ARTICLE 3: MANAGEMENT RIGHTS

Hire, promote, transfer, assign, reassign, appoint, reappoint, retain, reduce in force or lay off employees in positions covered by this bargaining unit who are full-time employees of the Borough, and for cause to suspend, demote, discharge, or take other disciplinary action against such employees;

Abolish any such positions for reasons of economy, efficiency, change in the organizational structure of the employer, or for any other good cause;

Maintain the efficiency of the Borough operations entrusted to the Borough Manager;

Determine the methods, means, and personnel by which all borough operations are to be conducted;

Take whatever actions may be necessary to carry out the mission of the Borough in any situation or emergency;

Take and prepare any actions that are necessary to effectively carry out the responsibilities of the Borough in police functions;

The rights of the Borough shall include, but not be limited to, the provisions set forth above in paragraph and it is agreed that these enumerations of management rights shall not be deemed to exclude other rights not enumerated;

It is understood by all parties that under the rulings of the Courts of New Jersey, the Borough is forbidden to waive any rights or powers granted to it by law.

ARTICLE 4: WORK CONTINUITY

The employees covenant and agree that during the term of this agreement neither the employees, nor any member of the bargaining unit, nor any person acting on its behalf will cause, authorize, or support, nor will any of its members take part in any strike (i.e. the concerted failure to report for duty, or willful absence of employee from their position, or stoppage of work or abstinence in whole or in part, from the full, faithful, and proper performance of the employees’ duties of employment), work stoppage, slowdown, or walkout.

The employees agree that they will do everything in their power to prevent any members from participating in any strike work stoppage, slowdown or other activity aforementioned including, but not limited to, publicly disavowing such action and directing all such members who participate in such activities to cease and desist from same immediately and to return to work, along with such other steps as may be necessary under the circumstances, and to bring about compliance with its order.

In the event of a strike, slowdown, or walk-out, it is covenanted and agreed that participation in any such activity by the employees shall entitle the Borough to take appropriate disciplinary action including possible discharge in accordance with applicable law.

Nothing contained in this agreement shall be construed to limit or restrict the Borough in its right to seek and obtain such judicial relief as it may be entitled to have in law or in equity for injunction or damages, or both, in the event of such breach by the employees.

Definition: The term "grievance" as used herein means any controversy arising over the interpretation of adherence to the terms of this agreement that may be raised by an employee. The purpose of this procedure is to secure, at the lowest possible level, an equitable solution to allegations which may arise regarding violations of this agreement. The parties agree that this procedure will be kept as informal as may be appropriate.

Time Limits of the Grievance Procedure: The time limits indicated at each level of the grievance procedure shall be considered as maximums. If at any time a grievant violates the time limits of this agreement, the grievance shall be considered advanced to the next step of the procedure.

Steps of the Grievance Procedure: The following procedure constitutes the sole and exclusive method of solving grievances between the parties covered by this agreement and shall be followed in its entirety unless a specific step is waived writing by mutual agreement between the parties.

Step One: An aggrieved employee shall discuss his/her grievance with his/her immediate supervisor for the purpose of resolving the issue.

Step Two: If the aggrieved employee is not satisfied with the disposition of his/her grievance at step one, or if no decision has been rendered within five (5) working days, he/she shall discuss his/her grievance with the Chief of Police within ten (10) working days of the occurrence of the grievance, and an earnest effort shall be made to settle the difference between the aggrieved employee and the Chief of Police. Failure to act within said ten (10) working days shall be deemed to constitute an abandonment of the grievance on behalf of the employee and all others similarly affected.

Step Three: In the event that a satisfactory settlement has not been reached, the grievance shall be reduced to writing by the aggrieved employee and one (1) copy shall be given to the Chief of Police within five (5) working days following the decision of the Chief of Police. The Chief of Police shall submit his written response to the grievant within five (5) working days of the receipt of the written appeal.

Step Four: If the employee is not satisfied with the Chief of Police's response, the employee may appeal the decision within five (5) working days of receipt of the Chief of Police's response, to the Borough Manager. The borough manager will review the grievance and submit a written response to the employee within ten (10) working days of receipt of appeal.

Step Five: If the employee is not satisfied with the Borough Manager’s response, the employee may appeal the decision within five (5) working days of receipt of the Borough Manager’s response, to the council members of the Borough. The council will review the grievance and submit a written response to the employee within ten (10) working days of receipt of appeal.

Step Six: If the employee does not accept the decision of the council, he/she must appeal the decision within ten (10) working days of receipt of the councils’ written response by the employee.

Step Seven: Binding Arbitration:


If a grievance is not settled under this article, such grievance shall, at the request of the employee or the Borough, be referred to the Public Employment Relations Commission for the selection of an arbitrator according to its rules.

