AGREEMENT
BETWEEN
THE TOWNSHIP OF BURLINGTON
AND
BURLINGTON TOWNSHIP FOP LODGE No. 84
SUPERIOR OFFICERS
JANUARY 1, 2011 through DECEMBER 31, 2013
TABLE OF CONTENTS
INDEX PAGE #
PREAMBLE 1
RECOGNITION 2
GENERAL RULES 3
Gender Statement 3
Equal Treatment 3
Seniority 4
Work and Grieve 4
Retired Employees 4
Definitions 4-5
MANAGEMENT’S RIGHTS 5-6
COMPENSATION, HOLIDAYS, LEAVE ENTITLEMENT,
COMPENSATION AND WORKING CONDITIONS 7-17
Salary and Wages 7
Overtime 9
Appearance in Court 11
Holiday Pay 11
Leave Entitlement 12-13
Bereavement Leave 14
Sick Leave with Pay 14-16
Work Schedules 16
Minimum Operating Force 17
Leave of Absence 17
WORKMEN’S COMPENSATION, SAFETY AND HEALTH 18-19
GRIEVANCE AND ARBITRATION PROCEDURE 19-20
DISCIPLINARY PROCEEDINGS 20-26
Notice of Disciplinary Action 21
Minor Disciplinary Action 21
Letter of Reprimand 21
Suspension or fine of five (5) working days or less 21
Determination of a Hearing Officer 22
Appeal from Decision of Hearing Officer
to the Twp. Administrator 22
Major Disciplinary Action 23
TABLE OF CONTENTS
INDEX PAGE #
Maintenance of Records 24
Agreement for Internal Affairs SOP as an Addendum 25
Rights and Privileges of the Lodge 25
FRINGE BENEFITS 26
Group Insurance Plan for Employees 26
Hospitalization 26
Dental 27
Prescription Plan 27
Eyeglass Plan 28
Disability Plan 28
Insurance Buy-Back 28
Health Benefits After Retirement 29
Life Insurance (permanent Employees eligible) 32
EMPLOYEE RIGHTS 32-35
MISCELLANEOUS 35-37
College Credits 35
Special Police Officers – Class I and Class II 36
Officer-In-Charge 36
Personal vehicles 36
Detective’s Vehicles 36
Maintenance/Clothing Allowance 36
Incentive Work Attendance 37
Death of Employee 37
Meal Allowance 37
Equipment 37
MULTI-YEAR CONTRACT 38
TERMINATION 38
SEPARABILITY AND SAVINGS CLAUSE 38
FULLY BARGAINED FOR PROVISIONS 39
** S.O.P # 2.21 – Seniority and the Selection Process 40-42
** S.O.P # 5.09 – Internal Affairs 43-52
PREAMBLE
This Agreement entered into by the Mayor and Council of the Township of Burlington, (hereinafter referred to as either the “Employer” or the “Township”) and the Fraternal Order of Police (“FOP”), Burlington Township, Police Lodge #84 (Superior Officers) (hereinafter referred to as the “Employees”, “Lodge” or the “SOA”), has as its purpose the promotion of harmonious relations between the Employer and the Employees; the establishment of an equitable and peaceful procedure for the resolution of differences; and the establishment of rates of pay, hours of work and other conditions of employment.
RECOGNITION
The Township recognizes the Fraternal Order of Police, Burlington Township, Police Lodge #84 (Superior Officers), as the exclusive collective negotiating representative for full-time sworn Police Officers employed by the Township holding the title of, and assigned as, Sergeant or Lieutenant.
The Township agrees to deduct the dues of members of the Lodge from wages due to those members in accordance with a certification provided to the Township and signed by the Secretary of the Lodge setting forth the amount of the dues and the names of the members of the Lodge. The Lodge will provide the necessary check-off authorization form to the Township.
The Township agrees, pursuant to the provision of N.J.S.A. 34:13A-5.5, to deduct from the wages due to non-member employees included within the bargaining unit, a representation fee in lieu of dues for services rendered by the Lodge in an amount up to eighty-five (85%) percent of the regular membership dues charged by the Lodge to its own members.
The Lodge shall indemnify, defend and save harmless the Township from any cause of action, claims, loss of damages incurred as a result of this Article.
All work performed in any classification covered under this Agreement shall be performed under the terms and conditions of this Agreement by uniformed regular Police Officers.
The Township of Burlington shall not enter into any Agreement or Contract with any employee within this Bargaining Unit, as defined above, which in any way conflicts with the terms and provisions of this Agreement. Any such Agreement shall be null and void.
GENERAL RULES:
The proposed salary ranges shall be established and applied to all authorized classified positions, except where positions and salary are set by statute.
Employees possessing rights under N.J.S.A. 40A:9-5 or possessing special skills or experience may be hired in excess of the minimum hiring rate at the discretion of the Employer. Except as otherwise provided under N.J.S.A. 40A:9-5, no Employee may be hired at a rate of pay higher than that specified for an “after first year employee” under this Contract.
Whenever an Employee is reclassified from one class or title to another, having a higher salary range, or when the salary range of his/her classification is increased, then his/her salary shall be adjusted to the minimum of the new range or at a Step commensurate with the old rate, whichever is closer. In no case shall the Employee’s new salary be lower than the old rate of former classification.
Rates of compensation provided for in these regulations are fixed on the basis of full-time service.
During the term of this Agreement, the pay scales will not be reduced unless by mutual agreement of both parties.
All salaries and wages shall be paid weekly. All Police overtime will be paid weekly.
Unless the context requires otherwise, the masculine shall include the feminine and the singular shall include the plural.
Equal Treatment
The Employer and the Employee agree that there shall be no discrimination against any Police Officer because of race, creed, sex, age, nationality, religion, marital status or political affiliation.
The Employer and the Employee agree that all Police Officers covered under this Agreement have the right, without fear of penalty or reprisal, to form, join and assist any Employee organization or to refrain from such activity. There shall be no discrimination by the Employer or Employee against any Police Officer because of the Police Officer’s membership or non-membership, or activity or non-activity in the Police organization.
The Employer and the Employee agree that all Police Officers covered under this Agreement will be treated equally in all cases of determining vacation schedules and assignments to specialized units, except when otherwise provided for in this Agreement.
Seniority
Seniority is defined to mean the accumulated length of continuous service with the department, computed from the date of permanent employment. An Employee’s length of service shall not be reduced by time lost due to absence for a bona fide illness or injury, certified by a physician not in the excess of six (6) months, or one (1) year if work related.
If a question arises concerning two (2) or more Employees who were hired on the same date, the following shall apply:
Seniority preference among all Employees shall be determined by the order in which such Employees were listed on the Civil Service Commissions List at time of hire.
The Employer shall maintain an accurate up-to-date seniority roster showing each Employee’s date of permanent or temporary employment, classification and pay rate, and shall furnish copies of same to the Lodge representative upon request.
** See Addendum #2006-001, at Page 42, attached hereto.
Work and Grieve
The principal of “work then grieve” shall apply in all cases.
Retired Employees
Any Employee who retires prior to contract settlement shall receive all benefits derived from the contract during the period worked that was covered by the contract.
Definitions
The following terms have been defined for the purpose of understanding this Agreement.
Public Safety Director/Chief Law Enforcement Officer: Chief Executive Officer of the Burlington Township Police Department.
Supervisor: A member of the Burlington Township Police Department assigned by the Public Safety Director/Chief Law Enforcement Officer to a position requiring him/her to exercise immediate supervision over the activities of other members and Employees.
Detective: A member of the Burlington Township Police Department who is assigned by the Public Safety Director/Chief Law Enforcement Officer to conduct criminal investigations in civilian clothing.
Patrolman: A member of the Burlington Township Police Department who is assigned by the Public Safety Director/Chief Law Enforcement Officer to the uniformed Patrol Division.
Employee: Any Sergeant or Lieutenant of the Burlington Township Police Department.
Employer: The Mayor and Council of the Township of Burlington or their designee representative.
Township: The Municipal Government of the Township of Burlington.
Designee: An individual assigned by the Public Safety Director/Chief Law Enforcement Officer to carry out a special function.
Lodge: Fraternal Order of Police, Burlington Township, Lodge #84.
Emergency situations: Exists whenever public safety is endangered or imperiled as determined at the sole discretion of the Public Safety Director/Chief Law Enforcement Officer, or his/her designee. Examples of the later condition might be a riot situation, a natural or manmade disaster or an act of God.
