of its ratification by the membership of the Association.
1.
Duration
ARTICLE XXI, shall be amended to read:

The duration ofthis contract shall be from July 1, 2007
to June 30, 2010. Either party wishing to terminate, .
amend, or modify this agreement mnst so notify the
other party in writing no more than one hundred and
fIfty (150) days nor less than one huudred and twenty
(120) days prior to the expiration date..Within five (5)
days of the receipt of such notification (by either party)
a conference shall be held between both the City's and
the Association's negotiating committees, forthe
purpose of discussing such amendment, modification or
termination. If no agreement is reached by June 30,
2010.then the terms ofthis Agreement shall continue in
effect during negotiations thereafter, and any successor
Agreement will be retroactive to July 1, 2010.
2.
Compensation
ARTICLE XIII, Compensation shall be amended: .

(a) At Section la, Wages, by deleting the existing
dates/increases and substituting the following:
January 1,2008 one and one half (1.5%) percent.
June 30, 2008
one and one half (1.5%) percent.
January 1,2009 one and one half (1.5%) percent.

J Illne 30, 2009
January 1,2010
three and one half (3.5%) percent.
(b) At Section I b, Wages, by deleting the existing schedule

and substituting:
1.
Yearly
Weekly
Sergeant
53,655.91
1,031.84
Lieutenant
62,777.53
1,207.26
Captain
73,449.11
1,412.48
2.
June 30, 2008

Yearly
Weekly
Sergeant
54,460.75
1,047.32
Lieutenant
63,719.20
1,225.37
Captain
74,550.85
1,433.67
3.
January 1, 2008
January 1, 2009
Yearly
Weekly
Sergeant
55,277.66
1,063.03
Lieutenant
64,674.99
1,243.75
Captain
75,669.11
1,455.17
4.
. June 30, 2009
Yearly
Weekly
Sergeant
56,106.82
1,078.98
Lieutenant
65,645.11
1,262.40
Captain
76,804.15
1,477.00
5.
January 1, 2010
Yearly
Weekly
Sergeant
58,070.56
1,116.74
Lieutenant
67,942.69
1,306.59
Captain
79,492.30
1,528.70
(c) Add a new Section 11, Taser Stipend, to read:
The City agrees to pay each Superior Officer in

the bargaining unit a lump sum stipend of eighthundred and fifty dollars ($850.00) for training
and certification in the use of Taser equipment.
The parties agree that the Department shall
nndertake training as soon as possible but in any
event such training and certification for Superior
Officers shall be completed within forty-five (45)
days after this agreement becomes effective.
3.
Critical Incidents
By adding new ARTICLE XXII to read:
No Superior Officer covered by this agreement IlDd

directly involved as a participant in a critical incident
shall be ordered to submit to an interview or generate
any report following the occurrence of a critical
incident until forty-eight (48) hours have elapsed and no
Superior Officer shall be ordered or required to
respond to questions or inquiries during the forty-eight
(48) hour decompression period. Notwithstanding the
preceding sentence, the participant officer shall consult
with an L.P.S.OA designated steward whose role will be
to transmit information to the City to enable it to

ascertain what has occurred and to take such action as
it may deem necessary. For purposes ofthis article, the
terms "critical incident" shall mean anyon-duty
incident involving death or serious bodily injury to a
police officer or civilian or any other incident involving
discharge of a firearm. "Directly involved as a
participant" shall mean any Superior Officer
responsible for (1) inflicting the force, or discharging a
weapon, that caused the death or serious bodily injury
to a civilian or police officer, or (2) the discharge of his
or her firearm.
4.
Personnel Records
By adding a new article XXIII to read:
Superior Officer's personnel files shall be maintained

Under the following circumstances:
(a.)
No material derogatory to a Superior

Officer's condnct, service, character, or
personality shall be placed in the files
unless the Superior Officer has had an
opportunity to read the material. The
Superior Officer shall acknowledge that he
or she has read such material by affixing
his or her signature on the actual copy to
be filed, with the understanding that such
signature merely signifies that he or she
has read the material to be filed. Such
signature does not necessarily indicate
agreement with its content.
(b.)
The Superior Officer shall have the right

to answer any material filed and his or her
answer shall be reviewed by the Personnel
Manager and attached to the file copy.
(c.)
Upon request by the Superior Officer, the

Superior Officer shall be given access to
his or her file without delay.
(d.)
Upon receipt of a written request, the

Superior Officer shall be furnished a
reproduction of any material in his file.
5.
Paid Details.
By amending ARTICLE XV to read:
(a.)
Effective July 1, 2009, the hourly detail

rate for Superior Officers shall increase to
$40.50 during tllli week and to $45.50 on
weekends. For the purpose of this
section, weekends shall be defined as the time
period between 5:00 p.m. on Friday and
11:59 p.m. ou Sunday.
(b.)
Effective July 1, 2009, the hourly detail rate for

Superior Officers shall increase to $50.00 on
holidays.
(c.)
Effective July 1, 2009, any Superior Officer shall

receive $15.00 per hour in addition to the detail
rate provided above for any detail in which he or
she is in charge. (See Article XV, Section Id.)
(d.)
When three officers are assigned to a private

detail, the third officer must be a Superior
Officer, who will be in charge.
6.
Daly Award
Settlement of Litigation
The L.P.S.O.A. and the City agree that with respect to
the matter known as the Daly' Decision (American
Arbitration Association Case No. 11390-01883-05) the
City has offered to pay to Superior Officers, and the
Superior Officer's Association has accepted, the same
benefit on the same terms and conditions (Gr. Base Pay
Differential on a prospective basis) outlined in the
agreement between the L.P.A. and the City.
7.
(-
TraiI!in~
ARTICLE VI, shall be ani.ended at Section 4 to read:
The Department will schedule at least three (3) dates,

per fiscal year, in which to conduct a Lawrence Police
Department in-service training. The purpose of the
training will be to update Superior Officers on rules,

regulations, and policy changes specific to the Lawrence
Police Department. All Superior Officers are required
to attend one training day per fiscal year.
8.
Sick Time
ARTICLE XII, Sick Leave shall be amended:

(a)
Effective July 1,2008 the three-hundred (300) day cap

defined under Section 3a. is expanded to fourhundred (400) days for as many as two (2) Superior
Officers, per fiscal year. To qualifY for the
expanded benefit, a Superior Officer must declare his
or her intent to retire by March 1sl of the previous fiscal
year. If more than two (2) Superior
Officers declare their intent to take advantage of the
expanded benefit only the two (2) most senior Superior
Officers will qualifY (for the purposes ofthis provision
seniority wiII be defined by a Superior Officer's
permanent appointment date to the rank of Patrolman
and in the event of a tie the earlier date of birth shall
prevail). A Superior Officer who declares his or her
intent to retire under this provision (Section 3b.) and
later withdraws his or her application for retirement is
specifically prohibited from re-applying, unless in a
subsequent year two (2) Superior Officers fail to
apply. The foregoing sentence shall not apply to a
Superior Officer who withdraws his application for
retirement only because two more senior Superior
Officers qualified for this expanded benefit in the same
year, thereby rendering other Superior Officers
ineligible for the expanded benefit. If a Superior
Officer, who otherwise would have qualified, dies or is
forced to retire due to an injury suffered in the line of
duty, he or she (or his or her heirs) wiII qualifY for the
expanded benefit.
II
(b)
By designating the existing language as Section 3(a) and

adding a new Section 3b. to read:
By adding a new Section 3c. to read:

Effective July 1, 2008, each Superior Officer who does.
not use a sick day during a rolling six (6) month period
shall be awarded either one (1) compensatory day on
following month or one (1) day of pay at the Superior

Officer's option. All Snperior Officers who qualify
under this provision shaH notify the payroll clerk of
their application for the compensatory day or for pay in
lieu thereof within sixty (60) days of qualification.
(c)
By adding a new Section 8 to read:
Any Superior Officer whom is absent for five (5) or

more consecutive working days may be required by the
City to snbmit satisfactory proof of illness prior to
receiving sick pay. If a Snperior Officer remains out of
work on sick leave for greater than thirty (30)
consecntive working days, the Chief reserves the right
to receive an updated doctor's certificate at his or her
discretion. If a pattern of sick leave abuse exists, of
which tbe Superior Officer has been warned, the City
may take appropriate disciplinary action following an
investigation by the Chief or his or her designee.
(d)
Any Superior Officer who has taken sick leave cannot

accept voluntary overtime or a paid detail for at least
fifteen and one half (15.5) hours after their missed shift
9.
Weliness
At ARTICLE XN, add a new Section 4. to read:
Effective July 1,2008, Superior Officer's may (at the

discretion of their supervisor), choose to utilize the inhouse Fitness Center, for a period ofthirty (30)
minutes, in lieu of a lunch or dinner break.
This agreement is tentative and subject to ratification by the members of the bargaining
unit represented by the Lawrence Police Superior Officer's Association.
For the Association
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By:
Michae}:f. \iSulIivan
Mayor, City of Lawrence
Scij('I. McNamara
L.P.S.O.A. President
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Between
And
City of Lawrence
September 29, 2008
Lawrence (City) hereby agree to the following tenus and conditions of settlement of a
collective bargaining agreement to succeed the agreement expiring onJune 30, 2006,
This settlement shall extend the tenns and conditions of such collective bargaining
1.
Duration
The duration of this contract shall be from July 1,2006

to June 30, 2007.
2.
Compensation
ARTICLE XIII, Compensation shall be amended:

(a) At Section 1a, Wages, by deleting the existing
June 30, 2007
(b) At Section 1b, Wages, by deleting the existing schedule

and substituting:
'1
(c) At Section ld., by adding the following language:

Section 1d. Step Increases.
Effective july 1, 2006 each Superior Officer who
qualifies based on years of service for the City of
Lawrence shall receive an additional base wage
increase in the following amoll.nts:
At 30 years of service
for a total of2.5%.
= .5% base wage increase
(d) At Section 2., Longevity, by amending the schedule

effective July!, 2006 at the last two categories to read:
Years of Service
% of Salary Schedule
25-29
30 or more
9.00%
9.50%
( e) At Section 5c. by amending to read:
3.
Vacations
Breakfast
$6.00
Lunch
$10.00
Dinner
$15.00
ARTICLE VIII, Vacations shall be amended:

(a) By amending Section 1 to read:
Effective July 1, 2006, and in accordance with City of
Lawrence Ordinance 2-106, vacations with pay shall be
granted annually to Superior Officers based on length
of service as follows:
lthrough 5 years continuous service

5 through 10 years continuous service
=10 working days.

=15 working days.
10 through 15 years of continuous service =20 working days.

15 through 20 years of coutinuous service =25 working days.
20 through 21 years of continuous service =28 working days.
21 through 22 years of contiuuous service =29 working days.
=30 working days.
22 or more years of continuous service
(b) Amend Section 2, to read as follows:
Sectioll2. Schedulillg of Va clition time and other time off.

