Interim Agreement

between
City of Haverhill and Local Firefighters 1011 – June 11, 2009

1. Upon execution of this agreement, the parties agree to continue the contractual meeting with the
union, fire chief and deputy chiefs concerning a reorganization of the Fire Department from Friday,
June 12, 2009 to Thursday July 2, 2009, and, the appointing authority civil service hearing scheduled
for Tuesday, June 16, 2009 to Wednesday, July 8, 2009 in order to provide the Union time to
convene a meeting of its members to consider ratification of this agreement.

2. Upon execution of this agreement, the City agrees to maintain the current staffing and apparatus
levels and will withhold taking any further action to implement planned demotions of Captains and
Lieutenants until August 9, 2009, which is the next “A” week. Upon ratification of this agreement by
the Union, the City will rescind said demotions.

3. Upon execution of this agreement by the Union, the Mayor will submit to the City Council a transfer
order for the $84,000 currently slotted for Fire Department, “when necessary to do so” - Training to
Fire Department – Salary in order to keep the Bradford Fire Station open until such time as the
Union can convene a meeting of its members to consider ratification of this agreement. $5,000 of the
above funds shall be available in fiscal year 2009, with the balance to be rolled over to fiscal year
2010 and available in the Fire Department – Salary line item for the staffing of the Bradford Fire
Station.

4. Upon ratification of this agreement by the Union, the City will appoint a temporary deputy fire chief
for the duration of any vacancy due to extended sick or injured leave in the rank of deputy fire chief.
The appointment of a temporary deputy fire chief and any resulting vacancies from said appointment
in other ranks shall be made in accordance with MGL c. 31. The provisions of this paragraph shall be
effective until December 31, 2009, at which time the parties shall reevaluate the effectiveness of the
provisions and may agree to continue same.

5. Upon ratification of this agreement by the Union, the City will hire a minimum of five (5) to ten (10)
new firefighters and shall fill available positions on the reserve list. All new hires to the reserve list
will pay for their own psychological and physical examinations.

6. The parties agree to work together to apply for a Safer Grant and other grants as may become
available to pay for the hiring of additional firefighters.

7. The union and the city agree that a key factor in being able to keep the station open on a long term
basis is to control the use of sick time, union leave, and overtime. Accordingly, the union agrees to
continue to counsel and work with its members to control and limit the use of sick time.

8. Upon ratification of this agreement by the Union, the following provisions shall be added to the
second paragraph of Article VIII, Section 1 of the most recent agreement:
 Section 1: Sick Leave

“When an employee is out on sick leave for two (2) consecutive 24 hour tours of duty or four
consecutive work days if assigned to the day shift, the Chief may require the employee to produce a
physician’s certificate of his/her fitness to return to work.

The Human Resources Director, at the request of the Chief, may require an employee to produce a
physician’s certificate of his/her fitness to return to work. Whenever the employee has an active
Notice of Intent to Require A Doctor’s Certificate.

The Human Resources Director, at the request of the Chief, may issue a Notice of Intent whenever
he/she determines that an employee has developed a pattern of inappropriate sick leave. The Notice
of Intent will contain the following:

a) A statement of which absences the Chief believes constitutes the pattern and why he/she
believes the absences are inappropriate;
b) A statement that the next time the employee takes sick leave, he/she may be required to
provide a physician’s certificate of his/her fitness to return to work.
c) The date of issuance and date of expiration (the Notice will remain in effect for one year
from the date of is issuance and will then lapse); and
d) That the Notice itself will not constitute discipline. The presence of an active Notice will not
prevent the issuance of subsequent additional Notices to the same employee. While the
notice itself will not constitute discipline, nothing in this provision will limit in any way the
employer’s right to discipline an employee for abuse of sick leave. The Human Resources
Director’s good faith decision to issue a Notice of Intent will be subject only to an arbitrary
and capricious standard.”

9. The parties agree that at the end of the eight (8) weeks from the date of this agreement, the parties
will meet to evaluate the effectiveness of controlling sick time and union leave.

10. Upon execution of this agreement the executive Board of the Union agrees to sponsor and support
the ratification of this agreement to its membership. Upon execution of this agreement and
ratification by the Union, the Mayor agrees to sponsor and support any orders or other measures
necessary to implement the terms of this agreement.

11. This interim agreement shall terminate on June 30, 2010. And be held separate from the Evergreen
Clause.
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Mayor James J. Fiorentini, City of Haverhill Paul Weinburgh, President, Local Firefighters 1011

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Approved as to legality:
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City Solicitor
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