MANAGEMENT RIGHTS:
The Township hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it prior to signing of the Agreement by the Laws and Constitution of the State of New Jersey and of the United States of America including, but not limiting the generality of the foregoing, the following rights:
To the executive management and administrative control of the Township, its properties and facilities; and the activities of its employees, subject to the New Jersey Employer-Employee Relations Act;
To hire all employees and subject to the provisions of law, to determine their qualifications and conditions for continued employment, assignment, promotion and transfer employees or their dismissal, fine or suspension, or demotion all in accordance with the applicable laws, regulations and terms of this Agreement;
To establish programs and objectives, including special programs, and to provide for all needs and services for residents of the Township and persons who utilize Township services, all as deemed necessary or advisable by the Township limited only by the specific and express terms of this Agreement, and then only to the extent that such specific and express terms heretofore in conformance with the Constitution and laws of the State of New Jersey and of the United States of America;
To decide upon the means and methods of providing all services, selection of equipment, materials and the utilization thereof by the Township employees of every kind and nature so long as same is within the recognized safety standards;
To determine work schedules, the starting and ending hours of employment, and the duties, responsibilities and assignments of employees with respect thereto limited only by the specific and express terms of this Agreement, and so long as they are in conformance with the laws of the State of New Jersey and its agencies; and
To determine emergencies and the means or manner to cope therewith and to determine when said emergencies have terminated pursuant to the established guidelines of the State and County Department of Emergency Management.
The exercise of the foregoing powers, rights, authority, duties or responsibilities of the Township, the adoption of policies, rules, regulations, procedures and practices and furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms hereof are in conformance with the Constitution and laws of the State of New Jersey and of the United States of America.
Nothing contained herein shall be construed to deny or restrict the Township of its rights, responsibilities and authority under any national, state, county or local laws, regulations, resolutions or ordinances.
The Township shall not discharge, discriminate or cause any unfavorable action in any way against any employee for union activities or for union membership, as long as such activity does not in any way unreasonably disrupt the normal operations of the Police Department.
This Agreement shall not be changed or amended except by mutual agreement, reduced to writing and duly executed by the parties thereto.
The parties to this Agreement agree that they shall not enter into any agreement or contract or negotiations with any individual or group of individuals which are outside of the scope of this Agreement. The parties further agree that any such extra contractual agreement shall be null and void.
The Township and its representatives agree not to meet with any other organization of individuals not authorized by the Union for the purposes of hearing or discussing views on negotiable working conditions, grievances or the terms and conditions of this Agreement.
No Employee may be dismissed, suspended, disciplined or investigated except in accordance with the Rules and Regulations of the Civil Service Commission and the law of the State of New Jersey.
The FOP shall be provided with a copy of the notice forwarded to the Employee/member of his/her disciplinary hearing.
COMPENSATION, HOLIDAYS, LEAVE ENTITLEMENT, OVERTIME COMPENSATION AND WORKING CONDITIONS
Salary and Wages
All Employees in the classifications listed below will receive the salary and wages set forth within for the year indicated. Said salary, wages and overtime will be paid retroactively to the user of entitlement and shall be payable upon effective date of the Township’s Salary and Wage Ordinance.
Sergeants*
 | Two (2%) Percent | Two (2%) Percent | Two (2%) Percent |
| July 1, 2011 | April 1, 2012 | January 1, 2013 |
| 1st | 98,378 | 100,346 | 102,353 |
| 2nd | 98,766 | 100,741 | 102,756 |
| 3rd | 101,082 | 103,104 | 105,166 |
* - 1st and 2nd step includes six (6) holidays added to the 2001 base. The 3rd step includes eight (8) holidays added to the 2001 base.
* - Sergeants shall be paid upon an hourly basis.
Lieutenants**
| Two (2%) Percent | Two (2%) Percent | Two (2%) Percent |
| July 1, 2011 | April 1, 2012 | January 1, 2013 |
| 1st | 111,032 | 113,253 | 115,518 |
| 2nd | 113,432 | 115,701 | 118,015 |
| 3rd | 114,449 | 116,738 | 119,073 |
| 4th | 115,466 | 117,775 | 120,131 |
* - $500.00 clothing allowance included in 2006.
** - Six (6) holidays added to the 2001 base.
** - Lieutenants shall be paid upon a salaried basis.
Overtime Rate for Lieutenants for school function only.
The Overtime Rate for Lieutenants for school functions shall be 1 ½ times their hourly rate.
Maximum participation shall be as follows or more as needed to fill detail.
DETAIL LIEUTENANTS
8 Officers 2
4 Officers 1
2 Officers 1
*Off Duty Work Rate shall be $70.00 per hour.
Officers who have achieved a Certified EMT (Emergency Medical Technician) status shall receive a salary adjustment of Five Hundred ($500.00) Dollars to be included in their base salary. For payroll purposes, this increase shall not be included in computing any and all overtime and/or longevity. Proof of Certification is to be provided to the Township of Burlington on or before November 1st of each year in order to continue to receive payment. Said adjustment of base salary shall be prorated upon the date of Certification.
Sergeants assigned as a Detective to the Detective Division shall receive a stipend of One Thousand Five Hundred ($1,500.00) Dollars. For payroll purposes, this stipend shall not be included in computing any and all overtime and longevity.
Effective January 1, 2011 longevity pay will be paid weekly to all classified permanent Employees covered by this Agreement, in accordance with the following schedule. Date of hire shall determine the eligibility of longevity payment.
Years of Service % of Base Wages
5 years $1,250.00
10 years 5.00%
15 years 7.50%
20 years 10.00%
24 years 12.50%
Effective December 31, 2011, all Employees then receiving longevity will have the dollar value of that longevity frozen as of that time. Thereafter, these recipients, who will be the only ones entitled to longevity, shall be paid in accordance with present practice, meaning paid on a pro-rata basis with the regular weekly pay check but not to be used in the calculation of any future wage increases.
For example: A Sergeant on the 3rd Step with twenty (20) years of service as of December 31, 2011 would receive an annual salary of $101,082.00 and a longevity of ten (10%) percent converted to $10,108.00 per annum. As of January 1, 2012 that Sergeant would continue to receive an annual salary of $101,082.00 and an annualized longevity of $10,108.00. Effective April 1, 2012 that Sergeant would begin receiving his new annualized salary of $103,104.00, but would continue to receive annualized longevity of $10,108.00 would continue.
New Hires, as well as those not entitled to longevity payments as of December 31, 2011 will not be entitled to longevity compensation.
In addition to base salaries, Employee shall receive a shift differential to provide additional compensation for hours actually worked designated as the night shift, a twelve hour period:
$1.25/hr.
Those Employees reporting out sick during these shifts will be paid at the base rate, without benefit of the shift differential compensation assuming proper sick leave procedures have been followed.
Overtime
Overtime shall be computed at one and one half (1 ½) times the normal rate of pay for those hours worked over the normally scheduled work shift.
Overtime shall be disturbed equally, insofar as practicable, among the Employees who are qualified and able to perform work. Supervisors shall maintain and post on a continual basis, a list of Employees and the actual overtime hours worked and actual overtime hours refused by each Employee. Employees will be offered and permitted to work an entire overtime shift or part thereof with a six (6) hour interval between his/her last scheduled shift and the overtime shift, however, the Employer may only order an entire overtime shift or part thereof to be worked if an eight (8) hour break existed between a previously worked full shift of twelve (12) hours.
Assuming that proper notification has been given for an absence that requires calling in of additional personnel, the Employer shall call in that Employee with the lowest amount of overtime posted. Should a mistake occur for any reason, and a supervisor fails to contact the correct officer, the affected officer will be offered the opportunity to work an overtime shift of a same time and shift duration as long as the one missed. This overtime shift will be offered within fifteen (15) days of the overtime shift missed. Should this opportunity be refused it will not be recorded as refused overtime for call-in under this provision. When filling overtime requirements, the Employer shall call the Employee with the lowest amount of total overtime hours worked and refused first, and then will proceed to call in available sequential order the Employee with the greatest amount of total overtime hours.
If the Employer desires to fill scheduled short shifts, it shall make reasonable efforts to do so within the first four (4) hours of the preceding shift.
All overtime distribution shall be on a yearly cycle.
The Employer shall diligently attempt to give Employees advanced notice on all overtime work.
If the Employer cannot fill its overtime requirement after exhausting all of the procedures for any given classification as herein set forth, then those Employees who are in said classification with the highest amount of logged and refused overtime will be assigned to do the work.
Employees called in to work from home on a call-out, outside their regular work day, shall be guaranteed a minimum of three (3) hours pay at an hourly rate equal to one and one half (1 ½) times the Employee’s hourly rate regardless of the time of day.