1I.
Vacation periods shall be selected withill the Division or

Platooll in order of rank, and within rank, in order of
seniority based upon the date of appointment to
the rank. If two Superior Officers were appointed on
the same date, then the order of the next lower rank,
etc. shall control, and if identical, the Superior Officer
with the earlier date of birth shall have prior selectioll.
All vacation weeks must be selected by seniority by
March 31 in any year, and after that date, will be
selected in accordance with section 2b.
(
b.
With respect to individual days off (not vacation weeks

as defined under section 2a.) whether or not scheduled
prior to March 31st of the year, a sixty (60) day
bumping rule shall apply. Outside of the sixty (60) day
period a senior Superior Officer (as defined under
section 2a.) may bump a junior Superior Officer from a
scheduled day off. Within the sixty (60) day period there
shall be no bumping rights. For the purposes of this
section individual days off is meant to refer to either
vacation days, compensatory days, or personal days.
(c) Amend Section 6, by adding a new Section 6d. to read:
Any Superior Officer intending to sell back one (1)

week of vacation shall inform the payroll clerk in
writing by May 1 st.
4.
Clothing Allowance ARTICLE X, shall be amended by modifying the first (181)

sentence of the paragraph as follows:
.'
Effective July 1, 2006, a clothing and cleaning allowance
of twelve hundred dollars ($1,200.00) for the IlScal year
shall be given to all members ofthe Lawrence Police
Superior Officer's Association who may be required to
wear uniforms on duty.
5. Litigation Reimbursement ARTICLE XIX, shall be amended to read:

Effective July 1, 20()6, the City will reimburse the
Association annually fifty (50%) percent for the
premium paid to provide outside legal services to
defend a Superior Officer against third-party litigation
arising out of his or her employment by the City itself.
A Superior Officer shall be free to choose his or her
own attorney, provided however, this provision shall be
considered as complete performance by the City of any
legal or moral obligation to indemnify the cost of
lawyer's fees in defense ofthird-party claims.
This agreement is tentative and subject to ratification by the members of the bargainiug unit
represented by the Lawrence Police Superior Officer's Association.
For the City of Lawrence
For the Association
By:.
By:
!att1)c~~
L.P.S.O.A. President
Witnessed By:
dmes
G:;r-
City Attorney
_ _ _ _ _ _ _ _-.1_
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COLLECTIVE BARGAINING AGREEMENT
between the
CITY OF LAWRENCE
and the
(
THE LAWRENCE POLICE SUPERIOR OFFICER'S

ASSOCIATION
July 1,2002 - June 30, 2006
Table of Contents
Article I
Recognition and Union Security
page 4
Article II
Management Rights
pageS
Article III
Retention of Civil Service Rights
page 6
Article IV
Duties
page 6
Article V
Hours of Work
page 6
Article VI
Overtime Pay
page 8
Court Time
page 9
Article VIII
Vacation
page 10
Article IX
Holidays
page 12
Article X
Clothing and Cleaning Allowance
page 14
Article XI
Residence
page 14
Article XII
Types of Leave
page 14
Article XIII
Compensation
page 16
Article XIV
Group Health Insurance
page 21
Article XV
Outside Details
Article XVI
Grievance Procedure
Article VII
..
. page 22
page 23
Article XVII
Miscellaneous
page 24
Article XVIII Staffing
page 24
Article XIX
Litigation Insurance Reimbursement
page2S
Drug Testing Policy
page2S
Duration
page 29
. Article XX
Article XXI
,\
PREAMBLE
Pursuant to Chapter 1078 of the Acts of 1973, the City of Lawrence ("the City")
and the Lawrence Police Superior Officer's Association, an independent Union, both
intending to maintain a harmonious relationship between them recognizing the legitimate
rights and needs of the employees of the Police Department, as well as the obligation of
the City to protect the safety of the public, hereby agree as follows:
ARTICLE I
Recognition and Union Security
Section 1. Recognition.
The City recognizes the Lawrence Police Superior Officer's Association as the sole and
exclusive bargaining agent for all the City's Captains, Lieutenants, and Sergeants.
Section 2. Union i\ctivity Protected.

The City agrees not to discharge or discriminate in any way against any employee
coveredby this agreement because of Union membership or activities.
Section 3. Time Off for Union Business.

a.
One hundred (100) tours of duty per fiscal year will be established as a
bank for time off for Union business conducted during off-duty hours,
effective July 1, 1987. The minimum draw for any function shall be one
(1) tour.
b.
Five (5) elected Union officials will be eligible to draw against the bank:
1.
2.
3.
President
Secretary Treasurer
Three (3) Stewards
c.
"Union Business" is defmed as grievance investigations, contract

negotiations, grievance meetings, arbitration hearings, labor board
hearings, preparation for contract negotiations, and civil service hearings
as a witness, including disciplinary cases.
d.
In order to be eligible to draw against the bank, an eligible Union Official

must give reasonable notice to the Chief or hislher designee ofhislher
intent to devote an off duty tour to one of the functions listed in the
preceding paragraph. The Chief or hislher designee will keep track of the
draw by logging the tour as a charge against the bank and by crediting the
employee with a compensatory tour. Such tours shall not be compensated
but may be used by the employee at, on reasonable notice to the Chief or
hislher designee, so long as a replacement is not required on an overtime
basis. Tours not used by the end of the fiscal year may be carried over for
not more than six (6) months.
e.
This Section 3 shall neither enlarge nor diminish the obligation of the City
to grant compensatory time for time accrued prior to the ratification date
of this agreement.
Section 4. No Individual Agreements.
The employer agrees that it will not enter into any individual or collective agreement with
any employee covered by this Agreement.
Section 5. Titles.
When the following titles appear and are used in this agreement, they shall mean:
a.
City - City of Lawrence.
b.
Mayor - Mayor of the City of Lawrence.
c.
Chief - Chief of Police of the City of Lawrence.
d.
Officers - Captains, Lieutenants, Sergeants.
e.
Union - Lawrence Police Superior Officer's Association.
f.
Association - Lawrence Police Superior Officer's Association.
g.
Agreement - Collective Bargaining Agreement.
ARTICLE II
Management Rights
Section 1.
This Agreement has not been designed to violate any Federal or State laws, nor shall
anything in the Agreement be interpreted as diminishing the rights of the City to
determine and prescribe the methods and means by which its operation of the Police
Department shall be conducted, inchiding the right to issue from time to time reasonable
rules and regulations, except as may be provided by this Agreement.
Section 2.
All job benefits heretofore enjoyed by the employees will continue under the conditions
upon which they had previously been granted. This Agreement shall not be construed to
deprive employees of any benefits or protections granted by the laws of the
Commonwealth of Massachusetts.
Section 3.
There shall be no strikes during the life of this agreement.
ARTICLE III
Retention of Civil Service Rights
The members of the Police Department covered by this agreement shall continue to enjoy
their Civil Service rights as provided in Chapter 31 of the Massachusetts General Laws.
ARTICLE IV
Duties
The duties of the Officers of the Lawrence Police Department shall consist of protection
of persons and property, prevention of crime, apprehension and prosecution of criminals,
traffic control, and to follow all orders pertaining to work performed by Officers and
Officers of higher rank. However, Officers shall not be assigned to non-police duties such
as cleaning, sweeping, snow removal, washing cruisers and other maintenance work,
unless the Officer and Union agree, except in case of an emergency which may only be
called by the following persons in this order: Mayor or Chief.
ARTICLE V
Hours of Work
Section 1.
The Lawrence Police Department and the City have adopted the so-called 4-2 system,
which provides that an Officer shall work four (4) days in a row, shall be off for two (2)
days, and shall then resume hislher work cycle. Employees on special assignments who
work other than a rotation offour (4) days on and two (2) days off shall average the same
number of total days off per year.
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Section 2.
a.
The regular hours of work shall be as follows:

Platoon I:
1:00 AM to 9:00 AM
Platoon II:
9:00 AM to 5:00 PM
Platoon III:
5:00 PM to I :00 AM
b.
Effective July 1, 2002, Officers assigued to work on Platoon I and Platoon

III shall be paid a differential often percent (10%) over and above their
base pay. The term "base pay" for the purpose of the so-called night
differential only shall mean the salary schedule established in Article XIII,
Section 1, and in addition, the career incentive benefit. The definition of
the term "base pay" herein, shall be applicable only to the calculation of
the night differential, and shall apply to nothing else.
c.
Effective July 1, 2005, Officers assigned to work on Platoon I and Platoon

III shall be paid a differential of eleven percent (11 %) over and above
their base pay. The term "base pay" for the purpose of the so-called night
differential only shall mean the salary schedule established in Article XIII,
Section 1, and in addition, the career incentive benefit. The definition of
the _~erm ''base pay" herein, shall be applicable only to the calculation of
the night shift differential, and shall apply to nothing else.
d.
The City of Lawrence agrees to abide by the grievance settlement dated

June 21, 1999, which effectively stated:
"Effective July 5, 1998, Officials assigned to Platoon II (day shift)

who have not been paid shift differential to date, shall receive shift
differential for hours of work. Settlement of this grievance shall
not affect the pay of Officials assigned to Platoon II who currently
receive the shift differential."
Section 3. Shift Selection.
a.
Captains and Lieutenants are entitled to express their preference for

Platoons or Divisions in accordance with seniority in rank. The Chief at
hislher discretion shall act upon said preference.
b.
Sergeants shall be entitled to express their preference for Platoons in

accordance with seniority in rank. Such request shall be binding on the
City and the Lawrence Police Superior Officer's Association. Said
requests shall be submitted in February of each year, and become effective
March first (1 st) of said year. The City shall make assignments within the
Platoon or Division.
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Section 4. Defmition of Seniority.

Seniority is defined as length of service within rank. In the case of a tie, the earlier date of
appointment to the next lowest raole shall prevail. If still tied, the next lowest rank (etc.)
shall prevail. If still tied, the earlier date of birth shall prevail.
Section 5.
The regular workweek will start on Sunday at 12:01 AM.
ARTICLE VI
Overtime Pay
Section 1. Rate of Overtime Pay.
a.
A Superior Officer shall be compensated for all work performed over and
above his or her regular tour of duty at an hourly rate computed on the
basis of one and one-halftimes his or her weekly salary divided by forty.
b.
Weekly salary for the purposes of calculating overtime pay is defined as

Base Pay (see Article XIII, Section. lb.) plus applicable Career Incentive
Pay and Shift Differential Pay. Administrative Differential Pay is
specifically excluded from this provision.
c.
For the purpose of calculating hourly overtime pay the following formula
shall be utilized:
Hourly Overtime Pay = B
* (1 + C) * (1 + S) / 40. * 1.5
Variable Key
B = Weekly Base Pay
S = Shift Differential Pay
C = Career Incentive Pay
Section 2. Call-in Pay.

Officials, who are called into work at times other than their regular tours of duty, shall be
given a minimum of four (4) hours pay at time and one-half (1-112). The fifteen (15)
minutes prep time, however, is excluded from this provision.
Section 3. Equitable Distribution of Overtime.
Overtime in excess of regularly scheduled hours shall be equally distributed among

regular Officials on a voluntary basis. A refusal of overtime shall be treated as time
worked for purpose of overtime sharing. A list showing overtime worked and refused
shall be kept current and shall be available for inspection by a representative of the
Union.
Section 4.
The Department shall schedule one (1) training day, Monday through Friday. Employees
called in on their day off will be paid time and one-half.
ARTICLE VII
Court Time
Section 1. Criminal Cases.
a.
Officials who are required to attend Court on behalf of the Commonwealth

in a criminal case (including conferences with prosecuting officials and
hearings on complaints) will be paid for all hours spent in Court at straight
time in addition to the travel allowance. A minimum of four (4) hours
shall be paid. In addition, the following travel time shall be paid:
1.
Salem and Newburyport - one (1) hour.
2.
Elsewhere - actual time.
3.
No travel time will be paid for travel within Lawrence.
'i
b.
For the purpose of calculating hourly Court Time Pay the following
formula shall be utilized:
Hourly Court Time Pay = B
* (1 + C) * (1 + S) / 40.
Variable Key
B = Weekly Base Pay
c.
....
Effective January 1, 2006, Officials who are required to attend Court on

behalf of the Commonwealth in a criminal case (including conferences
with prosecuting officials and hearings on complaints) will be paid for all
hours spent in Court at the overtime rate then in effect in addition to the
travel allowance. A minimum of three (3) hours shall be paid. In addition,
the following travel time shall be paid:
1.
Salem and Newburyport - one (1) hour.
2.
Elsewhere - actual time.
3.
d.
No travel time will be paid for travel within Lawrence.
Effective January 1,2006, for the purpose of calculating hourly Court

Time Pay the following fonnula shall be utilized:
Hourly Court Time Pay = B
* (1 + C) (1 + S) I 40. * 1.5
Variable Key
B = Weekly Base Pay
Section 2.
Officials, who are required to attend such proceedings as Inquests, Autopsies, and
Registry of Motor Vehicle Hearings, etc., shall be paid in accordance with Article VI,
Section 2.
ARTICLE VIII
Vacation
,\
Section 1.
a.
In accordance with the City of Lawrence Ordinance 2-106, vacations with

pay shall be granted annually to Officers based on length of service as
follows:
'
1.
2.
3.
4.

