[Ord. No. 96-7, § 1, 3-20-1996; Ord. No. 03-06, § 1, 3-5-2003]
When used in this chapter, the following terms shall have the
meanings indicated:
Shall include the collection of sick or disability benefits
or paychecks, affairs normally incident to an officer's residence
in the Town or need to access the public services of the Town, or
administrative or union meetings or affairs; provided, however, that
the term "business" shall exclude activities performed in the normal
course of an officer's work and social activities.
The retirement of an officer pursuant to injuries and/or
illnesses incurred in the line of duty pursuant to G.L. § 45-19-19.
To have suffered an injury or contracted an illness in the
line of duty or while performing police duties. It shall be presumed
that a heart related condition (excluding hypertension) suffered by
an officer is related to the performance of police duties. An officer
in IOD status will be treated in accordance with G.L. § 45-19-1.
Any injury or illness, caused by an incident or trauma, or
series thereof, which is demonstrated to a reasonable degree of medical
certainty based on the factual and medical evidence to have occurred
during the performance of police duties. Any officer who suffers from
a heart related condition (excluding hypertension) is presumed to
have suffered that injury/illness in the line of policy duty.
A temporary police work assignment for a period not to exceed
six months excluding, at least, patrol duties and other duties not
set forth in the collective bargaining agreement between the union
representing the officers and the Town and the Rules and Regulations
of the Cumberland Police Department, as amended, but which may include
administrative duties normally expected of a police officer.
Shall include all sworn officers of the Town of Cumberland
Police Force.
The performance of the full range of duties regularly expected
of a police officer as set forth in the collective bargaining agreement
between the union representing the officers and the Town and the Rules
and Regulations of the Cumberland Police Department, as amended. It
is further understood that any physician performing a medical examination
or participating in a medical arbitration pursuant to this article
will be provided with a copy of the specific sections of the Rules
and Regulations which relate to the full range of duties expected
of a police officer when determining the disability of any police
officer.
Shall include medical doctors and psychologists.
The retirement of any officer who has completed 20 years
of service for the Town and up to 26 years of service pursuant to
the collective bargaining agreement between the union representing
the officers and the Town.
The retirement of any officer who is injured and/or incurs
illness not in the line of duty; has completed at least 12 years of
service for the Town; and is capable of performing the full range
of duties expected of a police officer. Such officer will be retired
pursuant to Town ordinances and any officer who has completed 90%
of the time required for regular retirement (i.e., from 18 years of
service up to 19 years and 364 days of service) will be retired as
if that officer had completed 20 years of service, to wit, 50% of
the officer's highest base annual pay paid over a thirty-six-month
period prior to his/her retirement date or termination of service,
if earlier.
The inability to perform police duties because of an injury
or illness suffered by the officer.
[Ord. No. 96-7, § 1, 3-20-1996]
Any officer who suffers an injury or illness in the line of
duty and is incapable of performing police duties may be placed on
disability retirement under the following procedure:
(a)
(1)
Any officer who remains absent from work for six consecutive
months in an injured on duty status (IOD) or who, at any time, petitions
for a disability retirement under this section shall, at the request
of the Town, submit to a medical examination by a physician of the
Town's choosing. The medical examination may include a psychiatric
or psychological examination if the officer claims that his or her
illness or injury is related to any mental condition or mental illness,
or, if the examining physician deems such an examination reasonably
necessary to determine whether the officer is disabled.
(2)
The cost of the examination shall be borne by the Town.
(3)
If the officer's treating physician and the Town's physician agree that the officer has, or has not, become incapable of performing police duties as defined in § 22-26, the determination shall be binding upon the parties and the officer will either return to duty or be placed on disability retirement according to this determination.
(b)
At the Town's request, any officer who has been absent from work
for 14 consecutive work days or more shall provide to the Town (i)
all medical records relating to the absence by treating or diagnosing
physicians or hospitals, including records of diagnostic tests, or
(ii) a medical records release allowing the Town to obtain the medical
records directly. The Town shall cause copies of records it obtains,
by virtue of such a release, to be sent to the officer. The Town shall
keep all records under seal and absolutely confidential and these
records may only be reviewed by the Mayor, the Chief of Police, the
Town's selected physician, and the Town's legal counsel. Any further
review of medical records must be done with the officer's express
written consent.
