Telecomms. 77, Defs.' Telecomms. Massachusetts State Police | 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. [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. 404 (the "Union"), and the. Edison Co., 83 F.3d 292, 297 (9th Cir.1996). 2021 "He was literally beaming! An investigation is underway after an Agawam police officer was involved in a crash on Thursday morning. 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. . AGAWAM, Mass. [2] Longevity pay is an annual lump-sum payment that varies according to an employee's length of service in the police force. may be credited to overtime pay due under the Act."). Agawam joined nearly 16,000 communities across the country in holding NNO activities. 1 n. 1), Plaintiffs' Proposed Declaratory Judgment includes a paragraph ordering weekly payment of roll call pay (Dkt. Sabina Matos, candidate, Casey Farms Project Chick program fun & educational, In the Kitchen: Spring Greens Salad with Biscotti, Let The Martone Group help with your real estate, Crossroads RI holds 16th annual Women Helping Women, Violent gang enforcer gets more than 12 years in, UAE Mars orbiter snaps epic photo of Martian moon, 2,700+ RI shark license plates ordered so far, Pope Francis accepts Bishop Tobins retirement, Regulators seize First Republic Bank, sell to JPMorgan, Weather Now: Drier, Breezy Today with Sunshine, General Mills flour recalled due to salmonella risk, Former RI first lady Dorothy Licht dies at 101, Taunton man charged with kidnapping, attempted rape, Providence man fights off catalytic converter thieves. His wife Melissa, who is also a police officer, tells PEOPLE it wasn't surprising to hear how her husband stepped in to help during the couple's time of need. 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. 207(e). [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. The Town argues that the court should base its calculation of the "regular rate" on this shifting foundation. He quickly went to the home and helped the mom deliver a healthy baby girl named Sophia. 3, Pls.' [1] Defendants' Statement of Material Facts is neither concise nor limited to the facts, as required by Local Rule 56.1. Instead, the Town has consistently maintained that it complied with the requirements of the FLSA and owes Plaintiffs nothing (or very little). See Johnson v. City of Columbia, 949 F.2d 127, 129-30 (4th Cir. *4John D. Connor, Moriarty & Connor, Springfield, MA, for Plaintiffs. An agreement to provide compensation for such hours "may or may not convert them into hours worked, depending on whether or not it appears from all the pertinent facts that the parties have agreed to treat such time as hours worked." Use this Scorecard to identify issues within police departments that require the most urgent interventions and hold officials accountable for implementing solutions. (Id. Plaintiffs have now moved for summary judgment as to damages. | 01-30126-MAP. 2, Agreement art. 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. 778.108. at 151-52. United States District Court, D. Massachusetts. Cops Find Man and Woman Dead in 'Dilapidated' Home with 150 Cats Inside: 'Absolutely Horrific', Georgia Mom Gives Birth to Baby 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. ), Article 8 of the CBA, "Hours of Work," explains that the regular schedule consists of "eight (8) hours of duty per day." art. 2023 University of Massachusetts Amherst. 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." 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. Deputy Chief Ian Cyr and Chief Tyrone Parham provided opening and welcoming remarks to the new officers and their families and friends attending the ceremony. 1997)). 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. No. AGAWAM Across the state of Massachusetts, police reforms have taken place after Gov. Reich v. Newspapers of New Eng., Inc., 44 F.3d 1060, 1081 (1st Cir.1995) (quotation omitted). As noted above, the First Circuit concluded that certain wage augments must be included in the calculation of the overtime rate. (Dkt. ), Although the Town believes Plaintiffs know they are entitled to a meal break, Plaintiffs assert that they have no such understanding. 778.206 ("For example, if an employee is paid $5 an hour . 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. 