MEMORANDUM OF UNDERSTANDING BETWEEN MASSACHUSETTS DEPARTMENT OF STATE POLICE AND MASSACHUSETTS DEPARTMENT OF TRANSPORTATION This Memorandum of Understanding ( MOU ) is entered into and made effective this day of October, 2010 by and between the Massachusetts Department of Transportation (hereinafter MassDOT ) and the Commonwealth of Massachusetts, acting by and through the Department of State Police, (hereinafter State Police ). MassDOT and the State Police shall hereinafter be recognized as the Parties. WITNESSETH THAT: WHEREAS, M.G.L. c. 6C, 3, authorizes MassDOT to enter into agreements and transactions with federal, state and municipal agencies and other public institutions and entities on behalf of MassDOT, and; WHEREAS, M.G.L. c. 6C, 3 further authorizes MassDOT, among other things to own, use, police, administer, control and operate the state highway system, the metropolitan highway system and the turnpike, or any part thereof, and; WHEREAS, M.G.L. c. 22C, 29 as amended by Sections 22, 23, 24 and 25 of Chapter 25 of the Acts of 2009 authorizes and directs the Colonel of the State Police (hereinafter the Colonel ) to enter into an agreement with MassDOT for police services and that such agreement fix the legal and fiscal responsibilities pertaining to the operation and maintenance of police services provided by the State Police to MassDOT, and; WHEREAS, M.G.L. c. 22C, 29 requires that such agreement require the continuation of all terms and conditions of employment established under the applicable bargaining agreement for any member of the State Police providing police services to MassDOT, including, without limitation, the payment of any benefit or contribution, and; WHEREAS, M.G.L. c. 22C, 29 further requires that such agreement include a provision that all expenses incurred by the State Police in providing police services to the MassDOT, upon proper requisition, be paid by the MassDOT as such are incurred, and; WHEREAS, M.G.L. c. 22C, 29 states that all officers providing police services to the MassDOT shall at all times be under the operational, administrative and disciplinary control of the Colonel, and; WHEREAS, SECTION 180 of Chapter 25 of the Acts of 2009 directs the Colonel in consultation with the Secretary, to implement cost savings measures, including but not limited to those related to the payment of overtime expenses for members of the State Police providing police services. 1
NOW, THEREFORE, the Parties mutually agree to the following: 1. The Colonel in consultation with the Secretary of the Massachusetts Department of Transportation (hereinafter the Secretary ) shall determine the authorized and approved complement of troopers, non-commissioned officers, commissioned officers and staff officers to provide police services to MassDOT pursuant to M.G.L. c. 22C, 29 as amended. State Police members so assigned to MassDOT shall constitute Troop E and hereinafter be collectively referred to as Troop E. 2. The Colonel in consultation with the Secretary shall assign and deploy Troop personnel; provided that such assignments and deployments shall be consistent with law, regulation, policy, procedure and the terms and conditions of the applicable collective bargaining agreement. 3. The Colonel in consultation with the Secretary shall, from time to time, appoint a qualified member of the State Police to serve as the Troop E Commander. The Troop E Commander shall hold the same rank as all other State Police Troop Commanders. In the event of a vacancy the Colonel shall forward the names of those candidates whom the Colonel determines eligible and suitable to command the Troop, to the Secretary for review and consideration. The Secretary shall endorse a candidate of preference from the names presented. Absent justification to do otherwise, the Colonel shall appoint the candidate endorsed by the Secretary. 4. All State Police members assigned to Troop E without exception and at all times shall be governed by, remain subject to, and comply with the Rules and Regulations, Policies and Procedures and the Evaluation System of the State Police, and all applicable provisions of the general and special laws of the Commonwealth. In accordance with and subject to M.G.L. c. 22C, M.G.L. c. 150E, and all other relevant laws, this Agreement shall provide for the continuation of all terms and conditions of employment established under the applicable collective bargaining agreement between the Commonwealth and the exclusive bargaining representative for members of the State Police providing police services pursuant to this Agreement. 5. All State Police members assigned to Troop E are employees of the State Police. The MassDOT shall not be obligated under any contract, subcontract, or other commitment made by the Commonwealth of Massachusetts State Police or Troop E, except as provided in this Agreement. The Commonwealth of Massachusetts Department of State Police, pursuant to M.G.L. c. 258 1 et seq., shall be responsible for any liability to third parties resulting from, arising out of, or relating to the negligent or wrongful actions and/or omissions of State Police members while in the course of their employment or occurring during its performance of the work under this Agreement. 2