[Ord. No. 96-7, § 1, 3-20-1996]
(a)
In any case in which a neutral examining physician is to be selected,
the parties will utilize the following procedure:
(1)
The Town's physician and the officer's physician shall select
the physician to conduct the examination of the officer (i.e., the
neutral physician). Whenever possible, the neutral physician shall
be employed by or have privileges at a teaching hospital in the state
or the Commonwealth of Massachusetts. The officer's physician, after
consultation with his patient, and the Town's physician, after consultation
with Town authorities, shall select the neutral hospital and the neutral
physician who has privileges or is employed by that hospital. The
parties shall utilize the neutral hospital to the extent that the
services of said hospital are needed in connection with the examination.
If the Town's physician and the officer's physician cannot agree on
a neutral physician, then the parties shall select a teaching hospital
in the state or the Commonwealth of Massachusetts by some mutually
agreeable selection process. The hospital selected will then be utilized
and the hospital staff will then select the physician to conduct the
examination.
(b)
The Town shall identify in writing to the officer and his/her representative
the records which it intends to submit to the neutral physician. Within
14 days of the receipt of such notice, the officer may demand in writing
that the Town submit to the neutral physician specific additional
documents which the officer believes should be considered by the neutral
physician. The officer shall provide the additional documents to the
Town, unless the Town and the officer agree that the Town already
has the documents in its possession. Upon the expiration of the 14
days, the Town shall submit the documents, including any designated
by the officer, to the neutral physician.
(c)
No information in addition to that submitted to the neutral physician pursuant to Subsection (b) of this section shall be submitted to the neutral physician unless there was a significant oversight in the documents submitted by either party or there are significant medical developments between the time of the original submission of information and the time of the examination. In the event of such circumstances and/or developments, relevant medical records must be submitted by the party seeking to have the neutral physician consider the records to the other side and the neutral physician at least 48 hours before the examination. Neither the Town nor the officer shall communicate with the neutral physician prior to the examination except as necessary to schedule the examination and to forward medical records and documents for the neutral physician's consideration.
(d)
The neutral physician and the officer shall schedule the examination.
The examination shall take place as soon as possible. The officer
shall be required to attend the examination as scheduled unless a
bona fide emergency prevents the Officer from attending. In the event
of such an emergency, the officer shall give notice to the Town and
the neutral physician at the earliest possible opportunity and a new
examination date shall be agreed upon.
(e)
The results of the examination shall be mailed to the Town, the officer,
and their physicians.
(f)
If the officer does not attend, or refuses to attend, or to cooperate,
in the scheduling or conduct of the examination, the officer shall
be deemed fit for duty. In such circumstances, the Town shall notify
the officer of his or her fitness for duty and obligation to report
for duty.
(g)
(1)
The neutral physician shall determine whether the factual and medical evidence demonstrates to a reasonable degree of medical certainty that (i) the officer is incapable of performing the full range of police duties expected of an officer as defined in § 22-26; and (ii) the officer became disabled in the course of performing police duties. The neutral physician's determination shall be binding on the Town and the officer. In cases of heart related conditions, excluding hypertension, the neutral physician will be advised that (i) under the collective bargaining agreement between the union representing the officers and the Town, a heart related condition, excluding hypertension, is presumed to have occurred in the performance of police duties, and (ii) the presumption is rebuttable to the extent that the factual and medical evidence demonstrates to a reasonable degree of medical certainty that the heart condition is not related to the performance of police duties.
(2)
If the neutral physician finds that the officer has become totally disabled in the course of performing his or her official duties, the Town shall process the officer for disability retirement as set forth in § 22-29.
(3)
If the neutral physician finds the officer fit for duty, the
officer shall report for duty within 48 hours after receiving the
physician's finding. If the officer fails to so report, he or she
shall be deemed, to have voluntarily resigned his or her position.
(4)
If the neutral physician determines that the officer is incapable of performing the full range of duties normally expected of a police officer as defined in § 22-26 but the medical and factual evidence does not show within a reasonable degree of medical certainty that the officer's injury or illness was caused in the performance of police duties, the officer shall not be required to return to duty but the following options will be considered:
a.
The officer may be processed for retirement and, if eligible,
receive a retirement due to health related conditions; if the officer
is not eligible (less than 12 years' service), then the officer would
be entitled to any retirement benefits to which he or she would be
entitled to under state law, Town ordinance, or the collective bargaining
agreement.
b.
