No. When Plaintiffs are required to attend court, they are guaranteed a minimum payment of four hours overtime under the CBA. For the reasons set forth below, the court will allow Plaintiffs motion for partial summary judgment with certain modifications, but will deny injunctive relief without prejudice. Anyone with any information is being asked to contact Agawam PD at 413-786-4767. Police later determined that Pavone's license was suspected and he was placed under arrest. N/A Ruled in Favor of Civilians, N/A Reported V | W | X | Staff Directory Agawam, MA CivicEngage Charlie Baker originally signed a law on Dec. 31, 2020 An Act Relative to Justice, Equity and Accountability in Law Enforcement in the Commonwealth.. Summ. 86, Scheduling Order 4.). 778.109 ("The Act does not require employers to compensate employees on an hourly rate basis; their earnings may be determined on a . . No. In weeks when Plaintiffs work forty hours, their weekly payment would be divided by *11 forty, producing one "regular rate," whereas in weeks when Plaintiffs work thirty-two hours, the identical weekly sum would be divided by thirty-two hours, producing a different rate. While police data is never perfect, and there are additional indicators that still need to be tracked, the Police Scorecard is designed to provide insight into many important issues in policing. Please notify us if you are connected to a site other than Police Lt. Dan Bonafilia was one of the officers present. Click below to add data to the Scorecard. Contact Department Sign in to Save Progress First Name* Last Name* Address City State Zip Code [7] Under the CBA, an employee is eligible for contractual overtime for any hours worked in addition to his scheduled shifts in a given week. Plaintiffs also request declaratory and injunctive relief stating that Defendants' practices violate the Act and prohibiting Defendants from further such violations. Moreover, the CBA specifies that employees will receive overtime "at the rate of time and one-half their straight time hourly rate of pay." Plaintiffs were not hired "with the understanding" that weekly salary would cover a fixed schedule of work-weeks with alternating lengths. WebAbington Police DepartmentActon Police DepartmentAcushnet Police DepartmentAdams Police DepartmentAgawam Police DepartmentAmerican International CollegeAmesbury [9], Plaintiffs vigorously contest the existence of a meal period, and the Town concedes that Plaintiffs do not always have thirty-minute meal breaks. 217; see also 29 U.S.C. By Jenna Mein Opp'n Summ. July 14th, 2006, Precedential Status: The purpose of the CBA is "to set forth . J. | WebMassachusetts Police Department Scores Rankings are based upon a 0 to 100 percentage scale. Reich v. S. New Eng. Liquidated damages are the norm under the Act. After arriving at the scene, Hall successfully helped the woman deliver her "healthy baby girl," who was named Sophia, the APD wrote in the congratulatory post alongside a photo of Hall holding the newborn. Corp., 121 F.3d 58, 69 (2d Cir.1997). This rate therefore does not include any of the wage augments at issue in this case, namely shift-differential pay, longevity pay, and career-incentive pay. Officers tried stopping the vehicle and followed the driver, later identified as Anthony Pavone, of Agawam, for more than two miles before it stopped on High Street. Co. v. Eaton Vance Mgmt., 369 F.3d 584, 588 (1st Cir.2004) (quotation omitted). The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Reminders Publishing. 778.113(a). [2], According to the terms of the CBA, Plaintiffs receive overtime for any hours worked beyond their regularly scheduled duty. Steven Grasso is a seasoned law enforcement officer from the Agawam Police Department. Agawam See O'Brien, 350 F.3d at 298 (citing 29 C.F.R. The First Circuit also rejected two different bases for finding that the Town overpaid Plaintiffs under the FLSA. An Amherst native, he was previously employed as an emergency medical technician for Pioneer Valley EMS, as well as a call force firefighter for the Amherst Fire Department. Plaintiffs now move for partial summary judgment and injunctive relief. As Hall reflects on the happy moment, he says he hopes the story will uplift people and prove that not all cops are bad. The First Circuit held that "the Town must include the time required for officers to attend roll-call in the officers' weekly hours worked, [and] that it must compensate the officers accordingly (including overtime premiums when applicable)." Gillis explained that the best example of this is the elimination of chokeholds, although this hasnt been used in the commonwealth for nearly 15 to 20 years. The law requires that if a police officer is exploiting use of excessive force, another officer must both intervene and report it. Y | Z |. ), The court will disregard any such conclusory statements, as well as purported statements of "fact" not properly supported by citations to the record. Velez-Rivera v. Agosto-Alicea, 437 F.3d 145, 150 (1st Cir.2006) (quotation omitted). See, e.g., Mayhew v. Wells, 125 F.3d 216, 220 (4th Cir.1997); Local 246 Util. Id. The opposing party "cannot rely on an absence of competent evidence, but must affirmatively point to specific facts that demonstrate the existence of an authentic dispute." . 