Moreover, it is significant that the Town's behavior is inconsistent with the approach set forth in 778.329. The court noted that in any given week officers working forty hours would be entitled to be paid at an overtime rate for their fifty additional minutes of roll call time, while those officers working fewer hours would only be entitled to be compensated for roll call time at their regular rate. 778.206 ("For example, if an employee is paid $5 an hour . Ethics Commission Finds that Agawam Police Lieutenant Edward McGovern Violated the Conflict of Interest Law For immediate release: 1/05/2016 Karen L. Nober, O'Brien, 350 F.3d at 287. | . [2], According to the terms of the CBA, Plaintiffs receive overtime for any hours worked beyond their regularly scheduled duty. Since then, she has worked as a writer-reporter on the Human Interest team and an associate editor on the TV team. He earned a bachelors degree in psychology from Clark University. 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. *9 Fed.R.Civ.P. [5] On August 1, 2005, the Town implemented a 27-day "work period" pursuant to 29 U.S.C. . 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. 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. O'Brien, 350 F.3d at 287. Cops Find Man and Woman Dead in 'Dilapidated' Home with 150 Cats Inside: 'Absolutely Horrific', Georgia Mom Gives Birth to Baby No. 74, Ex. LEMAS, N/A from D | E | F | 55% of all arrests were for low-level, non-violent offenses from 2013-21. No. 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 Agawam Police Department in Feeding Hills. Aug. 16, The court explicitly held that the Town is obligated to include shift-differential pay, longevity pay, and career-incentive *10 pay in the officers' regular rate. Mapping Police Violence, By contrast, an officer only becomes eligible for FLSA overtime when he works for more than forty hours. at 284. may be credited to overtime pay due under the Act."). Prior to joining the UMPD, Auger worked for more than three years as a corrections officer for the Hampden County 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. Pavone was denied bail and taken to the Middlesex Jail & House of Correction in Billerica, Clark said. (See Dkt. Update as new federal, state and local data are collected. Summ. . N/A Ruled in Favor of Civilians, Source: [13] Prior to December 2003, Defendants did not keep records of how much time Plaintiffs actually spent in court on days when they were paid for four hours. Sponsored Links | Website by Market Mentors, Certified in Active Shooter/A.L.I.C.E. to be interpreted narrowly against the employer, and the employer bears the burden of showing that an exception applies." No civilian complaints data obtained for this agency. 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. Plaintiffs are entitled to liquidated damages in a sum equal to their unpaid overtime compensation. | Feeding Hills, MA. 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. *6 The CBA establishes the standard work schedule for Plaintiffs. 76, Defs.' He previously worked for the Hampshire County Sheriffs Office as a Community Justice Support Center security/lab technician. Plaintiffs are current and former patrolmen employed by the Town of Agawam. Latinx people were 3.2x more likely No. 74, Ex. What a way to ring in the new year! 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. TOWN OF AGAWAM and Agawam Police Department, Defendants. Specifically, roll call pay does not fall under the exception in 207(e)(5), because it is not paid at a premium rate. Officers must leave their portable radios on, and on "rare occasions," the dispatcher will ask an officer to respond to an emergency. Use this Scorecard to identify issues within police departments that require the most urgent interventions and hold officials accountable for implementing solutions. . 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. McNally is a member of the UMPD motorcycle unit and is also a field training officer. Police Scorecard is an independent 501(c)(3) organization, learn more about our team here. July 14, 2006. According to the Agawam Police Department, Officer Zack Hall received a call about a woman who was in labor around 2:45 a.m. Top of Page |, Links are listed alphabetically by department name. Associations | According to the Town, the post-2003 records show that Plaintiffs actually spent an average of 1.75 hours in court on days for which they were paid for 4 hours of court time. 2021 41, 108L, "for furthering their education in the field of policework.". He also worked as a patrol officer at Baystate Franklin Medical Center in Greenfield and was a part-time security officer at Deerfield Academy. show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Y | Z | Nonetheless, pursuant to the Portal-to-Portal Act, if an employer makes a showing of "good faith" or demonstrates "reasonable grounds" for