20 years or more continuous service
= 10 working days.
= 15 working days.
=20 working days.
=25 working days.
b.
Effective July 1, 2003, Superior Officers with 15 years of service, but

fewer than 25 years of service, shall receive 25 working days of vacation;
Superior Officers with 25 or more years of service shall receive 30
working days of vacation.
c.
Effective July 1, 2005, and in accordance with City of Lawrence

Ordinance 2-106, vacations with pay shall be granted annually to Superior
Officers based on length of service as follows:
10 through 15 years of continuous service
21 ihrough 22 years of continuous service
=10 working days.

working days.
=20 working days.
=25 working days.
=26 working days.
= 15
10

25 years of continuous service
=27 working days.

=28 working days.
=29 working days.
=30 working days.
Section 2. Vacation Selection.

Vacation periods shaH be selected within the Division or Platoon in order of rank, and
within the rank, in order of seniority based upon the date of appointment to the rank. If
two officers were appointed on the same date, then the order of next lower rank, etc. shaH
control, and if identical, the Officer with the earlier date of birth shaH have prior
selection. All vacation time must be selected by seniority by March 31 in any year, and
after that date, will be picked on a first come first serve basis.
Section 3. Vacation Period.
a. _
The vacation period shall run throughout the calendar year. No more than
one official from each platoon or Division shall be assigned a vacation
during each week, if requested. During the period in which the Officials
days off appear during hislher vacation period other Officials may select
personal days, time owed days, and third, fourth, fifth, and sixth weeks
vacation days, for this will be in keeping with the rule of no more than one
offi<;:ial scheduled off at the same time.
b.
The first ten working days vacation shall be granted during consecutive
weeks, and will take preference over the selection of third, forth, and fifth,
and sixth weeks vacation. The first ten working days vacation may be split
with the permission of the City, but not during the period from June 15 to
September 15. The third, fourth, and fifth, and sixth weeks vacation
periods shall be granted at times requested by the Officer subject to
seniority rights and the rule that no more than one Official from each
Platoon or Division shall be assigned to vacation during each week.
Section 4. Vacation Splitting.

Third, fourth, fifth, sixth, and any additional vacation time may be taken by week, weeks,
or in days if the Officer wishes, subject to the provisions of Section 3. Also, third, fourth,
fifth, and sixth weeks vacation periods that are taken in a week or weeks will have
selection preference over those taken by individual days.
Section 5.
The City of Lawrence agrees to be bound by the provisions of the General Law, Chapter
31, Section 33 for the purpose of determining additional vacation credit only. It is agreed
that this shall not affect the overall department seniority or longevity.
(
11
Section 6.
a.
Effective July 1, 2003 each Superior Officer may elect in any calendar
year to redeem up to five (5) days of accrued, unused vacation for cash.
The City shall make such payments to eligible Officers on the first payday
in December of each year at the rates then in effect.
b.
For the purpose of calculating daily vacation pay the following formula
shall be utilized:
. Daily Vacation Pay = B
* (1 + C) * (1 + S) / 5.
Variable Key
B = Weekly Base Pay
c.
Effective July 1, 2005 the Mayor at hislher discretion, shall have the
option of offering each Superior Officer an additional opportunity to
redeem up to five more days of accrued, unused vacation for cash. The
City shall make such payments to eligible Officers on the first payday in
December of each year at the rates then in effect.
(
"
ARTICLE IX
Holidays
Section 1.
a.
The provisions of the General Laws (Ter. Ed.) Chapter 147, Section 17A,
shall be applied, providing pay for each of the following holidays:
New Year'sDay
Martin Luther King Birthday
Washington's Birthday
Patriot's Day
Memorial Day
Independence Day
b.
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Christmas Day
In addition to the foregoing, three (3) days personal leave will be granted
to each Officer in each year without loss of pay provided that the Officer
gives at least twenty-four (24) hours notice of intention to take such
personal day, except in the case of an emergency, and subject to the
approval of the Officer in Charge ofhislher Platoon or Division. Such
approval will not be unreasonably withheld. These three (3) days of
personal leave may be taken on a holiday as long as there is no other
12
I'
Official (in accordance with Article VIII, Section 3) on a vacation day or a

personal day off.
Section 2.
Holiday pay shall be calculated as follows:
a.
For each unworked holiday a Superior Officer will be paid hislher regular
salary plus an extra days pay at straight time. Straight time for a full tour
on a holiday shall continue to be computed as one-fifth (1/5) of regular
weekly compensation.
b.
On and after September 1, 1987, a Superior Officer who works on a

holiday will be paid two (2) extra days pay, subject to the provisions of
Section 2c., plus the pay specified in Section 2a., for an unworked holiday.
c.
In order to be paid for a "holiday worked" (the premium specified in

Section 2b.) the employee must actually work on the work day
immediately preceding and the work day immediately following the
holiday, provided he/she was scheduled to work on either of those days.
The premium is not paid if sick on those days. The employee will not be
penalized for utilizing vacation, personal, or bereavement leave, etc. The
payment under Section 2a. (for an unworked holiday) will be made
regardless of non-compliance with the prior paragraph.
d.
Regular weekly compensation for the purposes of calculating Holiday Pay

is defined as Base Pay (see Article XIII, Section 1b.) plus applicable
Career Incentive Pay and Shift Differential Pay. Administrative
Differential Pay is specifically excluded from this provision.
e.
For the purpose of calculating Holiday Pay the following formula shall be
utilized:
Holiday Pay = B
* (1 + C) * (1 + S) / 5
Variable Key
B = Weekly Base Pay
c
13
ARTICLE X
Clothing and Cleaning Allowance
Effective July 1, 2002, a clothing and cleaning allowance of eleven hundred dollars
($1,100.00) for the fiscal year shall be given to all members of the Lawrence Police
Superior Officer's Association who may be required to wear uniforms while on duty.
Motorcycle uniforms and equipment shall be supplied by the City. This allowance shall
include brass, hats, jackets, uniforms, shirts, shoes, cuffs, holsters, belts, patches, and
equipment used by the Officer while on duty as prescribed by the City in agreement with
the Association. The purchase and maintenance of such uniforms shall be in a manner
prescribed through policy and shall be the sole responsibility of the individual Officer.
When any Officer is required to work in uniform, he/she shall wear the :full uniform as
prescribed by department policy, provided that the City shall pay for the first issue of any
change in the prescribed uniform with the exception of the change to be effective
September 1, 2000. Officers out on extended leave or L.L.D. for the entire previous fiscal
year shall not be eligible for the allowance for the current year.
ARTICLE XI
,\
Residence
There shall be no residency requirement of any kind except as may otherwise be required
bylaw
ARTICLE XII
Sick Leave, Injuries, Special Leave, and Bereavement Leave
Section 1. Sick Time.
Effective July 1, 2004, Superior Officers shall be granted fifteen (15) sick days as of
January 1st of each year.
Section 2.
. Superior Officers will be allowed to accumulate all of their unused sick time.
c
14
Section 3.
On the next payday following a Superior Officer's retirement, death, or voluntary
termination of employment with ten (10) or more years of service, helshe (or hislher heirs
at law) shall be paid a lump sum equivalent of one-half (1/2) ofhislher accumulated,
unused sick leave then in force. Payment shall be made at the pay rate pertaining to
hislher grade at the time of such termination, retirement, or death. Effective June 30,
1988, the number of sick leave days payable (at one-half) shall be capped at three
hundred (300).
.
Section 4. Sick Leave Bank.

Any Superior Officer covered by this agreement, may contribute up to a maximum often
(10) of their accumulated sick leave days per year to another Superior Officer who is
absent due to a serious illness, and has exhausted hislher personal sick leave. Request to
transfer such accumulated sick leave to the benefit of another Superior Officer, may be
made in writing to the Chief and must be approved by the Chief in conjunction with two
designated Association members. Approval shall not be arbitrarily or capriciously
withheld. The Chief may request medical evidence concerning the absent employee
(Superior Officer) as well as that of the contributing employee (Superior Officer) in
considering requests for transfers of accumulated sick leave. Requests for medical
evidence as used herein applies only to this Section 4.
Section 5. Injured Leave.
General Laws Chapter 41, Section 11 IF, shall be applied in cases of injury. Officers shall
have twenty-four (24) hours to report injuries in the line of duty.
Section 6. Special Leave.

Each employee shall be granted special leave with pay for a day on which he is able to
secure another employee to work in his place provided:
a.
Such substitution does not impose any additional cost on the City.
b.
Such substitution is within the equal rank of other Officer qualified.
c.
The Officer in charge of the Division in which the substitution shall take
place shall be notified in writing on an appropriate form not less than one
(1) day prior to its becoming effective. In the case of an emergency,
notification may be made by telephone. Each Superior Officer is limited to
no more than twenty (20) working days of special leave per year.
Section 7. Bereavement Leave.
In the event of a death within the immediate family of a Superior Officer or hislher
spouse, the Superior Officer shall be granted four (4) working days off, without loss of
pay. The Chief may at hislher discretion require a Superior Officer who requests such a
15
I'
leave to provide written documentation of such a death. The immediate family is defined
as follows:
Spouse
Father
Mother
Sister
Brother
Relative (living in the Superior Officer's home)
Child
Grandchild
Grandparent
Aunt
Uncle
ARTICLE XIII
Compensation
Section 1. Wages.
a.
I(
b.
The following across the board wage increases will become effective on
the dates stated below.
July 1, 2002
three
(3 %) percent.
July 1, 2003
two
(2%) percent.
July 1, 2004
three
(3%) percent.
July 1, 2005
three
(3 %) percent.
The resulting base pay rates shall be as follows:

1.
2.
July 1st, 2002

Yearly
Weekly
Sergeant
$48,129.12
$925.56
Lieutenant
$56,311.84
$1,082.92
Captain
$65,884.52
$1,267.01
Yearly
Weekly
Sergeant
$49,092.16
$944.08
Lieutenant
$57,438.16
$1,104.58
July 151, 2003
16
$67,201.68
$1,292.34
YearIx
Weekly
Sergeant
$50,564.80
$972.40
Lieutenant
$59,160.92
$1,137.71
Captain
$69,217.72
$1,331.11
YearIx
Weekly
Sergeant
$52,081.74
$1,001.57
Lieutenant
$60,935.75
$1,171.84
Captain
$71,294.25
$1,371.04
Captain
3.
4.
c.
July 1st, 2004
July 1st, 2005
Fortbe purpose of calculating Regular Pay the following formula shall be

utilized:
i(
Regular Pay =
(B * (l + C * (1 + S + A
Variable Key
B = Base Pay
A = Administrative Differential Pay
d.
Effective July 1, 2005 each Superior Officer who qualifies based on years
of service for the City of Lawrence shall receive an additional base wage
increase in the following amounts:
, At ten (10) years of service
At fifteen (15) years of service
At twenty (20) years of service
At twenty-five (25) years of service
.5% base wage increase.