4, Chenevert Aff. 778.329, "alternating workweeks of different fixed lengths." Three Agawam police officers fired after city officials determined they used excessive force in subduing a struggling man in police custody want their jobs back. and overtime compensation is properly computed for hours in excess of 40 at time and one-half the rate applicable in the particular workweek. Thus if an officer works for forty-one hours in a week in which he is only scheduled to work thirty-two hours, he is eligible for nine hours of contractual overtime, but only one hour of FLSA overtime. "As a cop, you dont really have the time to focus on nerves or emotions. Charlie Baker originally signed a law on Dec. 31, 2020 An Act Relative to Justice, Equity and Accountability in Law Enforcement in the Commonwealth. This law aims to prevent any police transgressions, excessive use of force and racial prejudices. ", RELATED VIDEO: Police Officer Saves Woman From Burning Vehicle. As the Court of Appeals noted, the exceptions in the Act are exhaustive and are to be interpreted *15 narrowly. 207(k), because the Town was not subject to this exception. 3 (noting that Plaintiffs are not relieved of duty and emergency and non-emergency matters regularly prevent officers from taking a meal break longer than fifteen or twenty minutes). As noted above, the Town changed its payment practices in the spring of 2004 in response to O'Brien. Davis was hired in July 2022 and attended the Boylston Police Academy from July - December 2022. 29 C.F.R. With experience in crime scene management, drug identification and incident command systems, Grasso brings believability to scenario-based learning, allowing participants the unique opportunity to witness and respond to workplace emergencies, evacuating their own workspaces following routes mapped out by PASS. Posk previously worked as a security agent for MassGrow in Athol, a safety/security specialist for Athol Hospital and an officer intern for the Athol Police Department. Significantly, Defendants completely failed to address this issue, despite a specific instruction to do so. 440 F. Supp. | at 294-95. However, a better view is that the examples of "fixed weekly salary" calculations in the regulations offer a poor fit with the facts of this case. [2] Longevity pay is an annual lump-sum payment that varies according to an employee's length of service in the police force. [12], Under the terms of the CBA, Plaintiffs are paid a minimum of four hours contractual overtime when they are required to attend court. The Town argues that the court should base its calculation of the "regular rate" on this shifting foundation. Edison Co., 83 F.3d 292, 297 (9th Cir.1996). Plaintiffs contend that the regular rate is to be calculated by adding salary, wage augments, and roll call pay, then dividing by 1950. 215. "Shift hours" are defined separately, and they consist of eight hours and ten minutes daily, the extra ten minutes being the time spent at roll call and therefore not on duty. at 151-52. Because Plaintiffs' work schedule does not correspond to a calendar week and their payment schedule is not aligned with their six-day work schedule, a regular rate calculation that relies on the calendar week produces an anomalous result. Strictly applied, the regulations in this case might lead to this disturbing outcome. 8 (emphasis added).) Use of and/or registration on any portion of this site constitutes acceptance of our. 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P | Q | R | An issue is "genuine" if "the evidence about the fact is such that a reasonable jury could resolve the point in favor of the nonmoving party," and a fact is "material" if "it is one that might affect the outcome of the suit under the governing law." Police saw a gray Honda CRV speeding south down Main Street in Reading around 7:12 p.m. on Saturday, Feb. 18, Police Chief David J. Clark reports. *4John D. Connor, Moriarty & Connor, Springfield, MA, for Plaintiffs. Clemens Pottery Co., 328 U.S. 680, 687, 66 S. Ct. 1187, 90 L. Ed. 778.108. He is also a senior airman and public affairs specialist for the U.S. Air Force Reserve at Westover Air Reserve Base. Plaintiffs' regular daily schedule consists of eight hours of duty plus ten additional minutes for roll call. Under the Act, an employer who violates 207. Massachusetts Police Officer Helps Woman Deliver Baby Id. (Campbell Aff. Massachusetts State Police | The Town does not vary Plaintiffs' overtime rate according to the hours worked in a specific week. 41, 108L, "for furthering their education in the field of policework.". AGAWAM, Mass. Two police officers will now be stationed outside the bar on Friday and Saturday nights from 9 p.m. to 1 a.m., for the time being. Agawam Police Department - Agawam, MA (Address and Id. I know he truly loves being able to help others. The court also held that the Town must include roll call time in the officers' weekly hours worked and "compensate the officers accordingly (including overtime premiums when applicable)."