Employees called in to work from home on a call-out, inside of three (3) hours of their scheduled start time shall be guaranteed time and one half (1 ½) times their hourly rate from the time they report to Headquarters plus a half (1/2) hour of travel time. Travel time exceeding the half (1/2) hour limit will not be paid. Time to be computed from time of notification to time of reporting for duty.
Overtime Hours Refused shall be considered as those hours when:
An Employee declines such hours after having been requested to work same; and
An Employee cannot be directly contacted despite reasonable efforts by the Employer including, but not limited to, such efforts as contacting the home of the Employee.
Appearance in Court
An Employee required to appear in any court, as a direct result of his Police duties, on his off-duty hours, shall be paid one and one half (1 ½) times the Employee’s hourly rate for actual hours worked, with a minimum credit of two (2) hours at time and one half (1 ½) hours, unless otherwise prescribed by this Agreement.
The Director shall, from time to time, issue directives concerning the scheduling of court appearances, which are designed to minimize overtime.
Those Employees who are required to appear in court between shifts will receive three (3) hours of overtime at one and one half (1 ½) times their regular rate of pay.
Holiday Pay
Effective October 27, 2011 the following days shall be designated as holidays:
SERGEANTS LIEUTENANTS
New Year’s Day (Actual Day) New Year’s Day (Observed Day)
Memorial Day Memorial Day
Fourth of July (Actual Day) Fourth of July (Observed Day)
Labor Day Labor Day
Thanksgiving (Festive/Actual Day) Thanksgiving (Observed Day)
Christmas Day (Festive/Actual Day) Christmas Day (Observed Day)
Floating Holiday (Lieutenants Only)
Employees shall receive compensation for these days as designated herein, while on duty and/or working status.
Christmas and Thanksgiving are designated as Festive Holidays on which the working employee shall receive two (2) times their hourly rate of pay. If an employee is requested or ordered to work overtime on a Festive Holiday, he/she shall receive two and one half (2 ½) times his/her normal hourly rate of pay for hours worked. Employees working on the actual date of the other designated holidays shall receive one and one half (1 ½) times their hourly rate of pay for those hours worked on that day. If an Employee is requested or ordered to work overtime on one of the designated holidays, he/she shall receive two (2) times his/her normal hourly rate of pay for the hours worked.
Shift employees working on the actual date of a non-Festive Holiday shall be paid, in addition to the regular day’s pay, an amount equal to one and one half (1 ½) times their hourly rate of pay for those hours worked on that day.
In the event that an Employee reports out sick the day before, the day of or the day after a holiday, the Employee must produce a doctor’s excuse for such absence upon returning to work.
Any Sergeant scheduled off on any of the six (6) designated holidays will be paid a regular day’s pay for said day not in a duty status.
Any Lieutenant scheduled off on any of the six (6) designated holidays will be given either the day before or day after the holiday off.
Leave Entitlement
All Employees covered by this Agreement shall be entitled to leave with pay. Said leave shall be taken during the calendar year. However, an Employee may carry call or any portion of his/her leave entitlement into the following calendar year. However, leave entitlement days may only be carried forward into the next succeeding year.
All references to “days” with regards to vacation, sick and/or personal shall be converted into hours.
New Employees shall only receive one (1) working day for the initial month of employment, if they begin work on the 1st through the 8th day of the calendar month, and one-half (1/2) working day if they begin on the 9th through the 23rd day of the month.
Leave entitlement will be earned by Employees at a rate of one (1) day per month of employment, to a maximum of twelve (12) days. After the first year of service, the following schedule shall apply:
TIME OF SERVICE 12-hour shift 10-hour shift 8-hour shift
After one (1) year (12 days) 144 hours 120 hours 96 hours
After six (6) years (15 days) 180 hours 150 hours 120 hours
After twelve (12) years (20 days) 240 hours 200 hours 160 hours
After 20 years (25 days) 300 hours 250 hours 200 hours
Each Employee shall be allowed up to five (5) additional leave days in lieu of personal leave days. Three (3) paid and two (2) unpaid.
Each Employee shall receive an additional paid leave day for their birthday.
Each Employee assigned to a twelve (12) hour shift shall be entitled to twenty-four (24) hours additional paid leave hours per year.
By January 1st of each calendar year, officers will be given a tentative schedule for that calendar year. By January 31st of each year all Employees affected by this Agreement are encouraged to submit, in writing, any priority requests for leave entitlement. Approval of such requests shall be based on seniority preference.
All requests for use of leave entitlement by an Employee must be submitted to his/her immediate supervisor and shall be submitted at least seven (7) days prior to the date requested. Lack of action by the Employer within seven (7) days will be considered approval of any request.
Each Employee will be permitted five (5) times annually to make an exception to Paragraph 7, provided, however, the shift is not at minimum staffing at the time the request is made to the shift supervisor, or in accordance with other criteria established by the Employer and made available to the Employees. This request shall be known as an “impromptu day”. A leave entitlement granted to an officer who has physically reported to work will not be counted as an impromptu day. Requests made under the provisions of this Paragraph will only require the approval of the immediate supervisor.
The Employer encourages the Employee to comply with the above paragraph so that the Employer can plan in-service training, special schools, special assignments and other departmental operation assignments. Failure to comply with the above paragraph could result in the denial of leave entitlement requests due to minimum staffing requirements.
Any Employee who is laid off or retired from service of the Employer, prior to taking his leave entitlement shall be compensated in cash for all unused leave entitlement he/she has accumulated at the time of separation on a prorated basis for the year in which the Employee leaves the Township’s service. An Employee who is separated from service for disciplinary reasons shall lose any leave entitlement accumulated, but not used.
Each Employee shall be notified, in writing, on or before January 1st of each calendar year, of his leave entitlement status.
Bereavement Leave
A maximum of five (5) days of with pay for a death in the immediate family will be granted to permanent full-time Employees. Immediate family is limited to mother, father, sister, brother, spouse, children, parents of spouse, stepmother, stepfather and stepchildren. An additional two (2) days off with pay will be granted for out-of-state travel requirements if the funeral is more than five hundred (500) miles one way.
An employee will be granted three (3) days off with pay to attend the viewing and funeral of grandparents, brother-in-law, sister-in-law, and aunts and uncles, if said funeral services fall on a scheduled workday. All other bereavement provisions do not apply in this case.
An employee will be granted four (4) days off with pay should any of the relations as found in Paragraph 2 be a resident of the employees household determined by appropriate proofs.
Reasonable verification of the event and familial relationship must be submitted upon request within five (5) calendar days of the Employee’s return to work.
Sick Leave With Pay
Employees shall be entitled to sick leave with pay as follows:
New Employees shall only receive one (1) working day for the initial month of employment if they begin work on the 1st through the 8th day of the calendar month, and one-half working day if they begin on the 9th through the 23rd day of the month. After the initial month of employment and up to the end of the first calendar year, Employees shall be credited with one (1) working day for each month of service. Thereafter, at the beginning of each calendar year in anticipation of continued employment, Employees shall be credited with fifteen (15) working days. Any unused allowable such leave for any calendar year, not taken in that calendar year by an Employee, shall accumulate to his credit from year to year, and he/she shall be entitled to utilize such accumulated leave pay, if, and when needed. Sick Leave for purposes herein is defined to mean absence from duty of an Employee because of personal illness by reason of which such Employee is unable to perform the usual duties of his position, exposure to contagious disease, or a short period of emergency attendance upon a member of his immediate family seriously ill, and requires the presence of such Employee. The Township will have the ability and authority to contact the Employee report off sick, to inquire of his condition, and possible return to work date.
Sick Leave claimed by reason of quarantine or exposure by contagious disease shall be approved only on the certificate of the local Department of Health.
The total years of service after permanent appointment of each such Employee in the Civil Service Commission classification shall be considered in computing accumulated sick leave due and available.
Any Employee taking off such shall notify the duty supervisor at least one (1) hour prior to starting of his/her shift. If the supervisor is unavailable, then such notification shall be given to duty dispatcher. Continuous failure to give due notification may result in disciplinary action being taken pursuant to the Civil Service Commission’s Rules and Regulations. Failure of the Employee to notify duty supervisor or dispatcher, if the supervisor is unavailable, could result in the denial of such leave payment.
Employee shall receive that portion of their accumulated sick leave at retirement according to the following schedule:
(12-hour Employee) (10-hour Employee)*
1,200 hours or less = 15% 1,000 hours or less = 15%
1,212 hours or less = 25% 1,010 hours or less = 25%
1,812 hours or less = 50% 1,510 hours or less = 50%
2,412 hours or less = 65% 2,010 hours or less = 65%
* (To be eligible, an Employee must have served at least thirty (30%) percent of his career in a ten (10) hour capacity.)