1.0% base wage increase.
= 1.5% base wage increase.
= 2.0% base wage increase.
=
=
tj
17
,i
I'
Section 2. Longevity.
a.
In addition to the annual salary, Officers who qualify with length of

service, will be paid as part of their regular compensation, a longevity
increment as follows:
Years o(Service
% o[Salary Schedule (see Sec. 2b.i
2.25 %
2.50%
2.75%
3.00%
3.25%
3.50 %
3.75 %
4.00%
4.25%
4.50%
4.75%
5.00%
5.25%
5.50%
5.75 %
6.00%
6.25%
6.50%
6.75%
7.00%
8.50%
9.00%
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25-29
30 or more
b.
Longevity pay is based only on applicable Base Pay plus Career Incentive
Pay.
c.
Newly appointed Superior Officers shall continue to receive the longevity

and educational incentive benefits to which they were entitled to as
patrolmen.
d.
c,;
. The longevity increment will be paid annually on the first pay period of
December. In the event that a Superior Officer dies or retires, hislher
longevity increment will be prorated as of the date of hislher death or
retirement. However, if such date occurs in such year later than the
anniversary date ofhislher permanent employment, hislher longevity will
be paid in full. Eligibility for longevity increment shall be based on the
employee's length of service for the City of Lawrence as of December 31
in each calendar year as provided in City Ordinance Section 2-158.
18
e.
For the purpose of calculating Longevity Pay the following formula shall
be utilized:
Longevity Pay = B
* (1 + C) * I
Variable Key
B = Yearly Base Pay
I = Applicable Longevity Increment
,Section 3.
Acting Sergeants will receive same rate of pay as a permanent Sergeants. Acting
Lieutenants will receive the same rate of pay as permanent Lieutenants. Acting Captains
will receive same rate of pay as a permanent Captains.
Section 4.
a.
The City of Lawrence agrees to be bound by the provisions of General

Law Chapter 41, Section l08L (Career Incentive Pay Program). The City
agrees to make payments to Superior Officers qualifYing thereunder in
accordance with the terms of the said statute, which are incorporated
herein by reference, as a part of said Superior Officer's regular
compensation. Said payments to be paid weekly.
b.
If Chapter 41, Section 108L, is repealed or amended by the Legislature to

provide lower benefits for Superior Officers than are currently provided,
the City shall pay to each affected Superior Officer the difference between
its share ofthe incentive for each such Superior Officer calculated
according to the existing statutory formula and its share of the incentive
for each such Superior Officer calculated as provided by law following
such repeal or amendment. If Section 108L is repealed, standards for
qualifYing colleges, universities, and courses shall be determined for
Superior Officers becoming eligible for incentive payments thereafter by
applying the statutory standards last in effect preceding such repeal.
Section 5.
Employees who are required to travel outside of the City Limits of Lawrence on official
business shall be reimbursed for expenses incurred for authorized meals, in accordance
with the following amounts and time periods.
a.
For travel ofless than twenty-four (24) hours commencing two (2) hours
or more before compensated time, employees shall be entitled to the below
breakfast allowance.
b.
Employees will be entitled to the below dinner allowance only where an

overnight stay is involved.
19
CITY OF LAWRENCE
OFFICE OF THE CITY ATTORNEY
TELEPHONE
(978) 794-5800
CHARLES D. BODDY, JR.

Ci~ Attorney
FACSIMILE
(978) 794-5799
PETER T. SUPP
JAMES M. BOWERS
ANNE L. RANDAZZO
Assistant City Attorneys
SUITE 306, CITY HALL

200 COMMON STREET
LAWRENCE, MASSACHUSETTS 01840
INTEROFFICE MEMORANDUM
TO:
MICHAEL]. SULLIVAN, MAYOR
FROM:
]IMBOWERS,ASST. CITI ATTORNEY
SUBJECT:
"SPECIAL POLICE OFFICER" SIDE LETTER AGREEMENT
DATE:
FEBRUARY 18, 2005
1A1{-:3
.(
Mr. Mayor. Please find enclosed the Side Lettet Agreement, signed by both the
Lawrence Patrolmen's Association and the Lawrence Superior Officers' Association.
The Side Letter Agreement allow you, as Mayor, to appoint "Special Police Officers",
pursuant to Mass. Gen. Law c. 41, sec. 99, for the purpose of allowing retired Lawrence
Police Officers the ability to work traffic duty and road details within the City of Lawrence.
This matter was discussed between the City and the unions approximately 18 months
ago, but is only now beiog brought to closure. In addition to the Side Letter Agreement, I
am attaching both t9.e General Duties and Responsibilities sheet that I had prepared, that
. outlines the type of work that the retired officers would be allowed to perform, and provides
a sign-off sheet for any "special police officer" appointed.
The retired officers would be called to do a road detail only if there were no active
Lawrence Police Officets available to fill the detail (typically, if this is the case, the work
would go to the State Police or Sheriffs Departroent). Sitnilar agreements are in place in
local municipalities (Andover and Methuen, for example). The benefits are two-fold: (1) it
allows the City to tetain the 10% fee for the detail, and (2) allows retired police officers
additional income to supplement their pensions.
Whereas it has been sometime since we discussed this matter, I am available to sit down
and discuss the matter with you at your request.
SIDE LETTER OF AGREEMENT

BETWEEN
THE PATROLMEN'S ASSOCIATION
AND
THE LAWRENCE SUPERIOR OFFICERS ASSOCIATION

AND
THE CITY OF LAWRENCE, MA 01840
The purpose of this side Letter of Agreement is to fmalize an agreement reached

between the parties regarding extra paid details.
As a result thereof, the parties agree, by this Side Letter, to amend their respective
collective bargaining agreements as follows:
Article XV, Section 2 (Detail Preference), of both the Lawrence Patrolmen's
Association and the Lawrence Police Superior Officers Association, is amended, by
striking the existing language in each section, and replacing it therein with the following:
"Paid detail assignments shall be offered to the following groups, in the order
in which they appear:
,(
(1) permanent full-time patrolmen and Sergeants;

(2) all other members of the Lawrence Superior
Officers Association
,
(3) permanent officers of the Lawrence Police Department who have
been laid off due to a decrease in the workforce and/or budgetary
constraints; and
(4) retired police officers.
Details shall be shared as equally as practical among those officers

within each respective gronp. Retired police officers will be
considered "Special Police Officers", pursuant to M.G.L. c. 41, sec. 99,
and shall be subject to the provisions of M.G.L. c. 32, sec. 91 (which
limits individuals receiving a pension or retirement allowance from
the state county, municipality, district, or authority, to 960 hours of
work, in the aggregate, in any calendar year, for the state, county,
municipality, district, or authority). Additionally, said Special Police
Officer shall not be entitled to any M.G.L. c. 41, sec lllF benefits,
shonld he or she become incapacitated as a result of injury while on
dll.ty.
.'illy retired police officer may apply to become a Special Police Officer by first
making application to the Union/Association in which that officer was a member just prior
to his or her retirement, for sponsorship to the Chief of Police and/or Mayor for
appointment as a Special Police Officer. The appointment will be 'subject to review on an
annual basis, or upon just cause, as determined by the Union/Association. The Mayor
and/ or Chief of Police shall be the final authority in the appointment/removal of Special
Police Officers for the City of Lawrence. Any retired police officer who retired as a Superior
Officer for the City of Lawrence will have no special standing due to his/her designation as
a superior officer prior to his /her retirement.
The "Summary/General Duties and Responsihilites/Special Requirements" of the
Special Police Officer is attached and is incorporated herein. It is understood that any
retired police officer seeking to become a Special Police Officer shall be given a copy of the
attached form, and must sign said fonn prior to his/her acceptance as a Special Police
Officer.
Nothing in this side letter is intended to alter the stipulated arbitration award
rendered by Arbitrator Paul Dorr dated October 7, 1982."
INWTINESS TIffiREOF, the parries have hereunto set their hands and seal
this
day of
, 200~,;.
,(
LAWRENCE PATROLNIEN'S
ASSOCIATION
by
LAWRENCE SUPERIOR
OFFICERS ASSOCIATION
by
an Andrews
President
CITY OF LAWRENCE
by
iVIichael J. Sullivan
Mayor
s~rttIT~~
Presider
"SPECIAL POLICE OFFICER"

SUMMARY
A "Special Police Officer" shall be a retired Lawrence Police Officer or Superior Officer,
who will be "called in" to perform traffic duty at road details only, when there is no
regular officer available to work.
GENERAL DUTIES AND RESPONSIBILITIES
It is tlte duty and responsibility of a "Special Police Officer" to:
,(
\
Maintain a present CPT and First Aid Certification through the Lawrence Police
Department.
Maintain through the Lawrence Police Department, firearm and pepper spray
certification.
On a yearly basis, provide a certificate from his physician that he or she is in good
health to perform the duties of a "Special Police Officer".
Adhere to the Lawrence Police Department rules, regulations, policies and
procedures.
Be in full Department UnifOlln, wearing a traffic vest or traffic belt when
performing all traffic duties.
When called in for duty, the Special Police Officer must carry with him a firearm,
which has been approved by the Lawrence Police Department Armorer, and for
which the Special Police Officer has been qualified. The Special Police Officer
shall be allowed to use a department portable radio that he or she will sign in and
out for with the Commanding Officer on duty, if said radio is available for use by
the Special Police Officer.
Maintain a current driver's license and a Massachusetts license to carry firearms.
Purchase and wear a silver standard Massachusetts Police Badge with the
Commonwealth Seal and the title "Special" engraved. (NO RANK)
At no time during their appointment as a "Special Police Officer" have control,
take control or be granted control of any road detail. Nor shall a "Special Police
Officer" be assigned to any outside details other than "road details".
On a yearly basis, along with firearm and pepper spray certification, shall be
given an update on criminal laws and motor vehicle laws by the Lawrence Police
Department Training Officer. Shall meet or exceed the training requirements
mandated by the Massachusetts Criminal Justice Training Council and the
Massachusetts Police Accreditation program.
Any costs associated with obtaining or maintaining the required certifications or

attending necessary trainings will be the responsibility of the Special Police Officer.
SPECIAL REQUIREMENTS
Must be a retired Lawrence Police Officer or Superior Officer.

Must have been academy trained.
Did not retire on any type of disability.
Retired police officers will be considered "Special Police Officers", pursuant to

M.G.L. c. 41, sec. 99, and shall be subject to the provisions of M.G.L. c. 32, sec. 91
(which limits individuals receiving a pension or retirement allowance from the state
county, municipality, district, or anthority, to 960 hours of work, in the aggregate,
in any calendar year, for the state county, municipality, district, or authority).
Additionally, said Special Police Officer shall not be entitled to any M.G.L. c. 41, sec
lllF benefits, should lie or she become illcapacitated as a result of ill jury while on
duty.
I,
, have read and fully understand the
above, and, having done so, seek to be accepted for appointment as a Special Police
Officer for the City of Lawrence.
((
(Retired)
{/
.
-
'., ,"
41 98F
OFFICERS AND
hMl;"LU
Historical and Statutory Notes

effective as of July 1, 1992, in the first
substituted "sixty-three of chapter twenty-t:\Ij
COl for "ten G of chapter one hundred and
seven" .
St.1980, c.142, was approved May 9,1980.