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 . Scores range from 0-100% comparing cities with under 50k population. Specifically, roll call pay does not fall under the exception in 207(e)(5), because it is not paid at a premium rate. Cities with higher scores spend less on policing, use less force, are more likely to hold officers accountable and make fewer arrests for low-level offenses. CourtListener is sponsored by the non-profit Free Law Project. AGAWAM Before heading out on patrol, if Agawam police officers need to replenish the medical supplies in their cruisers, they know where to go: the closet in the Mem. Corp., 121 F.3d 58, 69 (2d Cir.1997) ("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 penalties due to their employer's record-keeping default"). Plaintiffs contend that the regular rate is to be calculated by adding salary, wage augments, and roll call pay, then dividing by 1950. Hoyt was hired in February 2020, shortly before the COVID-19 pandemic-induced campus shutdown. . 9.1 (emphasis added).) "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. Plaintiffs' request for injunctive relief is DENIED, without prejudice. "As a cop, you dont really have the time to focus on nerves or emotions. Add A Link | Police Officer Memorials | Michael Adrian Ponsor. 5. . Plaintiffs will submit a specific calculation of damages through July 31, 2005, using the guidelines set forth in this order, no later than August 21, 2006. See O'Brien, 350 F.3d at 289 (discussing the fact that only the premium portion of the contractual overtime rate is deemed "overtime" pay that may be offset against any statutory overtime liability in the same week); 29 C.F.R. She was a UMass Police cadet from September 2018 until being hired as an officer. Prior to joining PEOPLE, Joelle was employed at The Hollywood Reporter, where she was co-nominated at the 2019 GLAAD Media Awards for Outstanding Magazine Article for feature cover story. We are still working to obtain comprehensive data from every jurisdiction in the nation. at 287-88. 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. Thus in some weeks an officer may receive contractual overtime for working more than thirty-two hours, whereas in other weeks an officer will not be eligible for such overtime until he works more than forty hours. rely on donations for our financial security. The facts are set forth in the light most favorable to Defendants, the non-moving party.[1]. Deputy Chief DeWolf has proven to be a conscientious, hard-working and effective leader, Parham said. at 297; see also id. Sponsored Links | McAllister is a decorated veteran of the U.S. Army, a member of the UMPD motorcycle unit and a first responder trainer. at 284. The law requires that if a police officer is exploiting use of excessive force, another officer must both intervene and report it. Id. 0 P | Q | R | Such an arrangement results in the employee's working at two different rates of pay. 778.114(b), Thus, for example, a "monthly salary is subject to translation to its equivalent weekly wage by multiplying by 12 (the number of months) and dividing by 52 (the number of weeks)." M | N | O | WebThe APD Detective Bureau is currently investigating with the assistance of the MA State Police Detective Unit and Crime Scene Services. Sign up to receive the Free Law Project newsletter with tips and announcements. 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. Technical application of the regulations produces an anomalous result, namely a "regular rate" that varies from week to week. She has been with the brand for five years, beginning her time as a digital news writer, where she covered everything from entertainment news to crime stories and royal tours. 01030 Call 911 for emergenci Agawam Police Department For the reasons set forth above, Plaintiffs' Motion for Summary Judgment (Dkt. AGAWAM, Mass. The Town also agrees that officers "technically" remain on duty throughout any meal break. ; see also 29 C.F.R. . 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. No. He also worked as a patrol officer at Baystate Franklin Medical Center in Greenfield and was a part-time security officer at Deerfield Academy. "Calculation of the correct `regular rate' is the linchpin of the FLSA overtime requirement." Police Scorecard is an independent 501(c)(3) organization, learn more about our team here. | (Dkt. WebIn light of the Covid-19 Pandemic and the orders from Gov. [12] Defendants place particular emphasis on the meal time issue, because they argue that if they prevail on this question, the resulting calculations would eliminate any monetary liability to Plaintiffs. Aug. 16, Agawam, MA 01001, Hours: MonFri 9AM5PM Protective Advanced Safety Services See Anderson v. Mt. Police Presence/Over-Policing (Officers per Population), Unarmed Victims of Deadly Force per Arrest. 