The officer may request light duty in lieu of immediate retirement, if medically capable. Any request for light duty shall be reviewed by the Chief of Police. In deciding whether to grant an officer's request for light duty, the chief shall have broad discretion but said discretion shall not be arbitrarily exercised. If the chief grants the request, upon the expiration of six months of light duty or sooner if the light duty assignment ends sooner, the officer shall submit himself/herself for an examination by the neutral physician to determine whether the officer is capable of performing police duties as defined in § 22-26.
c.
If the officer has at least three months of sick leave on the books, the Town may elect to allow the officer to utilize all said sick time and, at the expiration of said sick time, to be reexamined by the neutral physician to determine if the officer is capable of performing the full range of police duties as outlined in § 22-26. If the officer is incapable of performing the full range of police duties as outlined in § 22-26, then the officer may be processed for a retirement due to health related conditions, if eligible, and if ineligible, will be afforded any retirement benefits to which he or she may be entitled under state law, Town ordinance, or the collective bargaining agreement.
[Ord. No. 96-7, § 1, 3-20-1996]
(a)
Any officer disabled while performing police duties shall receive
a disability retirement of at least 66 2/3% of the officer's
annual salary at the time of his or her disability retirement in accordance
with G.L. § 45-19-19.
(b)
Any officer receiving disability benefits under Subsection (a) of this section shall also receive (i) the same health coverage benefits as an officer receiving a normal retirement pension in accordance with the collective bargaining agreement in effect at the time of disability retirement between the union representing the officers and the Town; and (ii) to the extent required by state law, payment for medical expenses arising out of the injury or illness which caused the officer to retire.
(c)
If an officer with less than 20 years' service on the Cumberland Police Department receives a disability retirement, and between the 20th and 26th anniversary of that officer's entry to the police department, it is found, pursuant to a disability retirement evaluation performed pursuant to § 22-31, that the factual and medical evidence demonstrates to a reasonable degree of medical certainty that the officer is capable of performing police duties as outlined in § 22-26, the officer shall have the option to either return to duty, or be processed for regular retirement based upon on the number of years served, including the time on disability. The retirement benefit calculation shall be made pursuant to the collective bargaining agreement and the applicable Town pension ordinance as if that officer were retiring as having served continuously from the date of appointment as a Cumberland police officer to the date of regular retirement.
[Ord. No. 96-7, § 1, 3-20-1996]
(a)
When a police officer has been injured or suffered an illness, but
has not been placed on disability retirement, the Town may elect,
or the officer may request, to have the officer perform light duty
if medically capable. Any request for light duty shall be reviewed
by the Chief of Police. In deciding whether to grant an officer's
request for light duty, the chief shall have broad discretion but
said discretion shall not be arbitrarily exercised. Light duty may
be served by an injured or ill officer regardless of whether the officer
incurred the illness or injury in the performance of police duties
or not.
(b)
No officer shall be required to accept a light duty assignment that
would exacerbate his or her condition or materially interfere with
his or her recovery. The chief will outline, in writing, the light
duty proposed for the officer. The officer will then consult with
his or her treating physician to determine if the officer is capable
of performing the proposed duties and if the duties will exacerbate
the officer's condition or materially interfere with his or her recovery.
(c)
The Chief of Police shall be vested with the discretion to decide,
in each instance, whether it is in the best interest of the Town to
request an officer to perform light duty and to propose a light duty
program.
[Ord. No. 96-7, § 1, 3-20-1996]
(a)
At the Town's discretion, any officer on disability retirement shall be subject to an annual medical examination to verify the officer's medical condition and to determine whether the officer is still incapable of performing the full range of police duties normally expected of a police officer as defined in § 22-26. The Town shall have the right to waive the annual examination requirement for an officer when the nature of the officer's disability clearly demonstrates that the officer remains incapable of performing the full range of duties expected of a police officer.