St.1991. c. 125, approved July 9, 1991, in the
first sentence, inserted "and each college or
university to which officers have been appointed
pursuant to the provisions of section ten G of
chapter one hundred and forty-seven".
St.1992, c. 286, 122, an emergency act,
approved Dec. 23, 1992, and by 279 made
St.1994, c. 353, 1, approved Jan. 13,

in the second sentence, added the proviso.
Library References
Records 1$=3.
Westlaw Topic No. 326.
C.J.S. Records 4.
Research References
tIon And Unwarranled Invasions Of
al Privacy Exemption.
42 Mass. Prac. Series 6.6, Police
Treatises end Practice Aids

18A Mass. Prac. Series 848, Police Reports.
39 Mass. Prae. Series 1166, Exemption C
Personnel And Medical Files Or Informa-
98G.
Domestic abuse; police reports
Any city, town or district police department which requires an investig~

police officer to make a report concerning an incident, offense
offense investigate.d, or any arrest made, on a form provided by the departrii:
shall include on said form a space to indicate whether said incident,
alleged, offense or arrest involved' abuse as defined in section one of
hundred and nine A . '
.
Added by 8t,1987, c. 93, 2 . . ,
"
",
:,"',.
.;1"
.' ": . :' .
' ... ,'
Historical and Statutory Notes
SI.1987,c. 93. 2; .;.:;;" ap~roved May 29,

1987, and by 3 msde effective Jan. L 1988,
.'":,,, .
99;
Req~lsli:.lo~ of police officers by othertoWnS
"r"; ~"": '~.l;
'f;";-'f~';-!:
,H ',. :'.':-:' :,' ':1';'1.'_
-I"
':.""~
"
' ... '
",
\"!.
.;>,
.~.
..
Themayor"sel"ctmen,.'ehiefof police, or person however designated,hj

the duties of a ehi,ef f polic.e,' or,.in the absence of the chief of police,
. however designa\ed:)aving:;the, duties of a chief of police,' the ~orru.n.!l!l!
officer, may upon the request of, the' mayor. selectmen, chief of police;
however designated having the'. duties of a chief of police. or in the
the chief of police or persoil hO~ever designated having the duties, of
police, .the commanding officer of any other. city or toWn
.officers, who shall have the authority of constables and police officers];
the ltmits of such city or town. except as to the service of civil ptocess~
while exercising such authority vl'ithin such limits, shall have the same
ties and privileges as when acting within their respective cities and
the city or town providing said officers shall be entitled to receive
city or town the amount paid to them for their service,
necessary traveling expenses.
Amended by 8t.1932, c. 124; 8t.1951, c. 214; 8t.1958, c. 53; 8t.1965, c. 382.
368
41 99A
AI\.TD EMPLOYEES
Historical and St!'tutory Notes
R.L.1902, c. 26, 20.
St.l920, c. 591, 13.
Library References
c.r.s.
Municipal Corporations 486 to 487,
493,495 to 496.
C.J.S. Towns 120 to 125.
:stlawTooic Nos. 268, 381.
Research References
and Practice Aids
_ .. 8SS. Prac. Series 9.6, Arrest Without
Warrant-Extraterritorial Arrest.
-, :s. Prac, Series 52.66, Self DefenseBy A Private Person.
Mass. Prac. Series 52.80, Constitution- .
Defenses-Arrest.
. Prac. Series 842, Police Person-
18A Mass. Prac. Series 845, Powers And

Duties.
30 Mass. Prac. Series 99, Authority To Ar-.
rest Without A Warrant-Private Person-Mis.
.
demeanors. .
30 Mass. Prac. Sedes 100, Limitations On
Power Of Arrest Without A Warrant As To
Places.
,Notes of Decisions
The prior swearing in of. special officers,
alone, satisfies the requirements of statute authorizing towns to confer police powt::rs on officers from other jurisdictions. . Com. v. Nichol.
son, (2002) 779,N,E.2d 702, 56 Mass,App,Ct."
921, review denied 782 N,E,2d 1084, 438 Mass:
1108 .. Towns e= 15
-'.. .
~l
. .. ;.
, .. u .......... ... ~u ...... I., who was sworn in as special
'-tee ..officer in neighboring town pursuant to
atilte authorizing requisition of police officers
'~l'other towns, ;had right to stop motorist in
ighboring town on suspicion of drunk driving
d to participate in both the investigation and
motorist. Com. v. Nicholson (2002)
_. 702, 56 Mass.App.Ct. 921, review
N.E.2d 1084, 438 Mass. 1108, Auiiomobiles e= 349(12)
I"
Statut~ governing' recrui~ent of special pci~

lice officers' permitted town to requisition officer from out of state and to give him authority
to stop motor. v~hicles'within state ,for.criminal-
or civiJ infractions, as separate statute" authori2;,;, .
ing arrests by-out-of-sta~ police in fresh pursuit .
of sllspected felons was ":rlOt sole source of out,;.'
of-state pffic~r's authority to arrest. Com. v.
'Callahan (1998) 701 N,E,2d 328,428 Mass. 335.
Arrest = 63.2 "!
.
City police 'officer who was special" policg"
officer in neighboring town had the .same authority as the police officer of the town to make
an investigative stop. Com. v. Andrews (1993)
611 RE,2d 252, 34 Mass,App,Ct 324, review
denied 616 N,E,2d 469,415 Mass, 1104, Arrest
"'" 63.2
Members of regular police or fire department and fire alarm divi"

sion; residence outside city or town
, "
. '
'i
" Any member of the regular police 'or fire department and fire alarm divisiop.
city or town appointed subsequent to August first, nineteen hundred, and
rseventy-eight shall reside within fifteen miles of the limits of said city or town,
distance shall be measured from the closest border limits of said city or
in which said member is employed to theclasest border limits of i:hecity
town in which said member lives; provided however, if any said city or town
369
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c.
Employees are entitled to the below lunch allowance for any above
described travel during the work shift.
Breakfast
$3.50
Lunch
$6.50
Dinner
$8.50
Section 6.
Mileage allowance shall be at the current IRS rate as it may change from time to time.
Section 7. Schooling.
The parties agree to abide by A.A.A. Case Number 1139 - 1450 -77 (involving
arbitration between the City of Lawrence and the Lawrence Patrolman's Association "the
so called Lees' grievance"). In addition to the above decision, there shall be four (4)
compensatory days off, for all Superior Officers who attend Police Training School.
Section 8.
,I
\
The Lawrence Police Superior Officer's Association agrees to the City's intention to
change the payroll system from the current weekly payroll system to a bi-weekly payroll
system. This agreement and such payroll plan change are expressly made subject to the
condition that bargaining unit employees will not be subject by such payroll change to
any loss of earnings in any fiscal year period to which they otherwise would be entitled
pursuant to the terms and provisions of this Agreement. The City agrees that such payroll
change will not be implemented for the bargaining unit represented by the Lawrence
Police Superior Officer's Association unless and until an other City and School
Department bargaining units execute an agreement including the same payroll change
and such change is implemented for all such other bargaining units.
Section 9. Administrative Differential Pay.

a. Effective July 1,2003, each Superior Officer shall receive Administrative
Differential Pay equal to eight (8%) percent of each Superior Officer's
applicable Base pay, Career Incentive Pay, and Shift Differential Pay. Such
A~strative Differential Pay shall be paid weekly as part of regular pay,
provided that a Superior Officer who has been on leave for more than thirty
consecutive days in any fiscal year shall not receive such Administrative
Differential Pay until such time as he or she returns to work from such leave
for at least one day. The Administrative Differential Pay shall constitute
regular compensation for pension and retirement purposes, but shall not be
included in the calculation of Overtime Pay, Holiday Pay, and Longevity Pay.
(
20
<,
"
b. All Superior Officers shall report for duty fifteen (15) minutes before the
scheduled platoon hours and, after the ratification date, shall be held over for
duty fifteen (15) minutes thereafter, to prepare for the orderly transition of
duty from one shift to another.
c. For the purpose of calculating Administrative Differential Pay the following
formula shall be utilized:
Administrative Differential Pay = .08 (B
* (1 +C) * (1 + S
Variable Key
B = Base Pay
Section 10. Retirement & Pension.
The City and the Association agree that the following comp'ensation classifications will
be treated as regular compensation for the purpose of calculating a Superior Officer's
retirement andlor pension benefit.
(ARTICLE XIII, Section 1.)
Base Pay
Career Incentive Pay
, (ARTICLE XIII, Section 4.)
,(
Shift Differential
(ARTICLE V, Section 2.)
Holiday Pay
(ARTICLE IX, Section 2a.)
Administrative Differential
Longevity Pay
ARTICLE XIV
Group Health Insurance
Section 1.
a.
The City will pay seventy-five (75%) percent and Superior Officers will
pay twenty-five (25%) percent of the premium cost of Master Medical
coverage. Effective July 1, 2001, the City will pay ninety (90%) percent
and Superior Officers will pay ten (10%) percent ofthe premium cost of
all other health plans, including HMO Blue, Health Plans Inc., and
Harvard Pilgrim.
21
b.
Effective July 1, 2003, employees shall pay twenty (20%) percent of the
cost for HMO Blue, Health Plans Inc., Harvard Pilgrim, and all health
plans except for Master Medical.
Section 2.
Effective on the date of ratification, all employees shall be eligible to participate in the
existing city plan for payment of health insurance premiums on a pre-tax basis on the
same terms and conditions as all other participants in such plan. The City agrees that it
will in good faith promptly consider the addition of a pre-tax excess medical expense
plan and a pre-tax child or dependent care plan, and shall make such plans available to
Superior Officers if they are established for any other employees within the City.
Section 3.
Should the City wish to amend co-pays, deductibles, prescription costs, or other financial
obligations of Superior Officers under its health plans, it agrees that any such
amendments shall be subject to negotiations with the Association in advance of such
amendment. An impasse, if any, in such negotiations shall be shbject to dispute resolution
at the request of either the City or the Association through binding arbitration.
ARTICLE XV
Outside Details
(
Section 1. Paid Details.
a.
Effective July 1, 2003, the hourly detail rate for Superior Officers shall
increase to $37.50 during the week and to $42.50 on weekends and
holidays. Effective July 1,2004, the hourly detail rate for Superior
Officers shall increase to $40.00 during the week and to $45.00 on
weekends and holidays. For the purpose of this section, weekends shall be
defined as the time period between 5:00 p.m. on Friday and 11:59 p.m. on
Sunday.
b.
Effective July 1, 2003, any Superior Officer shall receive $5.00 per hour
in addition to the detail rate provided above for any detail in which he or
she is in charge. (See Article XV, Section lc.)
c.
When three officers are assigned to a private detail, the third officer must
be a Superior Officer, who will be in charge.
(
22
Section 2. Detail Preference.

The Lawrence Police Superior Officer's Association will abide by the arbitration award
(A.A.A. Case Number 1139-0586-82) between the City of Lawrence and the Lawrence
Patrolmen's Association.
Section 3.
All details worked at the premises of an employer where a labor dispute exists shall be
paid at double time the usual rate, with a minimum of four (4) hours.
Section 4.
All details performed in the area of a riot or civil disorder shall be paid at double the
usual rate, with a minimum off four (4) hours.
Section 5.
Effective July 1, 2003, the City shall create and fund an escrow account for payment of
all detail compensation to which Superior Officers are entitled under Article XV. Also
from on and after July 1, 2003 the City guarantees that all detail payments shall be made
to each Superior Officer for all details worked. Such payments shall be made within three
weeks of the date that the detail was worked, provided that the Superior Officer has
provided the City 4mely documentation as required under the detail policy.
(
ARTICLE XVI
Grievance Procedure
Section 1.
The tern "grievance" shall be defined as any dispute concerning the interpretation or
application of this Agreement. The grievance and all awards shall be submitted in
writing.
Section 2.
Grievances shall be processed as follows:
c.
Step One.
The Association shall submit the grievance to the Chief of Police.