[6]Id. Specifically, they seek compensatory damages for unpaid wages as well as liquidated damages in an equal amount. Agawam is the home office of the Department of Veterans Services for the Western Hampden District, which includes the towns of Agawam, Southwick, Granville, Russell and Tolland. The Agawam Water Department is responsible for distributing drinking water for the Town of Agawam. Rather, Plaintiffs are paid based on an annual salary that both parties agree is intended to compensate 1950 hours. Link: Police Department Page. for handling general cargo during the basic, normal, or regular workday and $7.50 per hour for like work outside of such workday, the extra $2.50 . Police Officer Memorials | We were all in it together, and I couldnt be happier for them.". 2d 147. . The parking lot and surrounding area was blocked off early yesterdat morning while detectives from the D.A.s office, Mass. to be arrested for low level, non-violent offenses than a white person. Copyright 2023 Nexstar Media Inc. All rights reserved. Ethics Commission Finds that Agawam Police Lieutenant (Federal, state and local teams in place to respond to any type of disaster or emergency.). (Id. WebSteven Grasso is a seasoned law enforcement officer from the Agawam Police Department. $5.37M The violent Read more Videos Police at Agawam (MA) Six Flags Brutalize Man for Filming Them Plaintiffs do not seek compensation for those weeks in which they were scheduled to work for thirty-two hours, because in those weeks the premium portion of the extra eight hours of contractual overtime would offset any potential FLSA overtime owed. 207(e), which provides that it "shall be deemed to include all remuneration for employment paid to, or on behalf of, the employee." Because roll call pay compensates Plaintiffs for time spent attending roll call, roll call time must also be incorporated in the regular rate formula. Davis has also been head coach of the South Hadley High School track and field and cross country teams since 2009. (Id.) The burden then "shifts to the nonmoving party, with respect to each issue on which he has the burden of proof, to demonstrate that a trier of fact reasonably could find in his favor." 260. The court held that the compensation scheme embodied in the CBA did not comply with the "fluctuating workweek" calculation method set forth in 29 C.F.R. 778 is an interpretative bulletin that "does not command formal deference from this court"). See also O'Brien, 350 F.3d at 283 ("[T]he Town calculates each officer's overtime rate simply by dividing the officer's annual salary by 1950, which is the expected number of regular shift hours during the calendar year, and then multiplying the resulting hourly rate by 1.5."). The FLSA authorizes a court to issue injunctions for violations of 207. 5. (Dkt. 681 Springfield St. The new UMPD officers who took their oath of office and received their badges are: Dylan Auger Auger was hired in October 2022 and attended the Western Mass Regional Police Academy from Oct. 2022 - March 2023. Roll call will be addressed below. J.; Dkt. Post-2003 records suggest that on many days for which Plaintiffs were paid for four hours of court time, they spent less than four hours actually in attendance at court. . The status of this exception is currently uncertain, as the Union has challenged the Town's action before the Massachusetts Labor Relations Commission. A Massachusetts police department is praising one of their officers for his heroic actions after he helped a pregnant woman welcome her baby into the world. Id. Officials: no foul play suspected in Agawam body Agawam Police Department - Facebook Western Mass News reported that at 7:50 a.m. there was a pedestrian crash involving an Agawam police officer on Main Street. On July 1, the majority of provisions under this law moved into full effect. Prior to joining the UMPD, Auger worked for more than three years as a corrections officer for the Hampden County Sheriffs Department. (See, e.g., id.). officers fired after excessive force arrest want Deputy Chief DeWolf has proven to be a conscientious, hard-working and effective leader, Parham said. 207(k) for all *16 Agawam police officers. A 37-year-old man from Western Massachusetts with several arrest warrants was tracked down while driving a stolen vehicle in the Greater Boston area last week, authorities said. No. Of all the changes that come with the reform, Gillis claimed, The biggest is the elimination of part-time officers. This includes the officers that Agawam relies on for traffic control and more importantly, Six Flags traffic. Most employees work a repeated sequence of four days on, followed by two consecuetive days off. $188 per Resident, More Police Funding per Capita than 44% of Depts, Source: Agawam Police officer retires after 30 years with department 71). 