believing that it was not violating the Act, the court has discretion to award no liquidated damages or to award a smaller sum as liquidated damages. All Arrests for Low Level Offenses ( 55% ), 0 Homicides from 2013-21 Thus regardless of the regular rate calculation, the measuring rod for statutory liability remains the individual workweek. Sands v. Ridefilm Corp., 212 F.3d 657, 661 (1st Cir.2000) (quoting DeNovellis v. Shalala, 124 F.3d 298, 306 (1st Cir. G | H | I | Co. v. Eaton Vance Mgmt., 369 F.3d 584, 588 (1st Cir.2004) (quotation omitted). salary . The Town does not vary Plaintiffs' overtime rate according to the hours worked in a specific week. US Census Bureau, 53 Officers . WebMassachusetts Police Department Scores Rankings are based upon a 0 to 100 percentage scale. 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." Protective Advanced Safety Services By Tristan Smith Agawam police The parking lot and surrounding area was blocked off early yesterdat morning while detectives from the D.A.s office, Mass. Employees receive 1/52 of their annual salary each week, regardless of how many scheduled hours (i.e., thirty-two or forty) they work in a specific week. 1515 (1946) (holding that employee has initial burden of producing sufficient evidence to show amount and extent of work, and burden then shifts to employer); see also Reich v. S. New Eng. ", "At the end of the day, all cops want to do is help make their communities a little bit better for future generations," he continues. (Campbell Aff. Inform data-driven solutions nationwide. Departments with higher scores use art. 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. This approach to calculating regular rate, while superficially appealing on the facts of this case, is inapplicable. [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. AGAWAM Across the state of Massachusetts, police reforms have taken place after Gov. Track progress and hold cities accountable to results. (Dkt. Anyone with any information is being asked to contact Agawam PD at 413-786-4767. Because roll call pay compensates Plaintiffs for time spent attending roll call, roll call time must also be incorporated in the regular rate formula. With respect to the non-supervisory *8 officers, however, the Court of Appeals rejected each of the three grounds on which this court relied in granting summary judgment and remanded the claims for further proceedings. Id. Davis was hired in July 2022 and attended the Boylston Police Academy from July - December 2022. Trainer, Trained with Mass State Police Tactical Response Team for Active Shooter in 2016, 2017 and (April) 2018, Trained with James Markowski (ATF Tactical Team Member) in Active Shooter Response in 2014 and 2015, Attended numerous Massachusetts Juvenile Police Officers Association (MJPOA) conferences on Active Shooter Situations in Schools and Threat Assessment, Received four letters of commendation from the Agawam Police Department, Letter of recognition from Windsor Locks Police Department for apprehension and conviction of murder suspect, Letter of recognition from Sonitrol Alarm Company for apprehension of two suspects for burglary, Letter of recognition from Attorney Generals Office for duties performed at Ground Zero after the 911 attacks, Letter of recognition from Lynn Police Department for apprehension of a suspect in a shooting of four individuals, January 23, 2018 CityStage and Symphony Hall Active Shooter Training and Presentation, June 8, 2018 New England Synod Conference at the Mass Mutual Center Place of Worship Active Shooter Training. 01-30126-MAP. 0 2, Agreement 1.) 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. ", "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. 778.329, "alternating workweeks of different fixed lengths." 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. [10] In response to this argument, Plaintiffs point out that the exception that allows an employer not to pay an employee during meal periods is to be narrowly construed, and the burden is on the employer to show that it is entitled to the exception. and Specifically, they seek compensatory damages for unpaid wages as well as liquidated damages in an equal amount. Highest paying Cf. 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." | Employees are then paid half-time (50%) for any hours worked beyond forty per week. The First Circuit held that summary judgment was proper as to supervisory officers because they were exempt from FLSA overtime requirements. . The Town also agrees that officers "technically" remain on duty throughout any meal break. The purpose of the CBA is "to set forth . [10], *13 In this case, the court need not resolve the factual and legal questions regarding the existence of a bona fide meal period, because an analysis of the CBA reveals that the parties have agreed to treat all scheduled hours as hours worked. Corp, 121 F.3d at 70-71 (employer has burden of establishing, by plain and substantial evidence, subjective and objective good faith); Local 246, 83 F.3d at 297; Bankston v. Illinois, 60 F.3d 1249, 1254 (7th Cir.1995); Martin v. Cooper Elec. 