Sick leave for the year in which retirement occurs will be prorated based upon the amount of paid service in the given year. If an Employee is receiving sick pay at the time of retirement, such payments shall cease the effective retirement date and all remaining sick leave shall be paid in a single payment at the specific percentage of the regular rate.
Employees may exercise the option of receiving the dollar equivalent for any unused sick time in one (1) specific year. In exercising this option, the Employee shall submit a letter to the Department Head on or before January 1st requesting payment of said unused days up to the maximum earned and unused in the year of this option. Payment shall be made in the dollar amount of the year earned upon final passage of the Township Budget. Exercising said option need not be consecutive, nor continuous, and shall be made at the Employee’s selection.
Work Schedules
Normal workday (shift) shall not exceed twelve (12) continuous hours and normal work week shall consist of not less than thirty-four (34) hours and not more than forty-eight (48) hours.
Authorized overtime shall be subject to approval by the Public Safety Director/Chief Law Enforcement Officer or his designee.
Authorized overtime shall be subject to approval by the Public Safety Director/Chief Law Enforcement Officer or his designee.
Paychecks will be issued every Thursday at 4:00 p.m., the only exception will be if an Employee is exercising leave entitlement during a pay period and wants to paid in advance, in which case the Employee must provide a written request to the Employer fourteen (14) days prior to the effected pay date.
The regular starting time of work shifts will not be changed without seven (7) days advance notice to the affected Employee, unless emergent circumstances exist which preclude such notice. New schedules will be posted at least two (2) weeks prior to their effective date. Requests by an Employee for a schedule change must be submitted to immediate supervisor, and shall be submitted at least seven (7) days prior to the requested change unless the Employer, in its sole discretion, shall agree to a shorter time period. Lack of formal action by the Employer will be considered approval of any request reasonably made.
The Operations Lieutenant will endeavor to assure that such shifting is minimal and only effectuated when necessary.
Where the nature of the work involved requires continuous operations on a twenty-four (24) hours per day, seven (7) days per week basis, qualified Employees so assigned will have their schedules arranged in such a manner which will assure, on a rotation basis, that said Employees will have an equal share of Saturdays and Sundays off, distributed as evenly as possible throughout the year.
The maintaining of the Department’s current work schedules (i.e. twelve (12) hour shifts for Patrol Sergeants; ten (10) hour shifts for Administrative Sergeants/Lieutenants) shall continue for the life of this Agreement, unless the Employer presents economic reasons for a change or the need for any redistribution of manpower for the safety of the community. Economic arguments will be based solely on the Police Department’s budget.
Minimum Operating Force
To the extent that the Township budgetary constraints permit, the maintenance of Police Department force levels at current standards, as found in subparagraph (1), will apply. (Where force reductions are required because of budgetary constraints, minimal operational force levels are to be established through negotiations between the Township and the Lodge.)
The minimum operating force of Police shifts will consist of five (5) persons. (Consisting of one (1) desk officer, three (3) Patrol Officers and a shift supervisor.)
Leave of Absence
A permanent Employee holding a position in the classified service, who is temporarily either mentally or physically incapacitated to perform his duties, or who temporarily desires to engage in a course of study such as will increase his usefulness on his return to service, or who for any other reason considered appropriate by the Mayor and Council, be granted special leave of absence without pay for a period not exceeding six (6) months. Any Employee asking for special leave without pay, shall submit his request in writing to the Public Safety Director/Chief Law Enforcement Officer, stating the reasons why the request should be granted, the date when he/she desires the leave to begin, and the probable date of his return to duty. In each case of special leave without pay, unless provided pursuant to statute, the Mayor and Council shall, at the time the leave is approved, determine whether the employee granted such leave shall be entitled to his former position on his return from such leave, or whether his name shall be placed on the re-employment list for this class.
Any Employee granted a leave of absence by the Mayor and Council, not to exceed six (6) months, shall not accumulate seniority while on leave of absence. Medical benefits will be granted while on said leave. Medical Benefits will not be provided for a Non-Medical Leave of Absence. Payroll deductions for such coverage will be continued and payable during this period by the Employee. Sick and leave entitlement time will be prorated on the basis of actual year’s of service, less leave time. Holidays occurring during such leave period will be unpaid and not transferable to later date(s). Such provisions are accepted in the case of veterans, as provided by Federal law.
WORKMEN’S COMPENSATION, SAFETY & HEALTH
Employees disabled with job related injuries and unable to work will be granted a leave of absence with pay, for a period of time up to six (6) months with a total accumulation of one (1) year for any occurrence under the same terms and conditions set forth under Section IV, Paragraph J, Leave of Absence, except that Employee shall continue to accrue seniority rights and appropriate fringe benefits and subject to the requirements, that an Employee will endorse any compensation checks received as the result of the disability from the Township’s insurance carrier over the Township. During the period of disability, management reserves the right at such times, and under such circumstances as are reasonable, to require a person covered under the provisions set forth herein to undergo a physical examination by a physician of the Township’s choosing. In the event said physician determines that an Employee may return to work, the Employee will not receive any pay unless the Employee returns to work. In the event Employee is dissatisfied with the Township physician’s opinion, he may, at his cost, seek a second opinion. If said second opinion is at variance with the initial opinion as to the ability of the Employee to return to work, the Township shall obtain from the Burlington County Medical Society a list of five (5) physicians qualified in the area of expertise which is the subject of Employee’s medical condition. Said list shall be submitted to the Employee. Within forty-eight (48) hours of submitting the list to Employee, both the Township and the Employee shall select and rank three (3) physicians from the list. If only one (1) physician is the same on both lists, said physician shall be selected for a third opinion. If more than one (1) physician is on both lists, the Township is to determine which of the duplicate physicians the Employee is to consult to obtain a third opinion. If the third opinion supports the Employee’s contention, the Township shall pay for a third opinion and reimburse the Employee for the second opinion; if the third opinion supports the Township physician’s contention, then the Employee shall pay for the third opinion. The decision of the third physician shall be final and binding on the parties.
The Township agrees to conform to all manufacturer and dealer warranty and maintenance requirements on equipment, except in an emergency situation. The Township also agrees that it will immediately attempt to effectuate all repairs to such items as radios, outside dome lights, sirens and any other related vehicle equipment required for the Officer’s safety. No member shall be ordered to operate an unsafe motor vehicle or a vehicle that has not passed New Jersey Motor Vehicle Inspection standards.
No Employee or unit shall be required to perform any non-office function without proper radio communication at his/her disposal.
The Township shall supply all Employees with summer and winter uniforms, rain gear and rubber pullover boots, other equipment, tools or devices reasonably necessary in order to ensure their safety and health included, but not limited to a Police baton (nightstick), three (3) badges [said badges being for wallet, hat, and for uniform], handcuffs and keys, and a service weapon. The Township shall repair or replace any damaged or unserviceable or stolen items out of Police facility so long as such was not caused by the Employee’s willful neglect or negligence. The Township shall supply all members a canister pepper mace, and a personal bullet proof vest, which conforms to all standards in effect as of December 1997, and shall be replaced when the manufacturer’s warranty expires.
Any uniforms, equipment, tools or devices provided by the Township are to be worn or used only during work hours. Such uniforms, equipment, tools and devised shall remain the property of the Township, but the employee shall have the responsibility of caring for said items, except for normal wear and tear. During work hours all employees shall wear the work uniforms provided by the Township, and the Township shall designate the source, style, material and all other features and aspects of the uniforms. These uniforms may not be worn other than while on-duty for Burlington Township or during the performance of such special Police duties that may be approved by the Public Safety Director/Chief Law Enforcement Officer. All safety equipment must be worn as prescribed by the Township.
Safety & Health Rules
Safety and health rules must be obeyed by the Employees.
All safety problems are to be reported by the Employee’s immediate supervisor, after which they will be reviewed by the Mayor’s Safety Committee. All safety and health rules must be obeyed by the Employee and the Employer. The existence of the Mayor’s Safety Committee shall in no way affect the Employee’s right to grieve under the terms of this Agreement.
GRIEVANCE AND ARBITRATION PROCEDURE
Any grievance or dispute, which may arise between the parties, including the application, meaning or interpretation of this Agreement, shall be settled in the following manner:
Step 1: The Employee shall discuss the grievance or dispute with his/her immediate supervisor no later than five (5) days after the occurrence of such grievance or dispute. Employees shall be entitled to have representation by a representative of the Lodge at such meeting.