31. 785.19. [3] The Town contends that overtime is calculated by dividing annual salary by 2080 (fifty-two weeks times forty hours) and then multiplying by 1.6. Id. Id. 201 et seq. G | H | I | The Town contends that during five-shift weeks, Plaintiffs usually only work 37.5 regularly scheduled hours, because they have a daily thirty-minute meal period. Your Local News for Middlesex County, Massachusetts, Reading Police arrested Anthony M. Pavone, 37, of Agawam after a traffic stop on Saturday, Feb. 18, Are You Running A Local Business? 78, Ex. The O'Hara plaintiffs worked under a CBA that explicitly provided for a half-hour paid lunch period for day-shift officers; the procedures for officers' meal breaks were set forth clearly in a written directive. the police department wrote in the post. Id. 2023 PASS | All Rights Reserved Scores range from 0-100% comparing cities with under 50k population. Agawam, MA 01001, Hours: MonFri 9AM5PM Get the Android Weather app from Google Play, NBA Playoffs: A star-studded Round 2 is here, Marty the mini pony looking for forever home, The War on Alzheimers: The Battle Continues, 2022 Rewind: Our favorite stories from last year, From Homeless to Hope: An Educators Journey, AG: Government cant require records requests by, Officer avoids termination after State House brawl, FedEx driver takes off after hitting RI womans wall, RI lawmakers push for tougher wage theft penalties, FBI investigating drug ring leaders ties to Prov. Id. "There are good and bad people in this society that we, as police, interact with every single day just as there are good and bad police officers that the public interacts with every single day," he says. Police Presence/Over-Policing (Officers per Population), Unarmed Victims of Deadly Force per Arrest. Unsolved. | Credit: courtesy Agawam Police Department A Massachusetts police department is praising one of their officers for his heroic actions after he helped a pregnant woman welcome her baby into the world. ", Speaking to PEOPLE after the exciting encounter, Hall, 34, says the moment was surreal and was "unlike anything I've ever felt. Agawam police In cities where police make fewer arrests overall but use more force when making arrests, communities could benefit significantly from policies designed to hold police accountable for excessive force. He also worked as a patrol officer at Baystate Franklin Medical Center in Greenfield and was a part-time security officer at Deerfield Academy. Officer Zach Hall was working a shift on New Year's Day when he responded to a call around 2:45 a.m. for a woman actively in labor, according to a Facebook post from the Telecomms. 2, Agreement art. 2, Campbell Aff. The court must agree that since the payroll record is the only documentation available for the period prior to December 2003, Plaintiffs cannot be penalized for Defendants' failure to keep more accurate records. However, the Town contends that the Union "did not press the issue" because it "recognized that I he officers get a meal period." Gen. Laws ch. A merger clause confirms that the CBA "incorporates the entire understanding of the parties on all matters which were or could have been the subject of negotiations." "Its so nice to get positive feedback from the community, especially during a time when most of what the world seems to focus on lately is only the negative. ", "I was there to help bring a new life brought into this world, all while trying to remain calm for the nervous parents," he recalls. 114. The Team At Daily Voice Wants To Help, Hopkinton Deputy Police Chief Charged With Repeatedly Raping 15-Year-Old: DA, Operation of a Motor Vehicle with a Suspended License, Operator of Motor Vehicle Refuse to Provide True Name. (Dkt. The Town's suggestion that overtime pay prior to December 2003 should be based on the average amount of time spent in court after December 2003 would do precisely that, penalizing those individual Plaintiffs who spent more than the average 1.75 hours in court. Rising through the ranks, his time as a patrol sergeant, safety/crime prevention officer and 18.6 per 10k Residents, More Officers per Population than 42% of Depts, Source: In her current role, Joelle helps oversee all things TV, and enjoys being able to say she has to watch The Kardashians, America's Got Talent, Love Is Blind and Dancing with the Stars for her "work" responsibilities. | By Tristan Smith Agawam police [14] Plaintiffs have already adjusted their calculations for the period after December 