1
FOP Lt & Sgt 2005-08.DOC
AGREEMENT
Between
TOWNSHIP OF MARLBORO
MONMOUTH COUNTY, NEW JERSEY
AND
FRATERNAL ORDER OF POLICE #15 SENIOR
OFFICERS
(SERGEANTS AND LIEUTENANTS)
______________________________________________________________________
JANUARY 1, 2005 through December 31, 2008
______________________________________________________________________
TABLE OF CONTENTS
PREAMBLE 1
ARTICLE I
RECOGNITION 2
ARTICLE II
MANAGEMENT PREROGATIVES 3
ARTICLE Ill
RULES AND REGULATIONS 5
ARTICLE IV
DISCRIMINATION AND COERCION 6
ARTICLE V
MAINTENANCE OF OPERATIONS 7
ARTICLE VI
GRIEVANCE PROCEDURE … 8
ARTICLE VII
DEDUCTIONS FROM SALARY 12
ARTICLE VIII
BILL OF RIGHTS 15
ARTICLE IX
DISCHARGE OR SUSPENSION 17
ARTICLE X
HOURS OF WORK AND OVERTIME . 18
ARTICLE XI
SALARIES . 22
ARTICLE XII
LONGEVITY 23
ARTICLE XIII
HOLIDAYS 24
ARTICLE XIV
VACATIONS 26
ARTICLE XV
PERSONAL DAYS ... 28
ARTICLE XVI
SICK LEAVE 29
ARTICLE XVII
TERMINAL LEAVE 31
ARTICLE XVIII
BEREAVEMENT LEAVE 33
ARTICLE XIX
LODGE BUSINESS LEAVE 34
ARTICLE XX
CLOTHING & EQUIPMENT - SUPPLY & MAINTENANCE 36
ARTICLE XXI
EDUCATIONAL BENEFITS 37
ARTICLE XXII
EMPLOYEE TRAINING 39
ARTICLE XXIII
LEGAL ACTIONS AGAINST POLICE OFFICERS 40
ARTICLE XXIV
MEAL AND MILEAGE ALLOWANCE 42
ARTICLE XXV
HEALTH AND LIFE INSURANCE 43
ARTICLE XXVI
PENSIONS 45
ARTICLE XXVII
SENIORITY 46
ARTICLE XXVIII
BULLETIN BOARDS 48
ARTICLE XXIX
MUTUAL AID . 49
ARTICLE XXX
IRS SECTION 125 PLAN 50
ARTICLE XXXI
MAINTENANCE OF STANDARDS 51
ARTICLE XXXII
SAVINGS CLAUSE 52
ARTICLE XXXIII
INJURY LEAVE 53
ARTICLE XXXIV
PERSONNEL FILES 56
ARTICLE XXXV
DURATION OF AGREEMENT 57
PREAMBLE
This Agreement entered into this day of , 2005, by and
between the Township of Marlboro, in the County of Monmouth, a municipal corporation of the State of New Jersey, hereinafter called the "Township", and the Fraternal Order of Police, Lodge #15, an affiliate of the Fraternal Order of Police - New Jersey Labor Council, hereinafter called the. "Lodge", represents the complete and final understanding on ail bargainable issues between the Township and the Lodge.ARTICLE I RECOGNITION A. The Town hereby recognizes the Lodge as the sole and exclusive
representative of all employees in the bargaining unit as herein defined, for the
purposes of collective bargaining and all activities and processes relative thereto.
B. The bargaining unit shall consist of all Sergeants and Lieutenants of the
Police Department of the Township of Marlboro, New Jersey, now employed or
hereafter employed. For the purposes of this Agreement the terms police officer,
employee or employees shall refer to all members of the bargaining unit as defined
herein.
C. The rights and privileges of the Lodge and its representatives as set forth
in this Agreement shall be granted to the Lodge or any recognized representative of
the Marlboro Township Police Department or members thereof.
D. This Agreement shall govern all wages, hours and other terms and
conditions of employment herein set forth.
E. This Agreement shall be binding upon the parties hereto, and their
successors.ARTICLE II
MANAGEMENT PREROGATIVES A. The Township of Marlboro hereby retains and reserves unto itself all powers, rights, authority, duties and responsibilities conferred upon and vested in it prior to the signing of this Agreement by the laws and Constitution of the State of New Jersey and of the United States, including, but without limiting the generality of the foregoing, the following rights:
1. The executive management and administrative control of the
Township Government and its properties and facilities and activities of its employees
by utilizing personnel, methods and means of the most appropriate and efficient
manner possible as may from time to time be determined by the Township.