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. Links are listed alphabetically by department name. Precedential, Citations: In addition to these charges, Pavone was sought for previous warrants out of Boston, Chelsea and Lynn District Courts. 77, Defs.' 85, Defs.' . . This agency did not reportedly kill anyone from 2013-21. at 151-52. Application of these regulations presents a special challenge in this case. See id. 8 (emphasis added).) 3.) 29 C.F.R. Police Chief Eric Gillis said, [The reform] forced us to rewrite and distribute policies to officers.. Their employment is governed by the terms of a collective bargaining agreement ("CBA") negotiated by their exclusive bargaining agent, the International Brotherhood of Teamsters, Local Union No. In fact, the Town has stated explicitly that a liability calculation premised on the assumption that Plaintiffs always take thirty-minute breaks would be incorrect. 216(b) (emphasis added). APD Officer Jeffrey Hichborn, who has organized NNO activities for the past two years, said there was a lot of enthusiasm for this years event. 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. When asked about the guns, Bonfillia described them as mostly antiques, but later would not confirm that they were guns. When you visit this site, it may store or retrieve information on your browser, mostly in the form of cookies. Id. 5. [9] Defendants actually argue that Plaintiffs work 37.5 hours plus 50 minutes for roll call. Since it is undisputed that Plaintiffs' annual salary is actually based on 1950 hours per year, Defendants' argument parts company with reality. As a result, in some calendar weeks an employee may work four eight-hour shifts, i.e., thirty-two hours plus roll call time, while in others he may work five shifts, i.e., forty hours plus roll call time. Neither party, however, contends that Plaintiffs actually work 2080 hours per year. J | K | L | Plaintiffs brought their complaint on July 1, 2001, alleging that the Town's method of calculating overtime wages violated the FLSA because it failed to include contractually-guaranteed wage augments when calculating overtime pay. See Anderson v. Mt. AGAWAM, Mass. | Both parties agree that Plaintiffs ale owed the difference, if any, between contractual overtime and FLSA overtime. WebThe estimated salary for a Police Officer is $51,591 per year in Agawam, MA. 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. So far, Gillis said they havent had any problems but in about three years, they will see the true impact that the police reform has had. 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. An investigation is underway after an Agawam police officer was involved in a crash on Thursday morning. 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. The law requires that if a police officer is exploiting use of excessive force, another officer must both intervene and report it. The current mayor of Agawam is William Sapelli. On the state level, Agawam is represented in the Massachusetts Senate by John Velis, and in the Massachusetts House of Representatives by Nicholas Boldyga. The Town has made no attempt to demonstrate good faith in accordance with 260. | Id. In the preamble, the CBA states clearly that it is intended "to set forth . *4 John D. Connor, Moriarty & Connor, Springfield, MA, for Plaintiffs. Id. The Court of Appeals declined to address issues of damages and other related remedies, remanding these matters to the district court for further consideration. 1991). 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. He quickly went to the home and helped the mom deliver a healthy baby girl named Sophia. Agawam, MA 01001, Hours: MonFri 9AM5PM Moving forward, everything will also need to be reported. Join a team of researchers, students, data scientists, activists and organizers working to collect, analyze and use data for justice and accountability. A | B | C | at 287; see also 29 C.F.R. "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. Mapping Police Violence, Source: According to the Town, the Union raised the question of meal periods during the 2001 or 2002 collective bargaining. "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. 