The Chief shall answer the grievance within ten (10) days,
excluding Saturdays, Sundays, and Holidays. If the grievance is
not settled at this step, it shall be referred to:
Step Two.
The Mayor or his or her representative who then has ten (10) days
to answer.
23
"
I:
Step Three.
In the event that all prior steps fail, the grievance may be submitted
to an impartial arbitrator, whose decision is final and binding. If
the parties do not agree upon an impartial arbitrator, the grievance
shall be submitted to the American Arbitration Association, whose
decision shall be final and binding. The parties shall share the fee
and expenses of an impartial arbitrator.
Section 3.
a.
A grievance shall be deemed waived unless submitted to the Chief within

fifteen (15) days after the occurrence of the incident upon which the
grievance is based.
b.
A grievance shall be deemed waived unless submitted to the Mayor or his

or her representative within five (5) days after the Chiefs answer is due.
c.
A grievance shall be deemed waived unless submitted to an arbitrator

within twenty (20) days after the Mayor's response is due.
ARTICLE XVII
Miscellaneous
i (
The City and the Association shall continue discussions on a physical fitness program.
The Association agrees to accept the provisions of c. 32B s. 19 consolidated bargaining.
ARTICLE XVIII
Staffmg
Section 1.
The present staffing of Superior Officer's consists of the following number in each rank:
Captains
Lieutenants
10
Sergeants
20
Section 2.
Any reduction or reorganization affecting said staffing should be made by attrition only.
Nothing in this article shall require the City to make a new appointment in any rank
24
following the separation of service of any incumbent in such rank, unless the City wishes
to continue the services of such position.
Section 3. Working Out of Grade.

If a Sergeant is assigned as a Shift Connnander due to the absence of the regnlarly
assigned Lieutenant for a period continuing for five (5) consecutive working days, he or
she shall be paid at the Lieutenant's rate beginning on the first day.
ARTICLE XIX
Litigation Insurance Reimbursement
Effective July 1, 1987, the City will reimburse the Association annually up to $75.00 per
Superior Officer for a premium or retainer paid to provide outside legal services to
defend a Superior Officer against third-party litigation arising out of his or her
employment by the City itself. A Superior Officer shall be free to choose his or her own
attorney, provided however, this provision shall be considered as complete performance
by the City of any legal or moral obligation to indemnifY the cost oflawyer's fees in
. defense of third-party claims.
ARTICLE XX
i(
Drug Testing Policy
Section 1 Purpose.
The misuse or abuse of drugs poses a serious threat to a Superior Officer, the
Department, and the public whom we serve. Further, employees of the City are visible
and active representatives of the connnunity where they live and work. They are
identified with the City and are expected to represent it in a responsible and credible
fashion. The City expects its employees to report to work in a condition to perform their
duties. Therefore, the Department has adopted the following policy.
Section 2 Policy.
.(
--'''.
a.
It is the policy cifthe City that the possession of unauthorized or illegal

drugs, the misuse of legal drugs, and the use of drugs while on duty are
strictly prohibited. An Officer who violates these prohibitions may be
subject to discipline, up to and including termination.
b.
An Officer who is found to be using unauthorized or illegal drugs,

misusing legal drugs, or who is using drugs while on duty will be required
to participate in a drug rehabilitation program approved for that purpose
and chosen by the City. Proof of successful completion of the program
will be required. Refusal to participate in the program, lack of successful
25
completion of the program, or further evidence of drug misuse or abuse

will be grouods for summary dismissal from the City's employment.
. Section 3 Procedures.
a.
Types of Tests
1.
Pre-employment:
All prospective candidates to the Lawrence Police Department
shall be tested for the use of drugs. Positive test results will be
considered in employment decisions and may be used as the basis
upon which employment is denied.
2.
Reasonable Suspicion:
Testing must be conducted immediately or as soon, as is feasible
when a Superior Officer or Supervisor observes behavior or
appearance that is characteristic of drug use or abuse. Testing for
substance abuse may occur upon reasonable suspicion at any time
the employee is on duty.
b.
Return to Duty and Follow-Up
1.
Return to Duty:
,\
Tests shall be conducted before an individual who has violated the

Drug Policy returns to duty.
2.
Follow-Up:
Follow-up tests are uoauoouoced. At least six (6) tests applicable
to the employee's violation must be conducted in the first twelve
(12) months following an employee's return to duty after
participation in a Program as mandated by the Policy. A Substance
Abuse Professional may require additional drug testing for the
employee fora period of up to sixty (60) months following the
return to duty.
c.
Conducting Tests
1.
Drugs:,
Drug testing is administered by analyzing the employee's urine
specimen and must be conducted through a certified facility.
Specimen collection procedures arid chain of custody requirements
will ensure that the specimen's security, proper identification, and
integrity are not compromised, A split specimen shall be obtained
and proper split specimen procedures must be followed both at the
26
,
"I
laboratory and through the chain of custody. AU urine specimens

are analyzed for the following drugs:
Marijuana (THC Metabolite)
Cocaine
Amphetamines
Barbiturates
Opiates (including Heroin)
Phencyclidine (PCP)
Steroids
2.
d.
Testing is conducted using a two-stage process. First, a screening

test is performed. If the test is positive for one or more of the
drugs, a confirmation test is performed on the same urine sample.
All drug tests and results are reviewed and interpreted by a
physician designated as the Medical Review Officer (MRO) before
they are reported to the Chief. If the laboratory reports a positive
result to the MRO, the MRO will make all reasonable attempts to
contact the employee and to conduct an interview to determine if
there is acceptable, alternative medical explanation for the drugs
found in the urine specimen. If the MRO determines that the drug
use is legitimate, the tests will be reported to the Chief as a positive
result, but with the MRO's explanation.
Refusal to Participate:
,(
Any refusal to participate in any of the types of drng tests authorized in
this policy will result in the employee's immediate suspension without
pay. The following includes, but is not limited to, some examples of
behavior that may constitute refusal to participate..
e.
1.
A failure to provide adequate urine sample for controlled

substances testing without a genuine inability to provide such a
specimen:
2.
Engaging in conduct that clearly obstructs the testing process.
Consequences of Drug Misuse or Abuse:

1.
Any employee who tests positive for drug use must immediately be
removed from his or her position and shall not be permitted to
return until the employe~ (a) undergoes evaluation and when
necessary treatment; (b) a substance abuse professional determines
that he or she has successfully completed any recommended course
of treatment; and (c) the employee p,asses a return to duty test.
2.
Payment for any recommended treatment program shall be strictly

the responsibility of the employee (or his or her medical or health
insurance program, if applicable).
27
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3.
f.
Infonnation and Training:

1.
All current and !lew employees will receive written infonnation

about the testing requirements and how and where they may
receive assistance for recovery from drug misuse. All employees
must receive a copy of this policy and sign a confirmation of
receipt.
2.
All supervisory and management personnel in the Department

must attend at least two hours of training on drug misuse
symptoms and indicators used in making determination for
reasonable suspicion testing.
3.
This policy will be posted on employee bulletin boards and wiII be

available to all employees.
4.
Educational infonnation will be made available periodically which

focuses on the potentially dangerous effects of drug use and abuse,
the procedures associated with pre-employment drug screening,
and "reasonable suspicion" drug testing. Annual employee training
sessions concerning those topics will also be made available to
employees.
5.
All final candidates for employment with the Department will be

given a copy of this policy.
g.
Employees who have returned to work, under Article XX, Section

3e, Subsection 1., who subsequently test positive for alcohol or
drug use in accordance with this policy will be terminated
immediately.
Record-Keeping:
The department will maintain detailed, confidential records about its drug
prevention program and those who test positive. Test results and other
confidential infonnation shall only be released to the Chief s Office, a
substance abuse professional, the MRO, and any arbitrator selected to
decide a case involving this policy. Any other release of infonnation will
, only be with the affected employee's prior written consent.
(
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AllTICLEXXI
~,,\~~~2)..
Duration
The duration of this contract shall be from July 1,2002 to June 30, 2006. Either party
wishing to terminate, amend, or modify this agreement must so notify the other party in
writing no more than one hundred and fifty (150) days nor less than one hundred and
twenty (120) days prior to the expiration date. Within five (5) days of the receipt of such
notification (by either party) a conference shall be held between both the City's and the
Association's negotiating committees, for the purpose of discussing such amendment,
modification or termination. Ifno agreement is reached by June 30, 2006, then the terms
of this Agreement shall continue in effect during negotiations thereafter, and any
successor Agreement will be retroactive to July 1, 2006.
For the
For the
CITY OF LAWRENCE
LAWRENCE POLICE
SUPERIOR OFFICER'S ASSOCIATION
/Jl.fll~.//~/o~
! (
Mayor
President
Approved as to form
(
29
To:
Alan Andrews, President, Lawrence Patrolmen's Association
Scott McNamarn,Presic1wt,I.awrenceSuperiorOffi=As9xiation
CC:
Chief John J. Romero
From: James Bowers, Assistant City Attorney

Date: June 11, 2003
Re:
Special Police Officers
************************************************************************
th
I am enclosing a draft "Side Agreement", in follow-up to our meeting on May 16

regarding retired officers and their assignment to road details.
I believe I have incorporated the majority of items that we discussed into the agreement
and its attached summary of duties. Certain changes were made, after discussions with
the Chief, following our meeting. Specifically, language that has been included, which
varies from, or is in addition to, the language that we discussed at the meeting,
specifically (1) language which will require the retired officer to supply his own firearm,
and (2) language that makes it clear that the retired officer will be responsible for all costs
associated with any. necessary certifications or trainings.
,(
Additionally, after reviewing the applicable statute, I think that it is best that the retired
officer acquire a badge with the terms "Special Police Officer" on it, to be consistent with
MGL C. 41, sec. 99, so that there is no confusion as to his/her authority. I know that we
had discussed allowing the officer to use hislher "retired" badge, but upon rethinking, I
no longer think that it is a good idea, given the relatively moderate cost involved.
Please feel free to contact me with any questions as to the language, or proposed changes
you may have. Perhaps we can get this in place for the beginning of JUly.
Attachment
Superior Officers
File No. 3807
Special Side Letter

Dated: February 18, 2005
i
c.
Contract!Agreement
Duration: July 1,2002 - June 30, 2006
.5.-r-~'C4
.'
,.'
e1'l-N
Between
And
City of Lawrence
September 29,2008
Lawrence (City) hereby agree to the following terms and conditions of settlement cif a
collective bargaining agreement to succeed the agreement expiring on June 30, 2007.
This settlement shall extend the terms and conditions of such collective bargaining
1.
Duration

The duration Df this cDntract shall be from july 1,2007
to. June 30, 2010. Either party wishing to. terminate, .
amend, Dr mDdify this agreement must so. nDtify the
Gther party in writing no. more than Gne hundred allld
f"Uty (150) days nDr less than Dne hundred and twenty
(120) days priGr to. the expiratiDn date ..Within five (5)
days Df the receipt Df such nDtificatiDn (by either party)
a cDnference shaH be held between bDth the City's and
the AssDciation's negDtiating committees, fGr the
purpDse Df discussing such amendment, modification or
terminatiDn. If no. agreement is reached by Juue 30,
2010.then the terms Dfthis Agreement shaH cDntinue in.
effect during negotiatiDns thereafter, and any success Dr
Agreement will be retrDactive to. July 1, 2010.
2.
Compensation
ARTICLE XIII, Compensation shall be amended:'

(a) At Section la, Wages, by deleting the existing
c.
/fS.-to
January 1, 2008 Dne and Dne half (1.5%) percent.

June 30,2008
Dne and Dne half (1.5%) percent.
January 1, 2009 one and one half (1.5%) percent.

June 30, 2009
January 1,2010 three and one half (3.5%) percent.