2. To make rules of procedure and conduct, to use improved
methods and equipment, to decide the number of employees needed for any particular
time and to be in sole charge of the quality of the work required.
3. The right of management to make such reasonable rules and
regulations as it may from time to time deem best for the purposes of maintaining
order, safety and/or the effective operation of the Department after advance notice
thereof to the employees.
4. To hire all employees, to promote, transfer, assign or retain
employees in positions within the Township.
5. To suspend, demote, discharge or take any other appropriate
disciplinary action against any employee for good and just cause according to law,
and this Agreement.
2. 6. To layoff employees in the event of lack of work or funds, so long as such lack of work or funds is bona fide.
B. Nothing contained herein shall be construed to deny or restrict the Township of its rights, responsibilities and authority under R.S. 40A, or any other national, state, county or local laws or regulations.
ARTICLE III
RULES AND REGULATIONS A. Proposed new rules or modifications of existing rules governing negotiable working conditions shall be negotiated with the majority representative before they are established.ARTICLE IV
DISCRIMINATION AND COERCION
A. There shall be no discrimination, interference or coercion by the Township or by any of its agents against the Lodge or against the employees represented by the Lodge because of membership activity in the Lodge. There shall be no discrimination or coercion by the Lodge or any of their agents against any employee covered by this Agreement because of membership or non-membership in the Lodge. Nor shall the Township discriminate in favor of, or assist, any other labor or police organization which in any way affects the Lodge's rights as certified representative for the period during which the Lodge remains the certified representative of the employees. Neither the Township nor the Lodge shall discriminate against any employee because of race, color, creed, sex, age or national origin. The Township will cooperate with the Lodge with respect to all reasonable requests concerning the Lodge's responsibilities as certified representative.ARTICLE V
MAINTENANCE OF OPERATIONS A. The Lodge hereby covenants and agrees that during the term of this
Agreement, neither the Lodge nor any person acting in 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 in whole or in part, from the full, faithful and proper
performance of the employee's duties of employment), work stoppage, slowdown,
walk-out or other job action against the Township.
B. The Lodge agrees that it will make every reasonable effort to prevent its
members from participating in any strike, work stoppage, slowdown or other activity
aforementioned, or support any such action by any other employee or group of
employees of the Township, and that the Lodge will publicly disavow such action and
order all such members who participate in such activities to cease and desist from
same immediately and to return to work. Nothing herein shall be construed to restrict
the employees' rights under the First Amendment of the United States Constitution.
C. Nothing contained in this Agreement shall be construed to limit or restrict
the Township 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, of both, in the event of such breach
by the Lodge or its members.
D. The Township agrees that it will not engage in the lockout of any of its
employees.
A. Complaints may be initiated by an individual employee to the Chief of
Police, if the complaint is not adjusted satisfactorily and the employee wishes to
initiate a grievance, it shall be presented by the authorized Lodge representative.
B. 1. The term "grievance" as used herein means an appeal by an
individual employee or the Lodge on behalf of an individual employee or group of
employees, from the interpretation, application or violation of policies, agreements,
and administrative decisions affecting them.
2. No grievance may proceed beyond Step 3 herein unless it constitutes a controversy arising over the interpretation, application or alleged violation of the terms and conditions of this Agreement. Disputes concerning terms and conditions of employment controlled by statute or administrative regulation, incorporated by reference in this Agreement either expressly or by operation of law, shall not be processed beyond Step 3 herein.
C. When an individual employee or the Lodge wishes to present a
grievance, the grievance shall be presented in accordance with the following
procedure;
Step 1. The aggrieved or the Lodge President or his designated
representative shall file a written grievance within fifteen (15) calendar days after the event giving rise to the grievance has occurred or knowledge thereof, and an earnest effort shall be made to settle the differences between the aggrieved employee or the Lodge President or his designated representative, and the Bureau Commander.
Failure to act within said fifteen (15) calendar days shall be deemed to constitute an abandonment of the grievance. The Bureau Commander shall answer the grievance in writing within ten (10) calendar days of its filing.
Step 2. If the grievance is not resolved at Step 1, or if no answer
has been received by the Lodge within the time set forth in Step 1, the aggrieved or the Lodge President or his designated representative may present the grievance in writing within ten (10) calendar days to the Chief of Police. The written grievance at this Step shall contain the relevant facts and the applicable section of the contract allegedly violated and the remedy requested by the grievant. The final decision of the Chief of Police shall be given to the Lodge in writing within ten (10) calendar days after receipt of the grievance by the Chief of Police. Nothing herein will prevent either side from attempting to resolve the grievance through mutual discussions.