The arbitrator shall be bound by the provisions of this agreement and restricted to the application of the facts presented to the arbitrator involved in the grievance. The arbitrator shall not have the authority to add to, modify, detract from or alter in any way the provisions of this agreement or any amendments or supplement thereto.

The cost of the services and expenses of the arbitrator shall be borne equally between the Borough and the employee. Any other expenses incurred, including but not limited to the presentation of witnesses, shall be paid by the party incurring same.

The arbitrator shall set forth his/her binding decision and reasons for making the award within thirty (30) calendar days after the conclusion of the arbitration hearing, unless agreed to otherwise by the parties. The award of the arbitrator shall be binding on the parties.

General Provisions
Grievances shall be processed promptly and expeditiously.

Formal grievances and appeals shall be filed in writing.

Communications and decisions concerning formal grievances shall be in writing.

A grievant shall be permitted a representative at all levels of the procedure.

There shall be no additional evidence submitted during the grievance process by either party once a grievance has been submitted to the commission.

Forms for grievance processing shall be developed between parties and shall be mutually agreed upon by the parties and distributed on an as-needed basis by either party.

The parties in interest will cooperate in investigating and providing pertinent information concerning a grievance being processed.

In the event of the death of a member of an employee's family while said employee is on vacation or holiday leave, said employee shall be entitled to bereavement leave as it is authorized by this agreement and such leave shall not prejudice an employee's vacation rights granted by this agreement. The employee in mutual agreement with the Chief of Police in such cases shall be required to reschedule his unused vacation time in the same calendar year.

Exceptions to these time limitations may be made by the Chief of Police.

Exceptions to these time limitations may be made by the Chief of Police or his /her designee upon timely notification by the officer when the deceased is buried in another state and the officer will be unable to return for duty and adhere to the time limitations stated above.

In the event of the death of an employee whether on or off duty, his survivors will be paid for the employee's vacation days, holidays, personal days, compensatory time, salary and severance pay, etc. There will be no pro-rating. All of the above should be paid to the employee’s survivor(s) within thirty (30) days, but in no event later than sixty (60) days from the date of death of said employee.

The Borough reserves the right to change insurance carriers, provided the new carrier provides similar benefits, with no decrease in benefits.

During the first twelve (12) months of service, employees are eligible for a total of one hundred and twelve (112) hours of vacation time.

After one (1) year of service, and through six (6) years of service, employees are eligible for one hundred and sixty-eight (168) hours of vacation time.

After six (6) years of service, and through fifteen (15) years of service, employees are eligible for two hundred and twenty-four (224) hours of vacation time.

After fifteen (15) years of service, employees are eligible for two hundred and eighty (280) hours of vacation time.

During the first twelve (12) months of service, employees are eligible for a total of one hundred and twelve (112) hours of vacation time.

After one (1) year, one hundred and twenty (120) hours of vacation.

After three (3) years, one hundred and twenty-eight (128) hours of vacation.

After six (6) years, one hundred and thirty-six (136) hours of vacation.

After nine (9) years, one hundred and forty-four (144) hours of vacation.

After twelve (12) years, one hundred and fifty-two (152) hours of vacation.

After fifteen (15) years, one hundred and sixty (160) hours of vacation.

After eighteen (18) years, one hundred and seventy-six (176) hours of vacation.

After twenty (20) years, one hundred ninety-two (192) hours of vacation.

All vacation time shall be taken during the year in which it is earned, and can be used up to and including the May cutoff of the following year.

Employees who commence employment on or after May 21, 2010, may sell back up to forty (40) hours of vacation leave per year. Payment will be made in the second pay period in November. Employee must give notice of intent to sell back vacation days by November 1^st of each year.

All vacations are subject to the approval of the Chief of Police or, in his absence, the next highest ranking officer, and will be scheduled so as not to unreasonably interfere with the operation of the Department to which the employee is assigned. However, such approval may not be unreasonably withheld.

An employee who has resigned or who has otherwise separated from employment in good standing shall be entitled to the vacation allowance prorated on the basis of the number of months worked in the calendar year in which the separation becomes effective.

If an employee leaves the employment of the Municipality before the end of the calendar year, having already taken a vacation allowance for the year, he or she will be charged with the unearned part of such vacation, which will be deducted from that employee's final paycheck.

If the employee’s hiring date falls between January 1^st and July 1^st, inclusive, the employee will be credited with a full year toward years of service for calculating the amount of vacation. If the employee’s hiring date falls after July 1^st, the employee’s first year of service will not be counted toward years of service for calculating the amount of vacation.