Step 2: If the grievance or dispute is not settled as forth in Step 1 within the five (5) day period, the Employee will then have five (5) days to appeal the decision of his immediate supervisor, in writing, to the Director. Said written grievance shall at a minimum specify the time and date of the occurrence; the nature of the grievance; the portions of the Collective Bargaining Agreement relied upon and the remedy sought. The grievance shall be submitted on the form attached hereto as Annex A. The Director shall schedule a hearing within twenty-one (21) days of receipt of the written grievance and shall render a decision within seven (7) days after the date of the hearing.
Step 3: If the grievance or dispute is not resolved in Step 2 above, the Employee may within five (5) days from the date of the Director’s decision, further appeal the matter to the Mayor or his designated representative, who shall have thirty (30) days from receipt of the grievance to resolve same. In the event that the Mayor, or his representative, takes no action on the grievance within thirty (30) days, the grievance shall be considered denied and the Employee may pursue Step 4 of the grievance procedure.
Step 4: In the event that the grievance is still unsettled, the Employee may, within ten (10) days after the Mayor or his representative has made a decision or within ten (10) days after the thirty (30) day period set forth in Step 3 has expired with a decision, apply to the Public Employment Relations Commission, pursuant to Rules and Regulations (“PERC”) established by the Public Employment Relations Commission under provisions of Chapter 303, Laws of 1968.
In the event of arbitration proceedings involving grievances under this Agreement, the representative of the Lodge involved, if any, shall be allowed time off, with pay, for the purpose of attending such arbitration proceedings. The fees of the Arbitrator shall be shared equally by the Employer and the Employee. All other costs of the arbitration, such as witness fees, overtime compensation for Employee, etc., shall be the sole responsibility of the subpoenaing party.
In the event of an Unfair Labor Practice (“ULP”) proceeding involving Employees covered under this Agreement, the fees or witnesses and overtime compensation for Employees shall be the sole responsibility of the subpoenaing party.
DISCIPLINARY PROCEEDINGS
In the event that disciplinary action is instituted against any Employee, the following shall apply:
Notice of Disciplinary Action
The Employer shall cause to be served upon the Employee an appropriate notice specifying the nature of the disciplinary charges, the party bringing the charges (hereinafter Complainant) and any initial action taken. A copy of said notice shall be filed with the Township Administrator.
Minor Disciplinary Action
Minor discipline shall constitute a formal written reprimand or a suspension or fine of five (5) working days or less. Below are the prescribed actions to be taken in the disciplinary matters.
Letter of Reprimand
When an Employee receives a Letter of Reprimand from a supervisor, the Employee will then have five (5) days to request a hearing, in writing, to the Public Safety Director/Chief Law Enforcement Officer, who will schedule a hearing within twenty-one (21) days of receipt of said request. The Public Safety Director/Chief Law Enforcement Officer will render a decision within seven (7) days from the date of the hearing.
The Employee may then, within five (5) days from the Director’s determination, appeal to the Mayor, or his representative, who will have thirty (30) days to resolve the matter.
The Employee may apply to appeal the Mayor, or his representative’s decision within ten (10) days to the Merit System Board or the Public Employment Relations Commission, pursuant to the Rules and Regulations established by PERC under provision of Chapter 303, Laws of 1968.
In the event of arbitration proceedings, the cost of witnesses, overtime compensation, etc., shall be the sole responsibility of the subpoenaing party. Costs of an Arbitrator shall be borne on a shared basis.
Suspension or fine of five (5) working days or less
The initial notice shall specify, in addition to the matters set forth in Paragraph A, the time, date and place of hearing, which shall be held before the Director of Public Safety for the Township of Burlington, provided in the event that the Director of Public Safety is the Complainant, he shall not act as the Hearing Officer, but the matter shall be heard by the Township Administrator. Any appeal from the decision of the Township Administrator shall be heard by the Mayor in accordance with Paragraph D. Notice and said hearing shall in all respects comply with the requirements set forth in N.J.S.A. 40A:14-147. Reasonable discovery shall be exchanged between the Employer and the Employee. At the hearing before the Director, or in the event of disqualification, the Administrator, the party bringing the charges, shall present evidence to establish the charges set forth by the Notice filed. Employees shall have the right to cross-examine any witnesses presented and, thereafter to, present witnesses or other evidence on his own behalf. The Employee shall, in addition, have the right to be represented at all stages of the disciplinary proceedings by legal counsel. An Employee who has been charged and for whom a hearing has been scheduled shall, no less than seventy-two (72) hours prior to the hearing date, notify the Hearing Officer, in writing, what his plea is to the disciplinary charges and if he desires a hearing. At the option of the Employee, the initial hearing before the Hearing Officer may be waived, and the Employee’s right of appeal shall nevertheless be preserved. In the event of such waiver, the Hearing Officer shall make a determination based on the notice and reports submitted to him and shall decide the matter without any oral testimony or argument.
Determination of Hearing Officer
Within thirty (30) days from the date of the hearing or from the date such hearing is waived, the Hearing Officer shall render his Findings of Fact and Conclusions of Law, which shall indicate and determine if any disciplinary action shall be imposed and the nature hereof. A copy of said Findings and Fact and Conclusions of Law shall be served on the Employee and filed with the Mayor and the Office of the Township Administrator.
Appeal From Decision Of Hearing Officer To The Township Administrator
The Complainant and the Employee shall have the right within ten (10) days from the service of the determination of the Hearing Officer to appeal same to the Township Administrator. In the event that said determination is not appealed within ten (10) days, said determination shall be deemed final and not subject to further appeal pursuant to this Agreement.
An appeal from the Hearing Officer shall be taken by filing with the Township Administrator and the Public Safety Director/Chief Law Enforcement Officer a written statement setting forth the decision being appealed and indicating that Employee is appealing from said decision. Within thirty (30) days from the date that said appeal is filed, a hearing shall be held before the Township Administrator. The Township Administrator shall cause a Notice of the Hearing to be served upon the Public Safety Director/Chief Law Enforcement Officer, the Complainant, the Employee and the Mayor. Said Notice shall specify the time, date and place of the hearing shall be served no later than seven (7) days before the date set for the hearing. At the hearing before the Township Administrator, the Complainant shall present the basis for the charges set forth in the Notice filed. Both the Complainant and the Employee shall have the right to be represented by legal counsel. The Township Administrator may be represented by the Office of Administrative Counsel. The Employee shall have the right to cross-examine witnesses and may present witnesses or other evidence on his behalf and may testify in his/her own behalf. Employee shall have the right to be represented through all steps of the disciplinary process by legal counsel of his choosing.
Within thirty (30) days from the date of the hearing before the Township Administrator, he/she shall render his Findings and Conclusions of Law. A copy of said Findings of Fact and Conclusions of Law shall be filed with the Mayor, Employee and the Public Safety Director/Chief Law Enforcement Officer.
The Mayor, within seven (7) days from receipt of the Findings of Fact and Conclusions of Law, shall affirm, modify or reverse the determinations made by the Township Administrator, which action by the Mayor shall be deemed final for purposes of review, subject to appeal, in accordance with the provisions of law. In the event that no action is taken by the Mayor, within seven (7) days after receipt of the Findings of Fact and Conclusion of Law, the determination of the Township Administrator shall be considered as the final decision in the matter under this Agreement.
At all proceedings where disciplinary action is pending, the Lodge shall have the right to represent the interest of the Employee and to actively participate in his/her defense. In accordance with N.J.S.A. 40A:14-155, should a disciplinary action which was instituted on Complaint of the Township be dismissed or finally determined in favor of the Employee, he shall be reimbursed for the reasonable expense of his/her defense. If the matter dismissed is in favor of the Township of Burlington, the Township is reimbursed for costs.
Major Disciplinary Action
Suspension or fine greater than five (5) days
The initial Notice shall specify, in addition to the matters set forth in Paragraph A, the time, date and place of the hearing, which shall be held before a Hearing Officer for the Township of Burlington. Notice and said hearing shall in all respects comply with the requirements set forth in N.J.S.A. 40A:14-147. Reasonable discovery shall be exchanged between the Employer and the Employee. At the hearing before the Hearing Officer, the party bringing the charges shall present evidence to establish the charges set forth by the Notice filed. Employees shall have the right to cross-examine any witnesses presented and, thereafter, to present witnesses or other evidence on his/her own behalf. The Employee shall, in addition, have the right to be represented at all stages of the disciplinary proceedings by legal counsel. An Employee, who has been charged and for whom a hearing has been scheduled, shall no less than seventy-two (72) hours prior to the hearing date, notify the Hearing Officer, in writing, what his plea is to the disciplinary charges and if he/she desires a hearing. In the event of such waiver, the Hearing Officer shall make a determination based on the notice and reports submitted to him/her and shall decide the matter without any oral testimony or argument.