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." | Id. [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. $188 per Resident, More Police Funding per Capita than 44% of Depts, Source: 665 talking about this. He received his B.S. Rising through the ranks, his time as a patrol sergeant, safety/crime prevention officer and narcotics supervisor, in particular, uniquely qualify him for his role of instructor with Protective Advanced Safety Services (PASS), an organization he co-founded with John Nettis. *4 John D. Connor, Moriarty & Connor, Springfield, MA, for Plaintiffs. See, e.g., Mayhew v. Wells, 125 F.3d 216, 220 (4th Cir.1997); Local 246 Util. *9 Fed.R.Civ.P. Charlie Baker originally signed a law on Dec. 31, 2020 An Act Relative to Justice, Equity and Accountability in Law Enforcement in the Commonwealth.. . In addition, Defendants' approach moves a step towards the fluctuating workweek method explicitly rejected by the First Circuit by appearing to recognize different rates for different weeks and then cherry-picking the weeks whose inclusion in the calculation of the regular rate would be most beneficial to Defendants. 85, Defs.' Y | Z | This law aims to prevent any police transgressions, excessive use of force and racial prejudices. No. . O'Hara v. Menino, 253 F. Supp. Please notify us if you are connected to a site other than 4, Chenevert Aff. J | K | L | No civilian complaints data obtained for this agency. Departments with higher scores use 29 C.F.R. 778 is an interpretative bulletin that "does not command formal deference from this court"). Associations | Police later determined that Pavone's license was suspected and he was placed under arrest. Velez-Rivera v. Agosto-Alicea, 437 F.3d 145, 150 (1st Cir.2006) (quotation omitted). When asked about the guns, Bonfillia described them as mostly antiques, but later would not confirm that they were guns. Police Lt. Dan Bonafilia was one of the officers present. No. Pavone was denied bail and taken to the Middlesex Jail & House of Correction in Billerica, Clark said. (See Dkt. Similarly, the Court of Appeals found that the Town could not claim overpayment based on the application of the partial overtime exemption for law enforcement officers under 29 U.S.C. [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). United States District Court, D. Massachusetts. Contractual overtime is calculated by twirling' an officer's annual salary by 1950 hours and then multiplying the resulting rate by 1.5 (time and one-half).[3]. A second agreement for the period from July 1, 2001, through June 30, 2004, was negotiated in 2002. When he first arrived at the couple's home, Hall says he wasnt nervous because he didn't know how far along the mother was in her labor, but soon realized things were progressing very quickly. 778.206; see also O'Brien, 350 F.3d at 297 (noting that the roll call "payment under the CBA works out to less than one-and-one-half times the officers' regular rate of pay."). murder cases more often, hold officers more accountable and spend less on policing overall. Obtain data on 100 California cities. (See, e.g., id.). 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. 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 LEMAS, N/A from By contrast, an officer only becomes eligible for FLSA overtime when he works for more than forty hours. $5.37M Family of 6, Including Trapped Baby, Saved from Indiana House Fire: 'Please Don't Drop Her', 'Bachelor' Host Jesse Palmer Admits the Franchise Has 'Done a Very Poor Job' of 'Addressing Serious Topics', Zach Ertz and Julie Ertz's Relationship Timeline, Doula Uses Video Chat to Help Couple Deliver Baby at Home During Blizzard, Says Parents Did 'Amazing', Police Officer Delivers 5th Baby in 5 Years After Responding to 911 Call in N.Y.: 'Baby Whisperer', FOX News' Hillary Vaughn and Peter Doocy Welcome Baby Girl: 'Best Assignment I've Ever Had', Newborn Baby Girl Abandoned at Birth Found Alive 'by the Grace of God' in Florida Woods, N.Y. at 294-97. O'Brien, 350 F.3d at 298. | The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Reminders Publishing. July 14th, 2006, Precedential Status: He previously worked as an estimator, project manager and installer for Kittredge Equipment Company in Agawam. Defendants have had ample opportunity to set forth their substantive arguments. 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. 