6. The Parties agree that Troop E shall provide police protection for the following MassDOT properties and facilities: Interstate Route 90, Callahan, Sumner, CANA and Ted Williams Tunnels, Metropolitan Highway System and all related access roadways and ramps, as well as any other properties mutually agreed upon by the Colonel and the Secretary. Effective January 1, 2010 at 12:00 a.m., Troop E shall also provide police services for the Maurice J. Tobin Memorial Bridge and its related access roadways and ramps. 7. Subject to MassDOT budget approval, MassDOT shall regularly transfer sufficient funds to the State Police, through an intergovernmental transfer process approved by the Colonel, Secretary, and the Comptroller, as reimbursement for any and all payments, regardless of expenditure classification, made by the State Police to, or on behalf of, any member assigned to Troop E, whether regularly or temporarily assigned. The Parties agree that the funds transfer process shall be timely, transparent, and consistent with the Commonwealth s standing accounting principles. MassDOT agrees to provide the State Police with a written report demonstrating the approved funding for Troop E operations for the following fiscal year. MassDOT agrees to provide this report within 60 days prior to the beginning of each fiscal year. The State Police agrees that MassDOT may review and/or audit any and all documents or other materials that form the basis for reimbursement under this MOU. The State Police agrees to fully cooperate with any such audit. Nothing in this paragraph is intended to alter or abrogate the provisions of Paragraph 5 of this Agreement. 8. The Parties agree that in the event a member of Troop E who is approved by the Board on Claims as being injured in the line of duty ( ILD ) and who is placed on ILD status shall after 30 days be automatically transferred, without the need for further action by MassDOT, onto the State Police main account pending his/her return to full duty (hereinafter, the Transfer Period ). During the Transfer Period, the Department of State Police shall be responsible for all costs associated with that member, including but not limited to the member's salary, benefits, medical expenses, and all other treatment related expenses. When said member is cleared for full duty he/she shall assume his/her regular assignment at Troop E. 9. If a member permanently separates from employment with the State Police, the Parties agree to the following allocation of responsibility with regard to sick leave and vacation time earned and accrued by any such member: (1) MassDOT shall only be responsible for sick leave earned and accrued, by any such member during his service, if any, at Troop E, regardless of service dates; (2) MassDOT shall only be responsible for vacation leave earned and accrued, by any such member during his service, if any, at Troop E, regardless of service dates; (3) the State Police shall only be responsible for the sick and vacation leave earned and accrued, by any such member during his non-troop E service with the State Police, if any, regardless of service dates. Such buybacks shall be consistent with rates contained in the terms and conditions of employment established under 3
the applicable collective bargaining agreement and/or M.G.L. c. 22C for any such member. 10. Subject to MassDOT budget approval, MassDOT shall provide and equip at its expense appropriate facilities and troop headquarters (hereinafter called police facilities ) at suitable locations for Troop E, as determined by the Secretary and the Colonel. 11. The MassDOT shall employ and compensate such civilian employees as determined by the Secretary of MassDOT as may be necessary to staff Troop E facilities and assist in the efficient management of Troop E. Such civilian employees shall work under the supervision of the Troop Commander but shall remain MassDOT employees. 12. Subject to MassDOT budget approval, the MassDOT shall provide each Troop E member a suitable police motor vehicle, comparable to those police motor vehicles provided to other members of the State Police, and shall maintain and provide fuel, equipment and suitable communications equipment for such motor vehicles at its expense and in accordance with the current practices of the State Police. If the Secretary determines that cruisers shall no longer be provided to members of Troop E, a per diem shall be implemented in accordance with the applicable State Police collective bargaining agreement; in such event MassDOT shall pay said per-diem. 13. In the event the Secretary determines that an emergency situation exists or is imminent within the Troop E jurisdiction the Secretary may request the Colonel to temporarily assign additional personnel to Troop E. In the event the Colonel authorizes such additional deployment, MassDOT agrees to pay the costs and expenses associated with such temporary assignments for the duration of such period, unless otherwise agreed to by the Parties. 14. In the event the Colonel determines it is necessary to respond to an emergency beyond the jurisdictional boundaries of Troop E and does so by temporarily reassigning Troop E members, the State Police agree to satisfy all costs and expenses associated with such temporary reassignments for the duration of such period, unless otherwise agreed to by the Parties. 15. If any dispute shall arise under this Agreement that cannot be resolved by the Parties, such dispute shall be referred to the MassDOT Secretary of Transportation, and the Commonwealth s Secretary of Public Safety and Security, together with a memorandum prepared jointly by the respective Parties summarizing the relevant facts of the dispute. The Parties shall be bound by the collective and mutual decision(s) of said Secretaries. 16. This Agreement shall become effective upon its mutual execution by the Parties and shall remain in force until terminated by either or both parties; provided 4
however, that either Party may terminate this Agreement only upon written notice, one year in advance of the date upon which said Party desires to terminate the Agreement. 17. This Agreement may be amended only by written agreement of the Parties. IN WITNESS WHEREOF, as of October, 2010, the Parties hereto have caused this Agreement to be duly executed as a sealed instrument as of the date first above written. MASSACHUSETTS DEPARTMENT OF TRANSPORTATION Jeffrey B. Mullan Secretary and Chief Executive Officer Massachusetts Department of Transportation Dated: MASSACHUSETTS DEPARTMENT OF STATE POLICE Colonel Marian J. McGovern Superintendent Massachusetts Department of State Police Dated: 5