(b)
A physician selected by the Town shall perform the examination. If the Town's physician notifies the Town that the factual and medical evidence demonstrates to a reasonable degree of medical certainty that the officer is capable of returning to police duties as defined in § 22-26, the Town shall so notify the officer in writing within 15 days of receiving such notice. Within 30 days of receiving notice from the Town, the officer may submit to the Town a medical opinion from the officer's treating physician regarding the officer's ability to perform the full range of police duties as defined in § 22-26. Both medical opinions shall set forth the factual and medical evidence, including any test results, upon which the physician relies in basing his/her opinions. If the two physicians agree that the officer is capable of performing police duties as defined in § 22-26, then the officer will be returned to duty unless processed for a regular retirement in accordance with § 22-31(c). If the two physicians do not agree, the parties will follow the procedure for the selection of, and examination of, the officer by a neutral physician, in accordance with § 22-28 of this chapter.
(c)
If the neutral physician finds that the factual and medical evidence demonstrates to a reasonable degree of medical certainty that the officer is capable of performing the full range of police duties as outlined in § 22-26, then the Town may require the officer to report to duty within 48 hours. If the officer's time of service, including the time of disability, is more than 26 years, the Town shall process the officer for a regular retirement in lieu of reporting for duty. If the officer's time of service, including the time of disability, is at least 20 years, but not more than 26 years, the officer may elect to be placed on regular retirement in lieu of reporting for duty. The retirement benefit calculation shall be made pursuant to the collective bargaining agreement and the applicable Town pension ordinance as if that officer were retiring as having served continuously from the date of appointment as a Cumberland police officer to the date of regular retirement.
If the officer's time of service, including any periods of disability,
is less than 20 years of service and he or she fails to report for
duty, he/she shall be deemed to have voluntarily resigned and will
receive whatever benefits and credits the officer is entitled to under
Town ordinance, state law and the collective bargaining agreement.
(d)
If the neutral physician finds that the factual and medical evidence demonstrates to a reasonable degree of medical certainty that the officer is incapable of performing the full range of police duties as outlined in § 22-26, then the officer will remain on disability retirement unless a future examination determines that the officer is capable of performing the full range of police duties as defined in § 22-26.
(e)
(1)
The Town shall pay for the cost of the examination by its physician.
The Town will also pay the reasonable travel expenses incurred by
the officer to attend said examination if the officer legally resides
outside of New England and (i) must travel to New England for the
exams, or (ii) must travel more than 50 miles from his or her legal
residence to the place of exam if said examination is not conducted
in New England. In lieu of paying travel expenses, the Town may select
a physician within a fifty-mile radius of where the officer is then
residing to conduct the examination. Any officer who legally resides
outside of New England shall notify the Town if he or she intends
to be in New England at or about the time the officer is due for his
or her annual examination so that the Town can attempt to schedule
the examination to coincide with the officer's presence in New England
in order to avoid having to pay the reasonable travel expenses of
another trip to New England. The Town will then either (i) notify
the officer that they will set an examination at a mutually convenient
time while the retired officer is in New England; (ii) notify the
officer that the Town reserves its right to set an examination for
the current year at a time other than when the retired officer is
in New England, subject to the remaining provisions in this Subsection
(e)(1); or (iii) waive the requirement for an examination in the current
year.
(2)
The Town shall pay for the examination by the neutral physician,
but the officer shall be responsible for any costs that he/she must
incur to make him/herself available for the examination by the neutral
physician.
[Ord. No. 96-7, § 1, 3-20-1996]
(a)
If a determination is made pursuant to § 22-28 that the factual and medical evidence demonstrates to a reasonable degree of medical certainty that an officer suffered an injury or illness not in the line of duty, (or if the parties agree that the illness or injury was not in the line of duty) and the officer is incapable of performing police duties, the officer will be afforded those procedures outlined in § 22-28(g)(4) and will be entitled to all rights and benefits allowed by this particular article, the collective bargaining agreement, Town ordinances and state law.
(b)
To ascertain the condition of any officer who has remained absent from work for 14 consecutive work days, the Town may require the officer to provide it with medical records in the manner set forth in § 22-27(b).
(c)
If an officer has exhausted his or her sick leave but not returned
to work, the Town may require the officer to submit to an examination
by a physician chosen by the Town. The medical examination may include
a psychiatric examination if the officer claims that his or her absence
from work is related to any mental condition or mental illness or
if the examining physician deems such an examination reasonably necessary
to determine whether the officer is disabled. The cost of the examination
shall be borne by the Town.