9 per 1k residents, ^ Higher Arrest Rate for Low Level Offenses than 22% of Depts. WebThe Police Officer's Internet Directory Law Enforcement Interview Coaching National Crime Prevention Council On-Line Resource Center Bureau of Alcohol, Tobacco, Firearms and Explosives Federal Bureau of Investigation Federal Bureau of Prisons National Highway Traffic Safety Administration National Institute of Corrections He is also a senior airman and public affairs specialist for the U.S. Air Force Reserve at Westover Air Reserve Base. By Jenna The new UMPD officers who took their oath of office and received their badges are: Auger was hired in October 2022 and attended the Western Mass Regional Police Academy from Oct. 2022 - March 2023. Police Officer Memorials || Pac. 207(e). South Hadley Fire District 2 receives federal No. Most employees work a repeated sequence of four days on, followed by two consecuetive days off. After conducting discovery, the parties filed cross motions for summary judgment. For the purposes of this motion, there are no material differences between the two contracts. P | Q | R | It's a nice change-a happy call instead of the usual stuff!!" Plaintiffs, forty-nine current and former patrolmen employed by Defendants, the Town of Agawam and the Agawam Police Department (collectively, the "Town"), have brought suit against the Town alleging violations of the Fair Labor Standards Act ("FLSA" or the "Act"), 29 U.S.C. . (Id.) Hours. 75, Ex. Under the Act, an employer who violates 207. 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. (Id. Plaintiffs also seek declaratory and injunctive relief holding that the Town's employment practice violated the Act and prohibiting further violations. Reich v. S. New Eng. ), Although the Town believes Plaintiffs know they are entitled to a meal break, Plaintiffs assert that they have no such understanding. Call: 413-519-3908 [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. This formula produces the same result as dividing by 1950 and multiplying by 1.5. Id. Refine methodology in response to feedback from communities, researchers and local officials. [7] As noted above, contractual overtime is calculated by dividing annual salary by 1950 hours and then multiplying the resulting rate by 1.5. Thus statutory overtime for the period up to December 2003 must be calculated on the basis of the payroll records. Garcia was hired in July 2022 and attended the Boylston Police Academy from July - December 2022. He was eventuallychased down and taken into custody, Clark said. McNally was hired in July 2019 with 11 years of law enforcement experience as a full-time police officer in the Palmer Police Department. 29 U.S.C. 207(k) for all Agawam police officers. 260. "I feel proud and lucky that I had the opportunity to help this family and their beautiful new baby," Agawam Police Officer Zach Hall says, Joelle Goldstein is the Staff Editor of TV for PEOPLE Digital. the basic agreement covering the rates of pay, hours of work, and other conditions of employment to be observed between the parties." Absent a further, clarified request, the court will assume that Plaintiffs' summary judgment memorandum was correct and will take no further action with respect to the schedule for roll call payments. 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. Nonetheless, the "majority of the Circuits that have had occasion to address the issue have rejected the `completely relieved from duty' test in favor of the `predominantly for the benefit of the employer' test when determining whether meal periods are considered `hours worked.'" | Instead, the Town has consistently maintained that it complied with the requirements of the FLSA and owes Plaintiffs nothing (or very little). Plaintiffs' request for injunctive relief is DENIED, without prejudice. This is the first nationwide evaluation of policing in the United States. Because the application of the 207(k) partial law enforcement exception would, if upheld, change the prospective overtime calculations in this case, only retrospective relief is appropriate at this time. "It is well-settled that when an employer fails to keep adequate records of its employees' compensable work periods, as required under the FLSA, employees seeking recovery for overdue wages will not be penalized due to their employer's recordkeeping default." He received his B.S. In other words, Defendants argue that the proper calculation divides annual salary plus augments by 2080, i.e., fifty-two weeks multiplied by forty hours. Proposed Declaratory J. 1). 29 U.S.C. Regardless of any variation in hours worked, however, Plaintiffs receive 1/52 of their salary each week. S | T | U | 413-786-4821. 2, Campbell Aff. 2023 University of Massachusetts Amherst. . In deciding whether to grant an injunction, a court. 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. less force, make fewer arrests for low level offenses, solve Officials: no foul play suspected in Agawam body investigation Theres new information on a story we first brought to you as breaking news Monday morning. Sign up to receive the Free Law Project newsletter with tips and announcements. Uniform Crime Report, Id. "Where a salary covers a period longer than a workweek, such as a month, it must be reduced to its workweek equivalent." Cf. Such an arrangement results in the employee's working at two different rates of pay. This method "governs employees who receive a fixed salary that is intended to compensate a specific number of hours of labor (e.g., $ 400 for 40 hours)." 