2003 to reflect the difference between contractual overtime (four hour minimum) and statutory overtime (actual time spent in court). No. Sign up to receive the Free Law Project newsletter with tips and announcements. Id. In deciding whether to grant an injunction, a court. The parties also affirm in a merger clause that the "agreement incorporates the entire understanding of the parties on all matters which were or could have been the subject of negotiations." [This will] impact [the] ability to apply services, said Gillis. FLSA overtime is calculated at "one and one-half times the regular rate at which [an individual] is employed." It was later returned to its owner, Clark said. (Campbell Aff. . Workers Union v. S. Cal. at 284. [6] In addition, the First Circuit noted that roll call compensation "shall not be delayed longer than the first pay day after the amount can practicably be determined." Police officer salary in Agawam, MA - Indeed | *7 The CBA makes no reference to a meal period for Plaintiffs. at 298. Thus the decisive factors in the O'Hara case are not present here. 29 U.S.C. From Free Law Project, a 501(c)(3) non-profit. Roll call pay must therefore be included in the regular rate calculation. D | E | F | To further customize his training experiences, Grasso and his team make it a point to visit the workplace to identify vulnerabilities unique to the property so that when they do provide training, its customized, relevant and actionable should an emergency occur. Police Use this Scorecard to identify issues within police departments that require the most urgent interventions and hold officials accountable for implementing solutions. After conducting discovery, the parties filed cross motions for summary judgment. According to the Town, the Union raised the question of meal periods during the 2001 or 2002 collective bargaining. Law Project, a federally-recognized 501(c)(3) non-profit. Finally, unlike the 8.5 hour day shifts in O'Hara, Plaintiffs' shifts are not extended by a half hour to account for an alleged meal period. DeWolf has over 20 years of experience as a member of UMPD, including six as lieutenant and the past two in the role of interim deputy chief of operations. 76, Defs.' She was a UMass Police cadet from September 2018 until being hired as an officer. the one you expected. Pac. 01-30126-MAP. | Since then, she has worked as a writer-reporter on the Human Interest team and an associate editor on the TV team. salary . *6 The CBA establishes the standard work schedule for Plaintiffs. Parham added that DeWolf has been actively involved with the Walk This Way Team and Team Positive Presence, a liaison with Student Affairs and the Town of Amherst and has received a number of commendations and awards over the years. . July 14, 2006. Statement Facts 30.) O'Brien, 350 F.3d at 298. Plaintiffs appealed, and on December 2, 2003, the Court of Appeals issued an opinion in which it affirmed in part, reversed in part, and remanded. According to Agawam Police Chief Eric Gillis and Mayor William Sapelli, the city of Agawam had to call outside agencies such the state police, sheriffs department, O'Brien, 350 F.3d at 290. This formula produces the same result as dividing by 1950 and multiplying by 1.5. employee is hired on a salary basis with the understanding that his weekly salary is intended to cover the fixed schedule of hours (and no more) and that this fixed schedule provides for alternating workweeks of different fixed lengths. No. art. Form Center [4] In December 2003, the Town began keeping records of the time Plaintiffs actually spent in court. We just do what we are trained to do.". Police also determined that the vehicle Pavone was driving was reported stolen out of Lawrence. It was good to see! It's a nice change-a happy call instead of the usual stuff!!" rely on donations for our financial security. Sands v. Ridefilm Corp., 212 F.3d 657, 661 (1st Cir.2000) (quoting DeNovellis v. Shalala, 124 F.3d 298, 306 (1st Cir. at 8 ("That assumption is preposterous."). In the preamble, the CBA states clearly that it is intended "to set forth . The UMass Amherst Police Department held a swearing-in and badge pinning ceremony for nine new officers and celebrated the promotion of a longtime member of the UMPD on April 23. WebSteven Grasso - Protective Advanced Safety Services Steven Grasso Owner and Founder, Protective Advanced Safety Services (PASS) Bio Steven Grasso is a seasoned law enforcement officer from the Agawam Police Department. It points out, as the First Circuit noted, that the "work-week is to be taken as the standard in determining the applicability" of the FLSA. Top of Page |, Links are listed alphabetically by department name. In contrast to O'Hara, the officers in this case worked under a CBA that explicitly defined "hours of work" to include the time allegedly spent on meal breaks.
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