ARTICLE 15: SALARIES AND RATES OF PAY

	2017	2018	2019	2020
Provisional	40,885.00
1	45,328.00
2	50,579.00	41,702.70	42,536.75	43,387.49	Provisional
3	55,427.00	47,745.86	48,700.78	49,674.79	1
4	60,274.00	53,789.02	54,864.80	55,962.10	2
5	65,121.00	59,832.18	61,028.82	62,249.40	3
6	69,968.00	65,875.34	67,192.85	68,536.70	4
7	74,815.00	71,918.50	73,356.87	74,824.01	5
8	79,662.00	77,961.66	79,520.89	81,111.31	6
9	84,509.00	84,004.82	85,684.92	87,398.61	7
10	89,357.00	90,047.98	91,848.94	93,685.92	8
11 (Ptl 1st class)	94,207.00	96,091.14	98,012.96	99,973.22	9
Sergeant	103,328.00	105,394.56	107,502.45	109,652.50
Lieutenant	113,362.00	115,629.24	117,941.82	120,300.66

Officers shall be at the provisional step while attending the academy. Officers shall enter Step 1 upon completion of the Academy and then progress to each step after service of one full year in the prior step.

Employees shall be entitled to an annual salary differential of $1,500.00 upon completion of four (4) years as Sergeant or Lieutenant.

Provisional: This category exists from the starting date of employment until the completion of a full time police academy.

Fifth Class Patrolman: This category exists from the graduation from a full time Police Academy until the completion of one year in service after graduation from that academy (minimum of one year in service as full time police officer) with the Borough of Beach Haven.

Fourth Class Patrolman: This category begins the first day of the second year of service as a Fifth Class Patrolman with the Borough of Beach Haven.

Third Class Patrolman: This category begins the first day of the second year of service as a Fourth Class Patrolman with the Borough of Beach Haven.

Second Class Patrolman: This category begins the first day of the second year in service as a Third Class Patrolman with the Borough of Beach Haven.

First Class Patrolman: This category begins the first day of the second year in service as a Second Class Patrolman with the Borough of Beach Haven.

Shift Commander: Any patrolman, who has the responsibility of being in charge of a shift, shall receive shift commander's pay for each shift the patrolman is in charge. Shift Commander's pay will be 110% of his/her regular one-day pay. Shift Commander compensation shall be paid in the second pay in November for the previous 12-month period (November 1 - October 31).

Except for all employees hired prior to January 1, 2009, employees covered by this agreement are entitled to fifty-six (56) hours of personal leave per year.

Any and all employee hired after January 1, 2009, and covered by this agreement, are entitled to receive a maximum of forty (40) hours of personal days.

Personal leave is not cumulative. If the employee makes a written request for a personal day 48 hours before the commencement of the shift in which the time off is being requested begins, the leave shall be granted provided an emergency situation does not exist. No more than one personal day per shift, on a first request basis, shall be permitted unless, at the discretion of the Chief or his/her designee, there is adequate manpower to cover the shift. If a request is made on the Chief's day off or weekends, it will be the requesting officer's responsibility to notify the Chief or his/her designee so he can make the necessary schedule change. If the request is less than 48 hours before the personal time off is to begin, all best efforts shall be made by the Chief to accommodate such late request, or, in his absence, the Commanding Officer on duty.

Compensation Time: Employees covered by this agreement are entitled to compensation time off, when the other Borough employees receive time off, other than holidays. This time is to be taken when available and no overtime is involved to cover days off as compensation time.

In order to provide an incentive to encourage the employees to achieve the advantages of higher education, the Borough agrees that each employee who receives academic credits for study in law enforcement or other related curriculum leading to or accredited toward an undergraduate baccalaureate, associate, or graduate degree in law enforcement or other related curriculum shall be paid a college incentive compensation at the rate of $10.00 per credit per annum additional compensation. Such additional college incentive compensation shall be added to and become part of the officer’s annual salary, commencing the pay period next following production of evidence or proof of completion of said credits or degree.

Upon graduation and the awarding of his/her degree, the employee who has received tuition money from the Borough shall waive his/her college incentive program compensation for that amount of time required to reimburse the Borough for the expense of his/her education.

Appeals of disciplinary decision shall be subject to the grievance procedure.

Completion of 3^rd Year of Service 3%
Each Additional Year 1%
Until Completion of Eight Years 8%
Commencement of 15^th Year of Service 9%
Commencement of 20^th Year of Service 10%

A salaried employee shall begin receiving longevity pay on the first pay period of January of his/her fourth year of continuous service with the Borough of Beach Haven.

If the employee's hiring date falls between January 1^st and July 1^st, inclusive, the employee will be credited with a full year toward longevity. If the employee’s hiring date falls after July 1^st, the employee's first year of service will not be counted toward longevity.

Any Employee who commences employment on or after January 1, 2017, shall not be eligible for longevity.