(d)
Any officer who has suffered an injury or illness not incurred in the performance of police duties and who is incapable of returning to the full range of police duties outlined in § 22-26, may be processed for retirement for health related conditions as defined in § 22-26. It is understood that an officer, to be eligible to retire for health related conditions, must have completed 12 years of service prior to his or her sustaining a non-work related injury or illness. Any officer completing said 12 years of service (60% of the total time needed for normal retirement) shall have his or her pension prorated for the time of service against the total time necessary to retire. By way of example, if an officer sustained a non-work related injury or illness and has served for 12 years on the Cumberland Police Department, that officer will receive a disability pension benefit equal to 60% of the pension benefit available to him/her at the time of disability retirement; and an officer who has completed at least 90% of the time required (i.e., at least 18 years) will be retired as if that officer had completed 20 years' service, to wit, 50% of the officer's annual pay computed on the three consecutive highest years of earnings.
(e)
If an officer has been retired due to health related conditions and has not yet attained the 20th anniversary of his/her entry into the department, the officer or the Town may elect to have the officer examined on an annual basis to determine whether the officer remains incapable of performing the full range of police duties as outlined in § 22-26. Within that period, the parties will follow the disability retirement evaluation procedure as outlined in § 22-31.
[Ord. No. 96-7, § 1, 3-20-1996]
If an officer is receiving compensation (i.e., disability or
sick leave benefits) while unable to work or is otherwise absent from
work on an unpaid leave, the officer shall only visit the police station
to transact normal business.
[Ord. No. 96-7, § 1, 3-20-1996]
Any police officer taking prescription medication which can
impair the officer's performance of his or her job duties shall report
the same to the chief. The officer shall provide a written prescription
from a physician or pharmacist of the type of medication, potential
side effects, and any restrictions which should be placed on the officer
while taking the medicine. The chief shall keep confidential any information
about such medication and shall not disclose it except to the Mayor,
those other officers who have a need to know, the Town's physician,
and the Town's solicitor or attorney.
[Ord. No. 96-7, § 1, 3-20-1996]
(a)
In additions to the annual medical examination referenced in § 22-31, an officer who is receiving disability retirement benefits because of an illness contracted or an injury suffered in the line of duty (i.e., 66 2/3% pursuant to G.L. § 45-19-19; this section does not apply to officers retired due to health related conditions) shall complete and return to the Town an employment history form prepared and supplied by the Town; the Town will forward this form to the officer annually and, preferably, at the anniversary date of the commencement of the officer's disability retirement; and the officer shall complete said form and return it to the Town treasurer within 10 days after receipt thereof. The employment history form will require the officer to indicate his/her work status; the name of his/her employer; the type of position held and the duties required of said position; and the addresses and telephone numbers of any employers. The Town shall have the right to submit the completed form to any physician examining the officer during any annual physical examination pursuant to § 22-31 for consideration in determining whether the officer is capable of performing the full range of police duties pursuant to § 22-26. The performance of job duties which require body strength, agility, physical stamina, and physical and mental abilities similar to the full range of police duties as defined in § 22-26 may be considered as evidence by the examining physician.
(b)
A determination by the Town's physician that an officer is capable of returning to full duty, based in whole or in part on the performance of similar job duties, shall be subject to the medical arbitration procedure set forth in § 22-28. When a determination is made by any physician that an officer is capable of returning to full duty, and the physician considered the performance of similar job duties in making that determination, said physician must specifically indicate that he/she has considered not only the performance of the duties of the retired officer's present occupation, but also he/she has considered the full range of duties expected of a police officer as outlined in the Rules and Regulations of the Cumberland Police Department after reviewing the pertinent rules and regulations which describe the full range of duties.
(c)
An officer who is receiving disability retirement benefits because
of an illness contracted or an injury suffered in the line of duty
(i.e., 66 2/3% pursuant to G.L. § 45-19-19; this section
does not apply to those officers retired due to health related reasons)
within 10 business days of January 1 of each year, shall report in
writing to the Town the amount he/she has earned from employment during
the 12 preceding months. The officer shall send the financial report
to the Town treasurer or finance director. If the amount earned from
employment by the individual officer in any calendar year exceeds
150% of the current salary of the position from which the officer
retired, the Town shall reduce the disability benefits paid to the
officer in the next calendar year by an amount equal to the amount
by which the officer's earnings exceeded 150%. This calculation will
be made on a yearly basis.
