"l null .. CHARLES BAKER @66 g?i?a @?w?zlazdwe? GOVERNOR ?emanate. 470 W222 @22/ %ae?zwew 0/ 709 COLONEL KERRY A. GILPIN SUPERINTENDENT September 28, 2018 Trooper Dana Pullman, President State Police Association of Massachusetts 11 Beacon Street, Suite 700 Boston, MA 02108 Re: Union Release Time Dear SPAM President Pullman: As part of its ongoing effort to improve agency ef?ciency, integrity, and accountability, the Department has assessed current union release time practices and concluded that the same are inconsistent with, or in violation of, the Commonwealth-State Police Association of Massachusetts Collective Bargaining Agreement andfor Massachusetts law. As you are aware, SPAM is, pursuant to Article 6 of the CBA, authorized to distribute release time to its members from a ?xed pool of 10,000 hours for speci?c union activities. A review of Department records suggests that SPAM is, in its administration of Article 6, distributing release time for activities that are not authorized by the CBA and/or law. For example, SPAM has, including but not limited to, distributed full eight hour paid days of release time to members attending their own disciplinary appeals at the Civil Service Commission and enabled a SPAM member disciplined for misconduct (suspended or forfeiting accrued time) to receive additional and unauthorized compensation from the Commonwealth. Moreover, it appears that SPAM is authorizing and using release time (in full 8 hour increments) for members who are not scheduled to work for the Department, resulting in the improper accumulation and use of so- called ?days?off lost? or (accrued and used in eight hour increments). Additionally, I am informed that the authorization of two full-time paid union positions likely violates M.G.L. c. 32, which precludes payment of compensation and other bene?ts to Commonwealth employees who are assigned to represent an employee organization on a full- time or part-time basis. In addition to likely Violating M.G.L. c. 32, I am told that the payment of unwarranted wages and bene?ts almost certainly constitutes unlawful ?nancial Trooper Pullman, SPAM Pres. Page Two September 28, 2018 ?assist[ance] in the formation, existence or administration of an employee organization? within the meaning of, and as proscribed by, M.G.L. c. 150E, ?10. Effective immediately,l all release time, including full-time and part?time leaves, shall be administered in accordance with M.G.L. c. 32, and the lawful provisions of the CBA, with appropriate adjustments made to past compensation and accrued bene?ts improperly granted. The Department will also undertake a more comprehensive review of distributed SPAM release time to ensure compliance with Massachusetts law and the lawful provisions of Article 6, and Where appropriate, make adjustments to past compensation and accrued bene?ts improperly granted. To assist the Department in improving efficiency, integrity, and accountability, SPAM is, in relation to its use and distribution of release time, expected to adhere to Massachusetts law and the lawful terms of the CBA. With this in mind: All requests from SPAM for union release time, to be paid from the 10,000 hour pool, shall be submitted in writing with a minimum of two days advance notice; Every submitted request shall indicate the speci?c union leave matter authorized by the CBA for which release time is requested; (C) Troop or Section Commanders andXor Designees may approve only requested release time that is expressly authorized by the lawful terms of the CBA and only as those terms permit approving only those requests and/or speci?c number of requests enumerated as authorized union leave matters and only under the conditions required by the CBA). All other requests shall be denied and the Department shall continuously monitor and, when necessary, correct to achieve compliance; SPAM members granted release time shall use no more time than is actually necessary to complete the authorized union leave matter, and shall report to assignment as regularly scheduled and, when on approved release time, immediately return to work upon completion of the matter for which release time was granted; SPAM members on approved release time are not authorized to utilize Department resources for union business, including but not limited to, Department-issued vehicles; The unlawfulfimproper accumulation and/or use of will be immediately corrected and Pay Station codes for the same eliminated; and External auditors and the State Board of Retirement shall be asked to review the CBA for compliance with M.G.L. c. 32 and other applicable laws, rules, regulations, and policies. 1 The Department will, to comply with M.G.L. c. 32, and to afford SPAM and affected members time to plan, discontinue payment of the two (2) full?time paid positions referenced after the pay period ending on October 13, 2018. Trooper Pullman, SPAM Pres. Page Three September 28, 2018 In order to restore and maintain public trust and con?dence in the Massachusetts State Police, the Department and SPAM must continually strive to both be and do better. SPAM of?cers and members cannot continue to receive compensation and bene?ts from the Department to which they are not lawfully entitled. Article 6 of the CBA must, as both a matter of law and sound public policy, be implemented in compliance with M.G.L. c. 32, M.G.L. 0. 150B, ?10, and other applicable statutes. With this in mind, it is my sincere hope that SPAM will, effective immediately, conduct itself in accordance with applicable law and, pursuant to Article 26 of the CBA, strictly adhere to those provisions of Article 6 that are lawful. Sincerely, 4, Colonel Kerry A. Gilpin Superintendent cc: Barry J. O?Brien, Deputy Superintendent Patricia Lavin, Esq., Director of Employee Relations John Langan, Esq., Director of Com. Of?ce of Employee Relations