ARTICLE 21: NEGOTIATIONS PROCEDURE

ARTICLE 22: OVERTIME COMPENSATION

The working schedule will be decided by the majority of the employees.

ARTICLE 23: DUES CHECK OFF AND AGENCY SHOP

Upon retirement or separation in good standing, the Borough of Beach Haven will pay to the employees in this bargaining unit a supplemental compensation payment computed at the rate of one-half (1/2) the eligible employee's daily rate of pay for each day earned and unused accumulated sick leave, based upon the annual average compensation received during the last year of his/her employment prior to the effective date of his/her retirement, up to $15,000.00. Unused sick leave shall be paid within sixty (60) days of retirement.

Any employee eligible to retire in a calendar year shall notify the Borough in writing through the Chief of Police no later than January 15^th of that year, but in no event less than thirty (30) days prior to the planned retirement date or eligibility date of the following:

Intent to retire or not; and

Failure of the employee to make timely notice to the Borough shall limit the retiring employee to the payment for unused sick time as heretofore provided; and the Borough shall have the sole option to defer making this payment until the next calendar year.

If a member is disabled in the performance of his/her duty, he/she shall receive full pay until he/she is retired or placed on a permanent disability status.

Maternity Leave: Female employees shall be entitled to utilize sick leave and/or disability leave provided by this agreement or law in connection with any illness, injury, or disability arising from pregnancy, including the period of disability following the birth of a child. At a minimum, the employee shall be entitled to utilize disability leave for the period of ten (10) weeks prior to the due date of the birth of a child, and for six to eight (6 to 8) weeks as shall be determined by the physician providing post- parturient care for the employee following the birth of a child. Such disability leave shall not be available to an employee for the normal care of an infant; though sick leave as provided in paragraph a will be available for illness of the infant. Sick leave shall also be available to male or female employees for the care of family members, resulting from the pregnancy, including the birth of a child in the same manner as sick leave would be available to an officer for any other family member.

A female employee shall advise the Chief of Police in writing as soon as she received confirmation of her pregnancy from a doctor. The employee shall be permitted to work, so long as her doctor permits such work. The department shall have the right to request a note confirming the doctor's opinion that the employee is able to continue to perform her duties. The notes from a doctor shall be from a physician of the employee's own choosing. However, the Borough reserves the right to have the Borough Physician consult with the employee's physician for the purpose of determining whether the employee shall be approved for duty. The information obtained from such a consultation shall be shared with the Chief of Police and the Borough in a manner limited to providing only that information necessary to advise the Borough of the employee’s availability for duty and the nature of that duty.

Sick leave is hereby defined to mean absence from a post due to the employee's illness or accident, which prevents or significantly impairs the ability of the employee to perform his/her duties. Sick leave benefits shall apply to bona fide cases of sickness, accidents, doctor or dental appointments, maternity leave, and requests for employee’s presence by immediate family, doctor or clergy due to family illness or emergency.

Upon the request of the Chief of Police or, in his absence, the next highest ranking officer, an employee may be required to produce a certificate indicating the nature and extent of his/her illness. At the discretion of the Chief of Police or, in its absence, the next highest ranking officer, the Borough may require the employee to submit to a physical examination to determine his/her ability to return to work. If such a physical examination is required, the Borough shall pay for same.

An employee is eligible to sell back at the end of the year a maximum of eighty (80) hours of unused sick time at 100% of value. Any unused sick leave sold back will be deducted from the employees total, and the balance of any sick days will be carried over to the next year. Employees must have at least 120 hours in their sick leave bank to be eligible to sell back sick leave according to this Paragraph. Employees who commence employment on or after May 21, 2010 shall not be eligible to sell back sick leave as provided by this Paragraph.

ARTICLE 25: CLOTHING ALLOWANCE

The parties agree that it is necessary for the persons in this bargaining unit to appear well-dressed in public and present a proper image as representatives of the employer. Therefore, the employer shall provide uniforms and cleaning of same. Employees must maintain their uniform in accordance with the directions of the Chief of Police and the rules and regulations approved by the Borough Manager and adopted by the Council of the Borough of Beach Haven. Any employee who fails to maintain his/her uniform in accordance with these regulations shall be subject to discipline.

Employees will have a uniform allowance of up to $1,000.00 per calendar year to be used at dealers authorized by the employer. The clothing allowance voucher shall be available for use by the officer by the 1st day of February of each calendar year. Uniforms and equipment will be supplied by the employer to new employees and those employees who have been promoted. Any additional uniforms or equipment (damaged, worn, outgrown, etc.) That may be needed require the approval of the Chief of Police or, in his absence, the Officer in charge. No clothing will be replaced unless the damaged clothing or equipment is turned in to the Chief of Police or his designee.