2d 147, 155-56 (D.Mass.2003) (collecting cases). State Resources | Plaintiffs' regular daily schedule consists of eight hours of duty plus ten additional minutes for roll call. 56(c). (See, e.g., id.). Please notify us if you are connected to a site other than No. Plaintiffs now move for partial summary judgment and injunctive relief. (See, e.g., Chenevert Aff. A second agreement for the period from July 1, 2001, through June 30, 2004, was negotiated in 2002. | The First Circuit also concluded that the hourly rate in this case should not be calculated according to the "fluctuating workweek" method set forth in 29 C.F.R. I just ran into the house ready to help," he explains. Id. 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. He previously worked as an estimator, project manager and installer for Kittredge Equipment Company in Agawam. 29 C.F.R. "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. 2d 3, Docket Number: Officers tried stopping the vehicle and followed the driver, later identified asAnthony Pavone, of Agawam, for more than two miles before it stopped on High Street. Posk was hired in October 2022 and attended the Western Mass Regional Police Academy from October 2022 - March 2023. 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. Edison Co., 83 F.3d 292, 297 (9th Cir.1996). She graduated from Ithaca College with a Bachelor's degree in Television-Radio (and an appearance in the NCAA Women's Volleyball Final Four!). ), (Id. ("[T]his result is not unfair; it simply reflects Congress's judgment that an employer must pay more for every hour of labor it demands of an employee beyond forty in a week."). Plaintiffs have now moved for summary judgment as to damages. The Union has filed an unfair labor practice charge against the Town with the Massachusetts Labor Relations Commission, alleging that the Town had no right to declare such a work period without first bargaining with the Union. 778.109 ("The Act does not require employers to compensate employees on an hourly rate basis; their earnings may be determined on a . Plaintiffs also charged that Defendants' practice of compensating roll call time through annual lump sum payments, rather than as weekly overtime, violated the Act. The employer bears the burden of proving that it is entitled to such discretionary relief. ), The court will disregard any such conclusory statements, as well as purported statements of "fact" not properly supported by citations to the record. Black people were 4.4x more likely M | N | O | WebForm Center Agawam, MA CivicEngage Home Form Center Form Center Search Forms: Select a Category By signing in or creating an account, some fields will auto-populate with your information and your submitted forms will be saved and accessible to you. "We're all proud of him! Id. Telecomms. 31.). It was built using data from state and federal databases, public records requests to local police departments, and media reports. WebAgawam Police Department Contact Information Address and Phone Number for Agawam Police Department, a Police Department, at Springfield Street, Agawam MA. murder cases more often, hold officers more accountable and spend less on policing overall. 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, . We just do what we are trained to do.". 4, Chenevert Aff. Technical application of the regulations produces an anomalous result, namely a "regular rate" that varies from week to week. Instead, Defendants' lengthy submission includes numerous substantive arguments complete with citations to case law and federal regulations. The other "approved method" for calculating the regular rate according to the Department of Labor's FLSA regulations is the "fixed weekly salary" method. . [4] Plaintiffs received a minimum of three hours overtime under the terms of the CBA that covered the period up to June 30, 2001, and have received a minimum of four hours overtime since July 1, 2001. in criminal justice in 2021 from Westfield State University, where she is currently pursuing her master's in criminal justice. Massachusetts State Police | 16.) See O'Brien, 350 F.3d at 298. This submission will also include a status report on the pending state administrative proceedings regarding the Town's adoption of the 27-day "work period" exception. O'Brien, 350 F.3d at 294. Western Mass News reported that at 7:50 a.m. there was a pedestrian crash involving an Agawam police officer on Main Street. (Federal, state and local teams in place to respond to any type of disaster or emergency.). See 29 U.S.C. WebSteven Grasso is a seasoned law enforcement officer from the Agawam Police Department. No. M | N | O | Gen. Laws ch. 2023 PASS | All Rights Reserved 404 (the "Union"), and the. 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