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. Muoz received her B.S. Id. *7 The CBA makes no reference to a meal period for Plaintiffs. We 29 C.F.R. Promoted from lieutenant to deputy chief of operations was Damian DeWolf. In deciding whether to grant an injunction, a court. Summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits . The status of this exception is currently uncertain, as the Union has challenged the Town's action before the Massachusetts Labor Relations Commission. Highest paying When Plaintiffs first brought this suit, roll call pay was distributed as an annual lump-sum payment; in the spring of 2004, pursuant to the First Circuit's ruling in the appeal of this case, Defendants began making roll call payments on a weekly basis. Its not something many police officers witness.". Sgt. . J. The CBA sets forth Plaintiffs' base rate of compensation, which covers 1950 annually scheduled hours. Defendants' approach relies on the fiction of a regular forty-hour workweek and compensate for this fiction by multiplying the resulting hourly rate by 1.6 instead of 1.5. Pavone gave officers a fake name when they asked him to identify himself, Clark said. No. This material may not be published, broadcast, rewritten, or redistributed. Copyright 2023 Nexstar Media Inc. All rights reserved. "He didnt hesitate to help those parents or their newborn baby and helped bring a new life into this world. Website by Market Mentors, Certified in Active Shooter/A.L.I.C.E. South Hadley Fire District 2 receives federal He is also a senior airman and public affairs specialist for the U.S. Air Force Reserve at Westover Air Reserve Base. | Lauren LeBelllebel@thereminder.com, AGAWAM Across the state of Massachusetts, police reforms have taken place after Gov. Address and Phone Number for Agawam Police Department, a Police Department, at Springfield Street, Agawam MA. View map of Agawam Police Department, and get driving directions from your location. Find Arrest Records, Police Records, and Warrants related to Agawam Police Department. State Resources | [9], Plaintiffs vigorously contest the existence of a meal period, and the Town concedes that Plaintiffs do not always have thirty-minute meal breaks. Employees are then paid half-time (50%) for any hours worked beyond forty per week. McAllister was hired in December 2019 and attended the Springfield Police Academy from December 2019 - April 2020. Uniform Crime Report, 2,136 Arrests Thus regardless of the regular rate calculation, the measuring rod for statutory liability remains the individual workweek. * An asterisk indicates this location did not publish enough data to evaluate. The court concluded that the CBA evinced no intention to treat the lunch period as "hours worked." On January 7, 2003, this court issued an order allowing Defendants' motion. On July 1, the majority of provisions under this law moved into full effect. 78, Ex. *5David A. Robinson, David A. Robinson, Attorney at Law, Springfield, MA, for Defendants. [4] In December 2003, the Town began keeping records of the time Plaintiffs actually spent in court. Garcia was hired in July 2022 and attended the Boylston Police Academy from July - December 2022. "It was when I saw the babys father running out of the house that I realized the mother was about to give birth at any moment. [8] The court asked the parties to address the applicability of 29 C.F.R. 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. 3.) This formula produces the same result as dividing by 1950 and multiplying by 1.5. He was selected for the position in January after a national search conducted by Spelman & Johnson. [9] Defendants actually argue that Plaintiffs work 37.5 hours plus 50 minutes for roll call. Thus the definition of "hours of work" and the use of the word "duty" to describe the non-roll call portion of each shift demonstrate the parties' understanding that Plaintiffs perform their functions as police officers for a full eight hours each day.[11]. No. WebAgawam Police Department (413) 786-4767 : 2 nd Vice President: Chief Christopher D. Delmonte Bridgewater Police Department (508) 697-0918: 3 rd Vice President: Chief John F. Carmichael, Jr. Newton Police Department (617) 796-2101: Sergeant-at-Arms: Chief Shane Woodson Southbridge Police Department (Dkt. He was eventuallychased down and taken into custody, Clark said. *6 The CBA establishes the standard work schedule for Plaintiffs. Both parties agree that Plaintiffs ale owed the difference, if any, between contractual overtime and FLSA overtime. art. Plaintiffs argue that roll call pay must be included with the other wage augments because it does not fall under any of the exceptions listed in 29 U.S.C. Although Plaintiffs state that they seek no further relief on this question (Dkt. 778.329, "alternating workweeks of different fixed lengths." Id. 74, Ex. As noted above, because Plaintiffs work a schedule that consists of four days on duty followed by two days off, within any particular calendar week they may work either forty hours or thirty-two hours. 