The Employer shall comprise a list of five (5) former or current Municipal Solicitors that would be interested and available to serve as Hearing Officer. Said list shall be submitted to the Employee within seventy-two (72) hours of receipt of same. Within seventy-two (72) hours of submitting the list to the Employee, both the Township and the Employee shall select and rank in order of preference three (3) Hearing Officers from the list. If only one Hearing Officer is the same on both lists, said Hearing Officer shall be selected at the Hearing Officer. If more than one Hearing Officer is on both lists, The Employer is to determine which of the duplicates shall serve as Hearing Officer.
In all cases where discipline is appealed to an agency outside of the Township of Burlington, said discipline shall be imposed. Should the employee prevail in said appeal, employee shall be made whole as to before the discipline was imposed.
Maintenance of Records
Records of any non-criminal charges against an officer, where the officer was found guilty, shall be maintained in the officer’s personnel file. All records and investigative files have a finding of “Non-Sustained” and/or “Unfounded” shall be maintained and kept within the Internal Affairs files for the career of the officer, plus five (5) years.
Should the Attorney General Guidelines on Internal Affairs, which incorporates the Department of State, Division of Archives and Records, Management Records Retention and Disposition Schedule, be changed at any time during the term of this Agreement to provide for a short schedule of records retention than is set forth herein, then the Police Department shall comply with the shorter schedule.
The Parties Agree That The Agreement For Internal Affairs SOP Shall Be An Addendum To This Agreement
(Refer to ADDENDUM #2006-002, on Page 44)
The Employer and the Lodge agree to make Standard Operating Procedure “Internal Affairs”, Volume I, Chapter I, Number VI, an Addendum to this Agreement. With respect to internal investigations, the Township shall present to the FOP copies of all charges for disciplinary action and/or discharge against all employees covered by this Agreement and the results thereof.
The FOP shall be informed of dates, times and any charges thereof for disciplinary hearings, and also have the right to have a union FOP representative and/or attorney at such hearing at the Employee’s request at no loss in pay. The Employee/member has the right to have a FOP representative present during any meeting or interview that he/she believes may result in disciplinary action. This is in accordance with Weingarten, Inc.; see also East Brunswick B.O.E>, PERC No. 80-31, 5 NJPER 10206 (1979); 420 U.S. 251 (1975); and the Law Enforcement Officers’ Bill of Rights, P.L. Chap. 115, Assembly No. 1836 (Approved Sept. 11, 1996).
Rights And Privileges Of The Lodge
The Executive Board of the Lodge comprising of five (5) officials shall be granted time off from duty provided it does not unduly interfere with the operation of the Police Department, and will not result in overtime payment for replacement officer(s), and shall suffer no loss of regular pay for the meetings of the Executive Board and meeting of the Lodge when such take place at a time when such officers are schedule to be on duty. “Meetings” is defined to mean the regular monthly meeting and any emergency meeting, not to exceed three (3) emergency meetings per year. The Lodge may have use of a meeting room in the Township building when appropriately scheduled through the proper authority.
The members of the Lodge Negotiating Committee, not to exceed three (3) in number, shall be granted time off from duty and shall suffer not loss of regular pay for all meetings between the Township and the Lodge for the purposes of negotiating the terms of an Agreement, when such meetings take place at a time during which such members are scheduled to be on duty.
A representative of the Superior Police Officers Association shall be granted time off from duty and shall suffer no loss of regular pay for all meetings between the Township and the Lodge for the processing of grievances, when such meetings take place at a time during which such Lodge representative is scheduled to be on duty. The Township agrees to grant time off with pay, provided it does not unduly interfere with the operations of the Police Department, and provided the shift is above minimum at the time of the request, not to exceed twelve (12) days per year for the entire Lodge, to any member who is a duly authorized representative to attend any State or National meetings or seminars of the F.O.P. This time will be in addition to time off authorized by State law to attend conventions. The request for use of said time will be made to the Public Safety Officer/Chief Law Enforcement Officer, and said request shall not be arbitrary or unreasonably denied.
The Township agrees to grant a paid leave of absence to no more than four (4) duly authorized and formally designated representatives of the FOP to attend the officially designated State and National Conventions providing that appropriate staff levels are maintained and no foreseeable overtime is incurred. The representatives so attending said convention shall upon request, submit a certificate of attendance to any convention. The paid leave of absence shall be for a period inclusive of the duration of the convention. Travel time is included but strictly limited to the day before the opening off the convention and the day following the closing of same. The request shall include the meeting location, commencement and the ending time of said meeting/function. Based upon said information, it shall be the determination of the Public Safety Director/Chief Law Enforcement Officer as to whether the Employee is required to return to duty status on that day or not.
FRINGE BENEFITS
Group Insurance Plan For Employees
Hospitalization
The Township shall participate in a Health Benefits program to provide for Hospitalization, Surgical, Prevailing Fee and Major Medical Benefits Coverage. The Township will provide for a self-insurance program. Effective January 1, 2012, the health insurance program shall include a doctor’s office visit co-pay of $15.00 and an Emergency Room visit co-pay of $30.00. Effective January 1, 2013 the doctor’s office visit co-pay will be $20.00 and Emergency Room visit co-pay will be $50.00.
The plan shall be available for full-time permanent or provisional Employees on the first of the month after thirty (30) days of hire (i.e. Employees hired on August 14 will be put on benefits as of October 1 of that same year).
There shall be no changes in the group hospitalization medical plan or any type of insurance presently maintained and paid for by the Employer and the Employees, except in the case of a new plan that is equivalent or better.
Employee contributions to premium costs shall be in accordance with applicable law and shall be made by means of payroll deduction.
Cobra rates will be supplied to the employee each year for the upcoming year as soon as possible.
Dental
The Township shall at its expense provide a dental care program for the Employee and his/her family depending on the date of hire. The Lodge may request a renegotiation of the existing dental care program provided by the Township Administrator at least ninety (90) days prior to the end of the term of the existing program.
Prescription Plan
The Township shall provide a prescription plan for the Employee and his/her depending on the date of hire. The Employee shall pay $2.00 per month towards the cost of this program by payroll deduction The Township shall pay the balance of the premium charged for the program subject to the following co-payment schedule:
Effective January 1, 2011:
$5.00 Generics
$10.00 Brand Name
Mail Order:
For a three (3) months supply at two (2) times the specific co-pay
Generics $5.00
Brand Name $10.00
Effective January 1, 2012:
$10.00 Generics
$20.00 Brand Name
Mail Order:
For a three (3) month supply at two (2) times the specific co-pay
Generics $10.00
Brand Names $20.00
Effective January 1, 2013:
$10.00 Generics
$30.00 Brand Name
Mail Order:
For a three (3) month supply at two (2) times the specific co-pay
Generics $10.00
Brand Name $30.00
Coverage under leave of absence shall be handled pursuant to Section II, Paragraph J.
Eyeglass (“Vision”) Plan
The Township will provide Three Hundred ($300.00) Dollars every two (2) years to any active and retired Employee covered under any Township offered health insurance plan for the employee, spouse and covered dependents to the maximum of $1,200.00 every two (2) years. Employees will be reimbursed through the Township’s purchasing system.
Employees’ normal allotment may be applied to the cost of Laser Eye surgery for the Employee only.
Disability Plan
The Township shall provide a State of New Jersey Disability Plan for Employees. Employees will be charged by means of payroll deduction in an appropriate manner, at whatever rate the State of New Jersey determines to be the cost to the Employee for the life of this Agreement. Subject to modification by the Lodge during the term of the Agreement in the event of modification of the statute relative to mandatory enrollment.
Insurance Buy-Back
The Township agrees to make a payment to any Employee who elects to waive their rights to certain insurance coverage provided by the Township. The payment will be on a calendar year basis, and will be paid to those Employees who have filed a Waiver of Coverage with Personnel for the coming year. The Waiver must be filed at least one (1) month in advance of effective date of Waiver.
For those Employees hired after January 1, 2006, in the event that an Employee is married to, or becomes married to, another Township employee, while both parties are employed by the Township, the Township will only provide health benefits to one (1) of said employees. Said employees covered under the spouse’s health plan shall not be eligible for the insurance waiver payment.