(b) At Section I b, Wages, by deleting the existing schedule
and substituting:
Jam.lary 1, 2/l08
1.
Yearly
Weeldy
Sergeant
53,655.91
1,031.84
Lieutenant
62,777.53
1,207.26
Captain
73,449.11
1,412.48
2.
Yearly
Weekly
Sergeant
54,460.75
1,047.32
Lieutenant
63,719.20
1,225.37
CaptaiID.
74,550.85
1,433.67
3.
June 30, 2008
January 1,2009
Yearly
Weekly
Sergeant
55,277.66
1,063.03
Lieutenant
64,674.99
1,243.75
Captain
75,669.11
1,455.17
4.
June 30, 2009
Yearlv
Weekly
Sergeant
56,106.82
1,078.98
Lieutenant
65,645.11
1,262.40
Captain
76,804.15
1,477.00
5.
January 1,2010
Yearl'y
Weekly
Sergeant
58,070.56
1,116.74
Lieutenant
67,942.69
1,306.59
Captain
79,492.30
1,528.70
(c) Add a new Section 11, Taser Stipend, to read:
(
The City agrees to pay each Superior Officer in
the bargaining unit a lump sum stipend of eighth1l!l1ldred and fifty dollars ($850.00) for training
and certification in the use of Taser equipment.
The parties agree that the Department shall
undertake training as soon as possible but in any
event such training and certification for Superior
Officers shall be completed within forty-five (45)
days after this agreement becomes effective.
3.
c.
Critical Incidents
By adding new ARTICLE XXII to read:

No Superior Officer covered by this agreement and
directly involved as a participant in a critical incident
shall be ordered to submit to an interview or generate
any report following the occurrence of a critical
incident until forty-eight (48) hours have elapsed and no
Superior Officer shall be ordered or required to
respond to questions or inquiries during the forty-eight
(48) hour decompression period. Notwithstanding the
preceding sentence, the participant officer shall consult
with an L.P.S.OA designated steward whose role will be
to transmit information to the City to enable it to

ascertain what has occurred and to take such action as
it may deem necessary. For purposes ofthis article, the
terms "critical incident" shall mean anyon-duty
incident involving death or serious bodily injury to a
police officer or civilian or any other incident involving
discharge of a firearm. "Directly involved as a
participant" shall mean any Superior Officer
responsible for (1) inflicting the force, or discharging a
weapon, that caused the death or serious bodily injury
to a civilian or police officer, or (2) the discharge of his
or her firearm.
4.
Personnel Records
By adding a new article XXIII to read:
Superior Officer's personnel files shall be maintained

Under the following circumstances:
(a.)
No material derogatory to a Superior

Officer's conduct, service, character, or
personality shall be placed in the files
unless the Superior Officer has had an
opportunity to read the material. The
Superior Officer shall aclmowledge that he
or she has read such material by affixing
his or her signature on the actual copy to
be med, with the understanding that such
signature merely signifies that he or she
has read the material to be med. Such
signature does not necessarily indicate
agreement with its content.
(b.)
The Superior Officer shall have the right

to answer any material filed and his or her
answer shall be reviewed by the Personnel
Manager and attached to the me copy.
(c.)
Upon request by the Superior Officer, the

Superior Officer shall be given access to
his or her file without delay.
(d.)
Upon receipt of a written request, the

Superior Officer shall be furnished a
reproduction of any material in his file.
'C
5.
Paid Details
By amending ARTICLE XV to read:
(a.)
Effective July 1, 2009, the hourly detail

rate for Superior Officers shall increase to
$40.50 dur.ing the week 1Illllld to $45.50 on
weekellllds. For the purpose of this
section, weekends shan be defined as the ltime
period between 5:00 p.m. on Friday and
11:59 p.m. on SUllllday.
(b.)
Effective July 1, 2009, the hourly detail rate for

Superior Officers shall increase to $50.00 on
holidays.
(c.)
Effective July 1, 2009, any Superior Officer shall

receive $15.00 per hour in addition to the detail
rate provided above for any detail in which he or
she is in charge. (See Article XV, Section Id.)
(d.)
When three officers are assigned to a private

detail, the third officer must be a Superior
Officer, who will be in charge.
6.
Daly Award
Settlement of Litigation
The L.P.S.O.A. and the City agree that with respect to
the matter known as the Daly' Decision (American
Arbitration Association Case No. 11390-01883-05) the
City has offered to pay to Superior Officers, and the
Superior Officer's Association has accepted, the same
benefit on the same terms and conditions (Gr. Base Pay
Differential on a prospective basis) outlined in the
agreement between the L.P.A. and the City.
7.
Training Day
ARTICLE VI, shall be amended at Section 4 to read:
The Department will schedule at least three (3) dates,

per fiscal year, in which to conduct a Lawrence Police
Department in-service training. The purpose of the
SETTLEMENT AGREEMENT
BETWEEN
LAWRENCE POLICE SUPERIOR OFFICERS ASSOCIATION
AND
CITY OF LAWRENCE
March 21, 2003
The Lawrence Police SUperior Officers Association (Association) and the

City of Lawrence (City) hereby agree to the following tenus and conditions of
setUel11ertt of ~ collective bargaining agreement to succeed the agreement
expiring on June 30. 2002. This settlement shall extend the tenus and
conditions of such collective bargaining agreement except as modified herein.
!
and shall become effective upon the date of its ratification by the membership
of the Association.
Article V. Section 21al shall be amended by re-writing the first sentence

as follows:
1.
Effectiye July 1, 20021. officers assigned to work on Platoon No.1 and

Platoon No. 3 shall be patd a differential of nine percent (9%)3 ten
percent (10%) over and above their base pay.
.
2.
Article V. Section 31a) shall be anlended effective July 1. 2003 by striking
the last sentence thereof effective June 30. 2003.
3.
Article VlII. Vacation. shall be amended

(a)
At Section 1 by adding the following language thereto:

Effective July 1, 2003, superior officers with 15 yearsof
service, but fewer than 25 years of service, shall receive
25 working days of vacation; superior officers with 25 or
.more years of service shall receive 30 working days of
vacation.
New lang!;1age Is reflected by bold typeface.
Deleted language Is reflected by a strike through .

I
..
..
..
(h)
At Section 3 byre-wrlting the second paragraph thereof to

read:
The first ten working days vacation shall be granted during
consecutive weeks. and will take preference over the
selectiort of third, fourth. and fifth, and sixth weeks
vacatiort. The first ten working days vacation may be split
with the pennissionofthe City. but not during the period
June 15 to September 15. The third. fourth. and flfth, and
sixth weeks shall be granted at times requested by the
offIcer subject to seniority rights and the rule that no more
than one offIcial from each platoon of Division shall be
assigned to vacation during each week.
Ie)
Effective July 1, 2003 each superior officer may elect in

any calendar year to redeem up to five (5) days of
accrued, unused vacation for cash. The City shall make
such payments to eligible officers on the first payday in
December of each year at the rates then in effect.
4.
Articie X, Clothing Allowance. shall be amended by re-writing the first
sentence to read:
Effective July 1. 2002. a clothing and cleaning allowance of one

thousand dollars ($1.0gg). one thousand one hundred dollars
($1.100) for the fiscal year shall be givento all members of the Police
DeparlIilertt who may be required to wear unifOrrriS while on duty.
5.
Articie XI, Residence, shall be amertded by sWkirtg the existing Sections
1 and 2 and replacing them with:
There shall be no residency J,'equirement of any kind except as may
otherwise be required by law.
6.
Article XII. Sick Leave shall be amended at Section 1 by re-wriUng it to
read:
Officlals shall be granted one and one quarter sick days per month in
aecotdance with City of Lawrence Ordinances 2 93 to 2 105 inclusi'!e.

Effective July 1. 2002, superior officers shall be granted fifteen (15)
sick days as of January r t of each year.
t
2
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7.
Article XlII. Compensation. shall be amended:

(a)
At Section 1. Wages. to provide for the following across the
board increases effective on the dates stated:

July I, 2002
Jt1ly 1, 2003
July 1. 2004
(b)
3%
2 0/9
3%
.At Section 4 effective upon ratification by adding the
following language thereto:

If Chapter 41, Section I08L is repealed or amended by
the Legislature to provide lower benefits for superior

officers than are currently provided, the City shall pay to
each affected superior officer the difference between its
share of the incentive for each such officer calculated
according to the existing statutory formula and its share
of the incentive foreachsuch officer calculated as
provided by law following such repeal or amendment. If
Section 108L is repealed, standards for qualifying
colleges, universities and comses shall be determined for
officers becoming eligible for incentive payments
thereafter by applying the statutory standards last in
effect preceding such repeal. )
(
(C)
Byadding a new Section 9, .Administrative Differential to

read:
Effective July I, 2003, each superior officer shall receive
an administrative differential equal to eight percent of
each such officer's base pay. Such differential shall be
paid weekly as part of base pay, provided that an officer
who has been on leave for :inore than thirty consecutive
days hi any fiscal year shall not receive such differtintial
until such time as he or she returns to work from such
leave for at teast one day. The administrative
differential shall constitute regular compensation for
pension and retirement purposes, but shall not be
. included in the calculation of overtime pay, holiday pay
and/or longevity pay..
(d)
By adding a new Section 10. Hazardous Duty Pay

Differential to read:
.
Effective July 1. 2002, each superior offlcer shall receive
a hazardouS duty pay differentiaf equal to one (1) percent
of base pay. Snch differential shall be paid weekly as part
. ,.-
..
,i
,i
of base pay. It shall be treated as regular compensation

for purposes of pension and retirement and shall be
included in the calculation of all benefits derived from
base pay.
.~
8.
Article XIV, Group Hea1fu InsUrance, shall be amended by:

(a)
Captioning the existing language as Section 1 and adding

fue following language fuereto:
Effective July 1, 2003, employees shall pay 20% of the
premium cost for HMO BlUe, Health Plans Inc., Harvard
Pilgrim and allheatthplans except for Master Medical.
Ib)

Effective on the date of ratification, all employees shall
be eligible to participate in the existing City plan for
payment of health insurance premiums on a pre-tax
basis on the same terms and conditions as all other
participants in such plan. The City agrees that it will in
good faith promptly consider the addition ofa pre-tax
. excess medical expense plan and a pre-tax child or
dependent care plan, and shall make such plans available
to superior officers if they are established for any other
. employees within the City.
(
(c)
By addillg a new Section 3 to read:

Should the City wish to amend the co-pays, deductibles,
prescription costs, or other financial obligations of
superior officers tinder its health plans, it agrees that
any such amendments shall be subject to negotiations
with the Association in advance of such amendment. An
impasse, if any, in such negotiations shall be subject to
dispute resolution at the request of either the City or
the Association through binding arbitration.
9.
Article XV, Outside Details. shall be amended:

(a)
At Section I, Paid Details, by adding thereto fue follOwing

language:
Effective July 1, 2003, the hourly detail rate for superior
officers shall increase to $37.50 during the week and to
$42.50 on weekends and holidays. Effective July 1,
2004, the hourly detail rate for superior officers shall
increase to $40.00 during the wlek and to $45.00 on
weekends and holidays. For purposes of this section,
,
. '.
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1
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weekends, shall be defined as the time period between

5:00 p.m. on Friday and 11:59 p.m. on Sunday.
Also effective J1ily I, 2003, any superior officer.
shall receive $5 per hour in addition to the detail rate
provided above for any detall in which he/she is in
charge of the'detall.
;,,'
(b)
At Section 3(a) by re-writlng the existing language as follows:

When three patrolmen officers are assigned to a private
detail, the third ,man officer must be a superior officer, who
will be in charge.
,
Ie)
new paragraph:
At Section 5 by adding the following language thereto as a

