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This Section would allow parents of school-aged pupils in kindergarten and grades one to 12 an opportunity to spend up to three days per year for school visits if the employee, prior to taking off, gives reasonable notice to the employer of the planned absence of the employee. The Section would require an employee to utilize existing vacation, personal leave or compensatory time off for purposes of this planned absence, unless otherwise provided by a collective bargaining agreement, and/or agreed upon by the employee and employer and, if requested by the employer, to provided documentation, as prescribed, from the school as proof of these visits. All employers, notwithstanding staff size, are encouraged to grant employees up to three days per year with pay.
(CBC 1985 12-13.2; Ord. 1994 c. 13 § 2)
(A) No employer, who employs 25 or more employees working at the same location, shall discharge or in anyway discriminate against an employee who is a parent or guardian of any child in kindergarten or grades one to 12, inclusive, for taking off up to three days each school calender to visit the school of the pupil(s), if the employee, prior to taking time off, gives clear and reasonable notice to the employer of the planned absence of the employee. An employee shall utilize existing vacation, personal leave or compensatory time off for purposes of this planned absence, unless otherwise provided by a collective bargaining agreement. The employee, if requested by the employer, shall provide documentation from the school as proof that he or she visited the school on a specific date and at a particular time. For purposes of this Subsection,
DOCUMENTATION shall mean whatever written verification of a parental visit the school deems appropriate and reasonable.
(B) Any employee who is discharged, demoted, threatened, suspended or in any other manner discriminated against in terms and conditions of employment by his or her employer because the employee has taken time off to visit the school or his or her child pursuant to the intent of this Section shall be immediately entitled to reinstatement and reimbursement of lost wages and work benefits caused by the acts of the employer. Any employer who willfully refuses to rehire, promote or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure, arbitration or hearing authorized by law, shall be subject to a civil penalty in an amount equal to five times the amount of the employee’s lost wages and work benefits.
(CBC 1985 12-13.3; Ord. 1994 c. 13 § 3)
(A) The General Laws authorize protective custody for incapacitated persons (M.G.L. Chapter 111B, Section 8). Incapacitated persons include those intoxicated individuals that are unconscious, in need of medical attention, likely to suffer physical harm, or likely to cause physical harm. In an effort to eliminate confusion, it is important to acknowledge that protective custody is not the legal equivalent of arrest/institution of criminal charges. Although detailed records of the event must be maintained, such records are not criminal records and are not treated as criminal records.
(B) Furthermore, an alcohol-related arrest may occur simultaneously with protective custody. Although arrest procedures run concurrently with protective custody measures, they are separate and distinct. Therefore, a person arrested for OUI (a criminal offense) has the right to bail and release. If, however, such person is a danger to himself or herself as a result of intoxification, then, despite the posting of bail, protective custody (i.e., not an arrest) may be triggered and such incapacitated person will not be released until such incapacitation dissolves and the person no longer poses a risk to himself or herself or the community. The legislative intent of this Section is derived from this risk, and the city seeks to protect incapacitated persons and the community from the myriad harms that could result from incapacitation due to intoxification by strictly employing the protective custody procedures authorized by M.G.L. Chapter 111B. The legislative intent is effected by the provisions of this Section which track the language of M.G.L. Chapter 111B, Section 8.
(CBC 1985 12-14.1; Ord. 2005 c. 3)
For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FACILITY. Any public or private place, or portion thereof, providing services especially designed for the detoxification of intoxicated persons or alcoholics (M.G.L. Chapter 111B, Section 3).
INCAPACITATED. The condition of an intoxicated person who, by reason of the consumption of intoxicating liquor is:
(1) Unconscious;
(2) In need of medical attention;
(3) Likely to suffer or cause physical harm or damage property; or
(4) Disorderly (M.G.L. Chapter 111B, Section 3).
(CBC 1985 12-14.2; Ord. 2005 c. 3)
(A) Any person who is incapacitated shall be assisted by Police Officer with or without such person’s consent to his or her residence, to a facility or to a Police Station. To determine, for purposes of these Sections only, whether or not such person is intoxicated, the Police Officer may request the person to submit to reasonable tests of coordination, coherency of speech and breath.
(B) Any person assisted by a Police Officer to a Police Station shall have the right, and be informed in writing of said right, to request and be administered a breathalyzer test. Any person who is administered a breathalyzer test shall be presumed intoxicated if evidence from said test indicates that the percentage of alcohol in his or her blood is ten one hundredths (0.10) or more and shall be placed in protective custody at a Police Station or transferred to a facility. Any person who is administered a breathalyzer test, under this Section, shall be presumed not to be intoxicated if evidence from said test indicates that the percentage of alcohol in his or her blood is five one hundredths (0.05) or less and shall be released from custody forthwith. If any person who is administered a breathalyzer test, under this Section, and evidence from said test indicates that the percentage of alcohol in his or her blood is more than five one hundredths (0.05) and is less than ten one hundredths (0.10) there shall be no presumption made based solely on the breathalyzer test. In such instance, a reasonable test of coordination or speech coherency must be administered to determine if said person is intoxicated. Only when such test of coordination or speech coherency indicates said person is intoxicated shall he or she be placed in protective custody at a Police Station or transferred to a facility.
(C) Any person presumed intoxicated and to be held in protective custody at a Police Station shall, immediately after such presumption, have the right and be informed of said right to make one phone call at his or her own expense and on his or her own behalf. Any person assisted by a Police Officer to a facility under these Sections shall have the right to make one phone call at his or her own expense on his or her own behalf and shall be informed forthwith upon arriving at the facility of said right. The parent or guardian of any person, under the age of 18, to be held in protective custody at a Police Station shall be notified forthwith upon his or her arrival at said station or as soon as possible thereafter.
(D) If any incapacitated person is assisted to a Police Station, the Officer in charge, or his or her designee, shall notify forthwith the nearest facility that the person is being held in protective custody. If suitable treatment services are available at a facility, the commonwealth’s Department of Public Health, in accordance with M.G.L. Chapter 111B, shall thereupon arrange for the transportation of the person to the facility in accordance with the provisions of M.G.L. Chapter 111B, Section 7.
(E) No person assisted to a Police Station pursuant to these Sections shall be held in protective custody against his or her will; provided, however, that if suitable treatment at a facility is not available, an incapacitated person may be held in protective custody at a Police Station until he or she is no longer incapacitated or for a period of not longer than 12 hours, whichever is shorter.
(F) A Police Officer acting in accordance with the provisions of these Sections and in accordance with the provisions of M.G.L. Chapter 111B may use such force as is reasonably necessary to carry out his or her authorized responsibilities. If the Police Officer reasonably believes that his or her safety or the safety of other persons present so requires, he or she may search such person and his or her immediate surroundings, but only to the extent necessary to discover and seize any dangerous weapons which may on that occasion be used against the Officer or other person present; provided, however, that if such person is held in protective custody at a Police Station all valuables and all articles which may pose a danger to such person or to others may be taken from him or her for safekeeping and if so taken shall be inventoried.
(G) A person assisted to a facility or held in protective custody by the Police pursuant to the provisions of these Sections and M.G.L. Chapter 111B, Section 8, shall not be considered to have been arrested or to have been charged with any crime. An entry of custody shall be made indicating the date, time, place of custody, the name of the assisting Officer, the name of the Officer in charge, whether the person held in custody exercised his or her right to make a phone call, whether the person held in custody exercised his or her right to take a breathalyzer test, and the results of the breathalyzer test if taken, which entry shall not be treated for any purposes, as an arrest or criminal record.
(CBC 1985 12-14.3; Ord. 2005 c. 3)
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