The amount of payment per year for a Waiver of the Medical-Surgical-Major Medical coverage is as follows:
Single $ 750.00
Parent/Child $ 950.00
Husband/Wife $1,100.00
Family $2,000.00
The amount of payment per year for a Waiver of the dental coverage is $70.00; and
The amount of payment per year for a Waiver of the Prescription Plan coverage is as follows:
Single $200.00
Parent/Child $300.00
Family $500.00
If an Employee elects to rejoin the Township group coverage, the Employee shall make application to do so, and the Employee shall pay to the Township the pro-rata portion of any unearned portion of the Waiver payment previously paid to the Employee. Application for re-enrollment can only occur during the normal open enrollment period.
For new Employees hired after December 31, 1997, the Township shall pay for dependent coverage following the Employee’s first six (6) month’s of employment with the Township. The Employee will have the option of including their dependents during this period provided they pay the Township their Employee cost.
Certified Police Officers, with at least one (1) year experience, would have dependants covered at date of hire.
Health Benefits After Retirement
The Township will provide the established limit for Health Benefits, Prescription Plan and Dental Plan from date of retirement until the Employee becomes eligible for Medicare. In order to be eligible to receive the Township coverage under the Township’s Primary Health Plan (non-premium based) the following conditions shall apply:
Twenty-five (25) total years of service as an employee of the Township of Burlington.
Health coverage will be provided to the Employee, his/her spouse and eligible dependents. Benefits will be provided at the same level entering retirement (i.e. if the Employee has eligible dependents at the time of the Employee’s retirement, they will be covered until their eligibility ends by any of the following reasons: Employee reaches Medicare age; retiree dies). Coverage will cease for eligible children dependents upon reaching the age of twenty-six (26) unless dependent is offered coverage through their own employer proof of which is required. Coverage will cease for spouse upon his/her attaining Medicare age. No new dependents may be added after retirement.
Members not employed by Burlington Township as a Police Officer for 25 years but have an accumulated 25 years in the Police and Fire Retirement System for prior service as a police officer or related title other than with Burlington Township would be charged 2% for each year of service not with Burlington Township with the employee being responsible for this cost balance outside of any state imposed obligation.
Employee having at least twenty-two (22) years of service with the Township of Burlington and have an accumulated 25 years in the Police and Fire Retirement System will not be responsible for the two (2%) percent deduction.
Should a retiree opt not to avail to this benefit and decline participation at any time, there shall be no re-admission or availability of this benefit at any subsequent date.
It is the intent of the Township of Burlington to provide for the continuation of existing coverage at a level equal to that at the time of retirement to the eligible retiree, spouse and eligible dependents until the Employee is eligible for Medicare. In the event that the chosen coverage provider amends its coverage requirements or imposes conditions on the retiree over which the Township has no actual or contractual control, the Township will not be obligated to provide additional or different insurance coverage to substitute for the coverage at the time of retirement. The Township shall continue such coverage for retirees as is set forth in this Agreement hereafter to the extent such coverage remains permissible under New Jersey law.
Should the retiree opt to select the Township’s self-insurance plan, regardless of whichever carrier administers same, the retiree shall only be responsible for payment of the aforestated percentages to a maximum of the amount of the annual premium. Payment of the appropriate percentage to the Township of Burlington shall be quarterly on the basis of usage as reported to the Township by the self-insured Health Benefits provider. Payment to the Township shall cease when the actual usage is equal to the established annual premium.
An Employee awarded an accident (job-related) disability will be covered under this provision in accordance with his/her age regardless of length of service.
When two township employees are married and one or both is retired with the appropriate years of service for benefits, and the retired employee has a life altering event such as a death of spouse or divorce. The retired employee will be enrolled back into the Township’s insurance plan under the appropriate coverage.
Hospitalization Upon Death of Retiree
Spouse to remain from date of Death of employee, plus one (1) year at the Township’s cost.
Children, one half (1/2) of the cost are borne by the Township until the child reaches the age of eighteen (18).
All coverages end when (if) spouse remarries.
Health Benefits After Retirement (new hires after 12/31/01)
Twenty-five (25) years of continuous service with the Township of Burlington.
Benefit to apply to Health coverage only for family. Dental and Prescription Plan may be carried at the Township’s group rate at the Employee’s sole cost.
Vision care provision ceases upon retirement.
Life Insurance (Permanent Employees Eligible)
The Township of Burlington has a Group Life Insurance Plan for members of the Police and Firemen’s Retirement System of New Jersey. In the event that an Employee shall be granted a leave of absence due to illness or other incapacity other than that which is incurred within the line of duty, coverage under said leave of absence shall be handled pursuant to Section VIII, Paragraph A.
There shall be no change in the group hospital medical plan or any type of insurance presently maintained and paid by the Employer, on behalf of the Employee, except in the case of a new plan that is equivalent or better.
EMPLOYEE RIGHTS
The Township will provide the FOP with copies of all personnel orders as soon as the personnel orders are issued. As used in this Section, “personnel order” shall be defined as all written notices of actual disciplinary actions, notices of intent to take disciplinary actions, transfer notices, promotion notices and termination notices.
Any Employee who will be interviewed concerning an act which, if proven, could reasonably result in disciplinary action against his/her will be afforded the following safeguards:
The Employee will be informed prior to the interview if the Township believes the employee is a suspect in the investigation.
The Employee will be informed of the nature of the investigation and allegations and afforded the opportunity to consult with a FOP representative prior to an interview. The Employee shall be allowed the right to have a FOP representative or to have said representative present at the interview shall not delay the interview more than two (2) hours except for minor complaints (incidents for which discipline no greater than oral reprimand may result) which may be handled immediately when said representative is not readily available. However, if in the course of the interview, it appears as if a more serious disciplinary problem has developed, the employee will be allowed up to two (2) hours to obtain a representative to assist him/her in the interview.
With the exception of telephone interviews, interviews shall take place at the Township facility, or elsewhere, if mutually agreed, unless an emergency exists which requires the interview to be conducted elsewhere.
The Township shall make a reasonable good faith effort to conduct these interviews during the Employee’s regular working hours, except for emergencies or where interviews can be conducted by telephone.
The Employee will be required to answer any questions involving non-criminal matters under investigation and will be afforded all rights and privileges to which he/she is entitled under the laws of this State or the United States of America.
Interviews shall be conducted under circumstances devoid of intimidation, abuse or coercion.
The Employee shall be entitled to such reasonable intermissions, as he/she shall request for personal necessities.
All interviews shall be limited in scope to activities, circumstances, events, conduct or acts, which pertain to the incident which is the subject of the investigation. Nothing in this section shall prohibit the Township from questioning the employee about information, which is developed during the course of interview.
If the Township tape records the interview, a copy of the complete interview of the Employee, noting all recess periods, shall be furnished, upon request, to the Employee. If the interviewed Employee is subsequently charged, and any part of any recording is transcribed by the Township, the Employee shall be given a complimentary copy of thereof.
Interviews and investigations shall be concluded with no unreasonable delay.
The Employee shall be advised of the results of the investigation and any future action to be taken on the incident.
When the investigation results in Departmental charges being filed against the Employee, the Employee, upon request, will be furnished with a copy of the reports of the investigation, which will contain all known material facts of the matter, to include any tape recordings, at no cost. The Employee will also be furnished with the names of all witnesses and complainants who will appear against him/her and/or whose statements will be used against him/her.
Every effort to ensure that investigations made by Command Officials, as designated by the Township, are conducted in a manner which is conductive to good order and discipline, the FOP shall be entitled to the protection of what shall hereinafter be termed the “Uniformed Employee Bill of Rights.”
Every Employee who becomes the subject of an internal investigation shall be advised at the time of the interview that he/she is suspected of: (a) committing a criminal offense; (b) misconduct that would be grounds of termination, suspension or other disciplinary action; (c) that he/she may not be qualified for continued employment with the Township.
Any Employee who becomes the subject of a criminal investigation may have legal counsel present during all interviews. This representation by counsel is confined to counseling and not actual participation in the investigation. A criminal investigation, as used herein, shall be interpreted as any action, which could result in the filing of a criminal charge. A major investigation, as used elsewhere in this Article, shall be interpreted as any action, which could result in dismissal from the Department of the filing of a criminal charge.
The Employee under investigation must, at the time of an interview, be informed of the name of the officer in charge of the investigation and the name of the officer who will be conducting the interview.
The Employee shall be informed, in writing, as to whether he/she is a witness or suspect before any interview commences. If the Employee is a suspect, he/she shall be apprised, in writing, of the allegations of such complaint before any interview commences.