Effective J1ily I, 2003 the foregoing language shall
be deemed null and void. From on and after J1ily I,
2003, the City shall create and fund an escrow account
for payment of all detall compensation to which superior
officers are entitled tuider this Article.' Also from on and
after Juty 1,2003, the City guarantees that all detall
payments shall be made to each superior officer for all
details wutked. Stich payments shall be made within
three weeks of" the date that the detail was worked,
prqvided that the officer has provided the City with
time1y ducumentation as required under the detail
pollcy.
For the Association
For the City ot Lawrence
By:
jJl)IP2(~ !3t,oJ...r
Dated:
J ).)7/0]
(
5
MEMORANDUM OF AGREEMENT
The City of Lawrence ("City") and the Lawrence Superior Officers Association
("Union") hereby agree as follows:
1.
The terms of the collective bargaining Agreement between the City and the
Union, effective July 1, 1998 to June 30, 2000, shall continue to apply except as
set forth herein.
?
Article XXIII (Duration) shall be amended by providing a duration of July 1,
2000 to June 30, 2002; and, in the last sentence, substituting June 30, 2002 for June 30, 2000 and
substituting July 1, 2002 for July 1, 2000.
3.
Article XIII (Compensation), Section 1 (Wages) shall be amended to provide for a
3.0% wage increase effective July 1,2000 and a 3.0% wage increase effective July 1,2001,
resulting in the following wage rates:
July 1, 2000:
Sgt. $44,930.61
$52,568.81
Lt.
Capt. $61,505.51
July 1, 2001:
Sgt.' $46,278.53
$54,145.87
Lt.
Capt. $63,350.68
4. Article XIII (Compensation), Section 2 (Longevity) shall be amended effective July

1,2000 by increasing the percentage increment by 0.50% at 25 years of service and
by an additional 0.50% at 30 years of service, resulting in the following longevity
schedule as of July 1,2000:
Years of Service
C.
5
6
7
8
9
10
11
12
13
14
15
16
17
% of Salary Schedu1e***
2.25
2.50
2.75
3.00
3.25
3.50
3.75
4.00
4.25
4.50
4.75
5.00
5.25
"
..
5.50
5.75
6.00
6.25
6.50
6.75
7.00
8.50
9.00
18
19
20
21
22
23
24
25-29
30 or more
5.
Article V (Hours of Work), Section 2(a) shall be amended effective July 1,2000
by increasing the night differential by 1% (to 8%), and shall be amended effective July 1, 2001
by increasing the night differential by 1% (to 9%).
5. Article XIV (Group Insurance) shall be amended effective July 1,2001 as follows:
employees will continue paying 25% of the premium cost for Master Medical
coverage, and employees will begin paying 10% of the premium cost of all other
health plans, including HMO Blue, Health Plans, Inc. and Harvard Pilgrim.
6.
This Agreement is subject to ratification by the bargaining unit, which vote shall
occur no later than fifteen (15) days from signing, and with such ratification becomes binding
upon the parties on its effective date.
,(
The signatures below ofthe City's and Union's respective, authorized representatives
reflect each party's agreement to the above tenus on this 31st day of August, 2000.
LAWRENCE SUPERIOR OFFICERS
ASSOCIATION, ~~
~A2~L---t~
By:
~fi~
,;l
.tJ.-LA./WA.,
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.-
.
MEMORANDUM OF AGREEMENT
The City of Lawrence ("City") and the Lawrence Superior Officers Association
("Union") hereby agree as follows:
1.
The te=s of th,e collective bargaining Agreement between the City and the
Union, effective July 1, 1995 to June 30, 1998, shall continue to apply except as
set forth herein.
2.
Article XXII (Duration) shall be changed to Article XXIIl and amended by
providing a duration of July 1, 1998 to June 30, 2000; and, in the last sentence, substituting June
30,2000 for June 30, 1998 and substituting July 1,2000 for July 1, 1998.
3.
The Agreement shall be amended throughout by replacing "men" wherever
appearing with "officers," and by replacing "he" and "his" wherever appearing with "s/he" and
"his/hers. "
:(
4.
Article IT (Management Rights), Section 1 shall be stricken in its present fo= and
replaced as follows: "This agreement has not been designed to violate any Federal or State laws,
nor shall anything in the Agreement be interpreted as diminishing the rights of the City to
determine and prescribe the methods and means by which its operation of the Police Department
shall be conducted, including the right to issue from time to time reasonable rules and
regulations, except as may be provided by this Agreement."
5.
Article vn (Court Time), Section 1 (Criminal Cases) shall be amended effective
July 1, 1999 by striking the words "Lawrence - one-half hour" and adding: "No travel time will
be paid for travel within Lawrence."
6.
Article X (Clothing Allowance) shall be stricken in its present fo= and replaced
with the following effective July 1, 1998
( .
"Clothing and Cleaning Allowance. A clothing and cleaning allowance of one

thousand dollars ($1,000.00) for the fiscal year shall be given to all members of the Police
Department who may be required to wear unifo=s while on duty. Motorcycle unifo=s and
equipment shall be supplied by the City. This allowance shall include brass, hats, jackets,
unifo=s, shirts, shoes, cuffs, claws, holsters, belts, patches, and any equipment used by the
officer while on duty as prescribed by the City in agreement with the Union. The purchase and
maintenance of such unifo=s shall be in a manner prescribed through Policy and shall be the
sole responsibility of the individual officer. When any officer is required to work in unifo=,
s/he shall wear the full unifo= as prescribed by departmental Policy, provided that the City shall
pay for the first issue of any change in the prescribed unifo= with the exception of the change to
be effective September 1, :WOO. Officers out on extended leave or LL.D. for the entire previous
fiscal year shall not be eligible for the allowance for the current year."
7.
Article XII (Sick Leave, Injuries, Special Leave a.l1d Death Leave), Section 7
(Death Leave) shall be amended by removing the words" a minimum of three (3) and a
maximum of five (5)" and substituting "four (4)."
8.
Article XIII (Compensation), Section 1 (Wages) shall be amended to provide for a
2.5% wage increase effective July 1, 1998 and a 2.5% wage increase effective July 1, 1999,
resulting in the following wage rates:
July 1, 1998:
Sgt.
Lt.
Capt.
$42,558.00
$49,792.86
$58,257.65
July 1, 1999:
Sgt.
Lt.
Capt.
$43,621.95
$51,037.68
$59,714.09
9.
Article XIII (Compensation), Section 2 (Longevity) shall be amended effective

July 1, 1998 by increasing each percentage increment by 0.50%, and shall be
amended effective July 1, 1999 by increasing each percentage increment by
0.50%, resulting in the following longevity schedule as of July 1, 1998:
% of Salary Schedule*** .
Years of Service
5
6
7
1.75
2.00
2.25
2.50
2.75
3.00
3.25
3.50
3.75
4.00
4.25
4.50
4.75
5.00
5.25
5.50
5.75
6.00
6.25
6.50
7.50
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 or more
-2-
"
and resulting in the following longevity schedule as ofJuly 1, 1999:

Years of Service
% of Salary Schedule***
5
6
7
8
9
10
2.25
2.50
2.75
3.00
3.25
3.50
3.75
4.00
4.25
4.50
4.75
5.00
5.25
5.50
5.75
6.00
6.25
6.50
6.75
7.00
8.00
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 or more
10.
Article XIII (Compensation), Section 5 shall be stricken in its present fo= and
replaced with the following:
"Employees who are required to travel outside of the City Limits of Lawrence on official
business shall be reimbursed for expenses incurred for authorized meals, in accordance with the
following amounts and in accordance with the following time periods.
"For travel ofless than twenty-four (24) hours commencing two (2) hours or more before
compensated time, employees shall be entitled to the below breakfast allowance. Employees
will be entitled to the below dinner allowance only where an overnight stay is involved.
Employees are entitled to the below lunch allowance for any above-described travel during the
work shift.
Breakfast
$3.50
Lunch
$6.50
Dinner
$8.50
C\
11.
Article XIII (Compensation), Section 6 shall be stricken in its present fo= and
replaced as follows: "Mileage allowance shall be at the current IRS rate, as it may change from
time to time."
-3-
..
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12.
foHows:
Article XIII (Compensation) shaH be amended by adding a new Section 8, as
"The Union agrees to the City's intention to change the payroH system from the
current weekly to a bi-weekly payroH system. This agreement and such payroH plan change
expressly are made subject to the condition that bargaining unit employees will not be subject by
such payroH change to any loss of earnings in any fiscal year period to which they otherwise
would be entitled pursuant to the terms and provisions of this Agreement. The City agrees that
such payroll change will not be implemented for the bargaining unit represented by the Union
unless and until aH other City and School Department bargaining units execute an agreement
including the same payroll change and such change is implemented for all such other bargaining
units."
13.
Article XVI (Grievance Procedure), Section 2, Step One shall be amended be
removing the words "three (3) days" and substituting "ten (10) days."
14.
Article XX (Staffing), Section 3 (Working Out of Grade) shall be amended by
removing the words "14 consecutive days" and substituting "5 consecutive days."
15.
Article XXI (Litigation Insurance Reimbursement) shall be amended by removing
"$50.00" and substituting "$75.00."
16.
A new Article XXII(Drug Testing) shall be added, as set forth on Attachment A
hereto.
17.
This Agreement is subject to ratification by the bargaining unit, which vote shall
occur no later than fifteen (15) days from signing, and with such ratification becomes binding
upon the parties on its effective date.
The signatures below of the City's and Union's respective, authorized representatives
reflect each party's agreement to the above terms on this 31st day of August, 2000.
CITYQEJL~NCI7
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BY:~i/1~ ~
J.
LAWRENCE SUPERIOR OFFICERS

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ASSOCIATION
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By:
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Approved as to form:
t
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By:
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Lawrence Superior&#39;s Officers 04.03.2012

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Superior Officers

File No. 3807

Lawrence Police Superior Officers Association

Special Side Letter

ARTICLE XXI, shall be amended to read:

ARTICLE XIII, Compensation shall be amended: .

June 30, 2008

one and one half (1.5%) percent.

January 1,2009 one and one half (1.5%) percent.

one and one half (1.5%) percent.

three and one half (3.5%) percent.

(b) At Section I b, Wages, by deleting the existing schedule

June 30, 2008

. June 30, 2009

(c) Add a new Section 11, Taser Stipend, to read:

The City agrees to pay each Superior Officer in

By adding new ARTICLE XXII to read:

No Superior Officer covered by this agreement IlDd

to transmit information to the City to enable it to

By adding a new article XXIII to read:

Superior Officer's personnel files shall be maintained

No material derogatory to a Superior

The Superior Officer shall have the right

Upon request by the Superior Officer, the

Upon receipt of a written request, the

By amending ARTICLE XV to read:

Effective July 1, 2009, the hourly detail

Effective July 1, 2009, the hourly detail rate for

Effective July 1, 2009, any Superior Officer shall

When three officers are assigned to a private

ARTICLE VI, shall be ani.ended at Section 4 to read:

The Department will schedule at least three (3) dates,

training will be to update Superior Officers on rules,

ARTICLE XII, Sick Leave shall be amended:

Effective July 1,2008 the three-hundred (300) day cap

By designating the existing language as Section 3(a) and

By adding a new Section 3c. to read:

following month or one (1) day of pay at the Superior

By adding a new Section 8 to read:

Any Superior Officer whom is absent for five (5) or

By adding a new Section 9 to read:

Any Superior Officer who has taken sick leave cannot

At ARTICLE XN, add a new Section 4. to read:

Effective July 1,2008, Superior Officer's may (at the

For the Association

ARTICLE XXI, shall be amended to read:

The duration of this contract shall be from July 1,2006

ARTICLE XIII, Compensation shall be amended:

June 30, 2007

one and one half (1.5%) percent.

(b) At Section 1b, Wages, by deleting the existing schedule

(c) At Section ld., by adding the following language:

= .5% base wage increase

(d) At Section 2., Longevity, by amending the schedule

( e) At Section 5c. by amending to read:

ARTICLE VIII, Vacations shall be amended:

lthrough 5 years continuous service

=10 working days.

10 through 15 years of continuous service =20 working days.

Sectioll2. Schedulillg of Va clition time and other time off.

Vacation periods shall be selected withill the Division or

With respect to individual days off (not vacation weeks

Any Superior Officer intending to sell back one (1)

Clothing Allowance ARTICLE X, shall be amended by modifying the first (181)

Lawrence Superior's Officers 04.03.2012

Lawrence Superior's Officers 04.03.2012