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. McCarthy v. Nw. Town. . [8] Plaintiff's method of calculating the regular rate is clearly the better and fairer approach. Roll call pay must therefore be included in the regular rate calculation. "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." [This will] impact [the] ability to apply services, said Gillis. The other "approved method" for calculating the regular rate according to the Department of Labor's FLSA regulations is the "fixed weekly salary" method. Telecomms. 8 (emphasis added).) Both parties agree that Defendants' liability under the Act, if any, is to be calculated by comparing contractual and statutory overtime in specific weeks. Malone attended Manhattanville College in New York and Westfield State University. 41, 108L, "for furthering their education in the field of policework.". Clemens Pottery Co., 328 U.S. 680, 687, 66 S. Ct. 1187, 90 L. Ed. (Id. Instead, Defendants' lengthy submission includes numerous substantive arguments complete with citations to case law and federal regulations. Overall Scores for Depts where We Have Obtained the Most Data. Anthony Grasso, Officer Edward Conner, and Officer John Moccio have been fired from the Agawam Police Department. Both parties agree that Plaintiffs receive an annual salary intended to compensate 1950 hours per year. Email: passllc@comcast.net, About /Contact | 86, Scheduling Order 4.). ), The court will disregard any such conclusory statements, as well as purported statements of "fact" not properly supported by citations to the record. 31. D | E | F | 260. Mein Opp'n Summ. Click below to add data to the Scorecard. N/A Ruled in Favor of Civilians, N/A Reported 55% of all arrests were for low-level, non-violent offenses from 2013-21. | 2, Agreement 1.) Police also determined that the vehicle Pavone was driving was reported stolen out of Lawrence. 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. The "regular rate" is defined in 29 U.S.C. V | W | X | 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. At the time this motion was filed, no subsequent agreement had been negotiated, and the second CBA remained in force. Since the only work weeks presently at issue are the weeks during which Plaintiffs were scheduled to work forty hours, Defendants contend that the regular rate in this case should be calculated by dividing Plaintiffs' weekly pay by forty. at 282 n. 4 (noting that those officers who appear to follow a traditional seven-day schedule consisting of five days of duty followed by two days off receive additional time off during the year so that heir straight-time hours do not exceed 1950). See S. New Eng. The FLSA authorizes a court to issue injunctions for violations of 207. "We're all proud of him! 76, Defs.' 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. Gillis said, Reporting requirements will also be pretty significant. He described this as problematic because the reporting needs to be scrutinized and done at a command level. 217; see also 29 U.S.C. | . Latinx people were 3.2x more likely G | H | I | to be interpreted narrowly against the employer, and the employer bears the burden of showing that an exception applies." less force, make fewer arrests for low level offenses, solve | J | K | L | Davis has also been head coach of the South Hadley High School track and field and cross country teams since 2009. Id. 9 per 1k residents, ^ Higher Arrest Rate for Low Level Offenses than 22% of Depts. No. Over the span of his career, Deputy Chief DeWolf has demonstrated his dedication to the department and to the university, says Parham. Because roll call pay compensates Plaintiffs for time spent attending roll call, roll call time must also be incorporated in the regular rate formula. 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. "Bona fide meal periods are not worktime." 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." When Plaintiffs are required to attend court, they are guaranteed a minimum payment of four hours overtime under the CBA. 778.114, and thus the Town could not rely on this calculation method to claim an overpayment. . 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.

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