The interview of any Employee shall be at a reasonable hour, preferably when the Employee is on duty, unless the emergency of the interview dictates otherwise.
The Employer or Township may request that a major investigation interview be recorded, either mechanically, or by a stenographer, at the cost of the calling party. There can be no “off the record” questions. Upon request, the Employee under major investigation shall be provided an exact copy of any written statement he/she has signed, or of a verbatim transcript of any interview.
Interviews shall be completed within a reasonable time and shall be done under circumstances devoid of intimidation or coercion. In all major investigation interviews, the Employee shall be afforded an opportunity and facility to contact and consult privately with an attorney of his/her choosing, before being interviewed. The Employee shall be entitled to such intermissions as he/she shall request for personal necessities, meals, telephone calls and rest periods.
All interviews shall be limited in scope to activities, circumstances or events which pertain to the Employee’s conduct or acts which may form the basis for disciplinary action under one (1) or more of the categories contained herein.
The Employee will not be threatened with dismissal or other disciplinary punishment as a guise to attempt to obtain his/her resignation, nor shall he/she be subject to abusive or offensive language or intimidation in any other manner. No promises or rewards shall be made as an inducement to answer questions.
The Employee shall be required to unwillingly submit to a polygraph test or to unwillingly answer questions for which the Employee might otherwise properly invoke the protections of any constitutional amendment against self-incrimination.
Should any section, subsection, paragraph, sentence, clause or phrase in this article be declared unconstitutional or invalid, for any reason, such decision shall not affect the validity of the remaining portions of this article.
The Township will reimburse the bargaining unit for all fees and costs associated with the successful appeal of disciplinary actions. Payment to be made within thirty (30) days of the submission of the costs to the Township.
MISCELLANEOUS
College Credits
The parties agree that the rights contained under Township Ordinance 3:1-6.11, as amended in 1995, entitled “College Credits”, shall be amended to provide for the following conditions:
All college credits shall be paid by December 1st of each year.
If as of January 1, 1998, a Member has not successfully completed requirements for at least an Associates Degree, all payments for college credits shall cease until the Degree is achieved.
If a Member has not successfully completed requirements for a Bachelor’s Degree, the Township shall only pay for the Associates’ Degree credits plus a maximum of twenty (20) credits.
If a Member has not successfully completed requirements for a Master’s Degree, the Township shall only pay for Bachelor’s Degree credits, plus a maximum of twenty (20) credits.
Should a Master’s Degree be achieved by a Member, the Township shall pay for all credits the member has accumulated in reaching this degree.
Those employees hired after January 1, 1994 shall not be paid for any college credits until such time as a minimum of an Associates’ Degree is achieved.
Those Employees in a Recruit Status will not receive any compensation for college credits. Upon graduation from a PTC Basic Police Academy, college credit compensation will commence from that date.
Special Police Officers – Class I and Class II
Special Officers shall not be used to replace Patrolmen unless no regular Officers are available or unless an emergency as determined by Management arises. In no event shall such usage be contrary to the Attorney General’s opinion concerning use of Special Officers.
Officer In-Charge
Where a senior Patrolman is required to assume the duties of shift supervisor, as assigned by the Public Safety Director/Chief Law Enforcement Officer, said Patrolman is to be paid in addition to his normal pay, a rate of $2.00 per hour for the time during which he is acting in a supervisory capacity. The most senior officer working on any given shift will be appointed as Officer-In-Charge (“O.I.C.”) in the absence of a Sergeant or Lieutenant, as long as said officer had a minimum of four (4) years in service.
Personal Vehicles
Employees will be paid according to current IRS Standard mileage rates per mile for use of personal cars for Township business when authorized by the Public Safety Director/Chief Law Enforcement Officer. This proposal will not apply if a Police vehicle is made available to the Employee, or if the Employee rejects the use of the Police vehicle so made available. Mileage allowance will not apply to travel to and from the basic Police training academies.
Detective’s Vehicles
Those Employees holding the classification of Detective shall have a Township vehicle made available to him at all times. This use is in consideration of the specific “stand by” status required of these individuals. Police situations may occur over which Management has no control that may preclude the use of said vehicle. In that case, the mileage rate for use of personal vehicle will prevail.
Maintenance/Clothing Allowance
The Township agrees to provide all Employees covered under this Agreement with the sum of $600.00 per year annual clothing maintenance allowance, payable annually on December 1st on Township voucher.
The Township agrees to provide all Detectives with an annual clothing allowance in the amount of $700.00.
Incentive Work Attendance
The Township, as an incentive for perfect attendance at work, a full-time permanent employee covered by this Agreement, who, during any twelve (12) month time period, regardless of calendar year, does not utilize any portion of his sick time, However, certain injuries, deemed not negligent, may occur in carrying out Police duties that will not affect Employees eligibility for this work attendance incentive. injury time or workmen’s compensation benefits, shall provide a United States Savings Bond in the amount of a One Thousand ($1,000.00) Dollar savings bond after an Employees’ one (1) year of perfect attendance and payment shall be made within forty-five (45) business days unless mutually extended by the parties.
In addition, each Employee utilizing three (3) or less sick leave entitlement days in one (1) calendar year may choose to accumulate the entire fifteen (15) days, which is covered under this Agreement or accumulate ten (10) days and transfer five (5) sick leave entitlement days to be used in conjunction with guidelines set for under the Agreement governing leave entitlement.
Determination of a bona fide work related injury as it applies in this incentive program will rest with the Public Safety Director.
Those Employees in a Recruit Status shall be considered as eligible for this incentive beginning with the date of their graduation from a PTC Basic Police Academy. Time spent in a Recruit Status will not be counted as eligible.
Death of Employee
An Employee who dies while employed will have his/her surviving spouse or estate receive pay for sick leave at sixty-five (65%) percent of the Employee’s total accumulated leave time. Should an officer die in the line of duty, then the surviving spouse or estate shall receive pay for sick leave at one hundred (100%) percent of the Employee’s total accumulated time. All other time earned in the year of the Employee’s death will be prorated and paid in full.
Meal Allowance
The Township shall provide a ten ($10.00) dollar meal allowance for those Police Officers assigned to range duty as Range Instructors. Payment shall be made upon submission of appropriate receipts.
Equipment
Those officers assigned as Detectives and to the Street Crimes Unit will be issued a cellular phone for the duration of their assignment to said unit.
MULTI-YEAR CONTRACTS
It is understood and agreed between the parties to this Agreement, that this Agreement shall be multi-year in nature and is designed to cover the labor and management understanding for all Employees covered by the Agreement for three (3) years, provided that in the event that Township legislation is required, the effectiveness of the provisions shall be postponed until said Township legislation is adopted, but shall be retroactive in any event until January 1st of the year involved.
TERMINATION
This Agreement shall be effective as of the first day of January 2011, and shall remain in full force and effect until the 31st day of December 2013. It shall be automatically renewed from year to year thereafter, unless either party shall notify the other, in writing, at least ninety (90) days prior to the expiration date, that it desires to modify this Agreement. In the event that such notice is given, negotiations shall begin “no later” than sixty (60) days prior to the expiration date; and this Agreement shall remain in full force and effect during the period of negotiations and until notice termination of this Agreement is provided to the other party in the manner set forth in the following paragraph.
In the event that either party desires to terminate this Agreement, written notice must be given to the other party no less than thirty (30 )days prior to the desired termination date, which shall not be before the expiration date set forth in the preceding paragraph.
SEPERABILITY AND SAVINGS CLAUSE
This Agreement is the entire understanding between the parties, and in the event that any paragraph hereof shall be declared unconstitutional, or contrary to prevailing law, it is the intent of the parties to allow the balance of the Agreement to survive as is, and to adhere to the terms and conditions of the Agreement, as if the offending paragraph were not a part of this Agreement, and the balance of the Agreement shall remain in full force and effect.
FULLY BARGAINED FOR PROVISIONS
This Agreement represents the totality of the understanding and agreements reached between the parties and it is the intent of the parties that during the term of this Agreement, that neither side shall be required to negotiate or renegotiate over any of the subjects herein contained, and that the contractual understanding between the parties shall, during the term of this Agreement, be governed by the provisions hereof, except as set forth in the next subsequent paragraph. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals this day of 2011.
ATTEST: TOWNSHIP OF BURLINGTON
By: By:
Anthony J. Carnivale Jr., Brian J. Carlin, Mayor
Township Clerk
Dated: Dated:
BURLINGTON TOWNSHIP FOP, LODGE #84
(Superior Officers)
By: By:
Dated: Dated:
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