Step 3. If the grievance is not resolved at Step 2, or if no answer
has been received by the Lodge within the time set forth in Step 2, the aggrieved or the Lodge President or his designated representative may present the grievance in writing within seven (7) calendar days thereafter to the Mayor or his designated representative. The written grievance at this Step shall contain all relevant documents and correspondence from the preceding Step. The final decision of the Mayor shall be given to the Lodge in writing within fourteen (14) calendar days after receipt of the grievance by the Mayor. Nothing herein will prevent either side from attempting to resolve the grievance through mutual discussions.
Step 4. If the grievance is not settled through Steps 1, 2 and 3,
either party shall have the right to submit the dispute, within fourteen (14) calendar days after receipt of the answer by the Mayor, or if no answer has been received within the contractual time limits, to arbitration pursuant to the Rules and Regulations of the Public Employment Relations Commission. The costs for the services of the Arbitrator shall be borne equally by the Township and the Lodge. Any other expenses, including but not limited to the presentation of expert witnesses, shall be paid by the parties incurring same.
D. 1. The parties may direct the Arbitrator to decide, as a preliminary
question, whether he has jurisdiction to hear and decide the matter in dispute.
2. The Arbitrator shall be bound by the provisions of this Agreement and the Constitution and Laws of the State of New Jersey and be restricted to the application of the facts presented to him 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 amendment or supplement thereto. The decision of the Arbitrator shall be final and binding.
E. Reasonable disclosure will not be withheld involving internal Township
correspondence, providing it directly relates to the party or parties involved in the
grievance, and directly relates to the grievance itself.
F. Any employee who elects to file an appeal with the Department of
Personnel on a matter which is contractually arbitrable shall waive his/her rights to the
final step in this Grievance Procedure, unless it is determined that the Department of
Personnel is not the proper forum to hear the appeal.
G. Disciplinary matters shall be arbitrable to the extent permitted by law.
H. Any time limits contained herein may be waived, extended or bypassed by written mutual agreement.
A. The Township agrees to deduct from the salaries of its employees,
subject to this Agreement, dues for the Lodge. Such deductions shall be made in
compliance with Chapter 123, Public Laws of 1974, N.J.S.A. (R.S.) 52:14-15.9e, as
amended.
B. A check-off shall commence for each employee who signs a properly
dated authorization card, supplied by the Lodge and verified by the Township
Treasurer, during the month following the filing of such card with the Township.
C. If during the life of this Agreement there shall be any change in the rate of
membership dues, the Lodge shall furnish to the Township written notice thirty (30)
days prior to the effective date of such change and shall furnish to the Township either
new authorizations from its members showing the authorized deduction for each
employee, or an official notification on the letterhead of the Lodge and signed by the
President of the Lodge advising of such changed deduction.
D. The Lodge will provide the necessary "check-off authorization" form and
the Lodge will secure the signatures of its members on the forms and deliver the
signed forms to the Township Clerk.
E. Any such written authorization may be withdrawn at any time by the filing
of notice of such withdrawal with the Township Clerk. The filing of notice of withdrawal
shall be effective to halt deductions in accordance with N.J.S.A. 52:14-15.9e, as
amended.
F. The Township agrees to deduct the fair share fee from the earnings of
those employees who elect not to become members of the Lodge and transmit the fee
to the majority representative.
G. The deduction shall commence for each employee who elects not to
become a member of the Lodge during the month following written notice from the
Lodge of the amount of the fair share assessment. A copy of the written notice of the
amount of the fair share assessment must also be furnished, to the New Jersey Public
Employment Relations Commission.
H. The fair share fee for services rendered by the Lodge shall be in an amount equal to the regular membership dues, initiation fees and assessments of the Lodge, less the cost of benefits financed through the dues and available only to members of the Lodge, but in no event shall the fee exceed eighty-five (85%) percent of the regular membership dues, fees and assessments.
I. The sum representing the fair share fee shall not reflect the costs of financial support of political causes or candidates, except to the extent that it is necessary for the Lodge to engage in lobbying activity designed to foster its policy goals in collective negotiations and contract administration, and to secure for the employees it represents advances in wages, hours and other conditions of employment which ordinarily cannot be secured through collective negotiations with the Township.
J. Prior to January 1 and July 31 of each year, the Lodge shall provide advance written notice to the New Jersey Public Employment Relations Commission, the Township and to all employees within the unit, the information necessary to
compute the fair share fee for services enumerated above.
K. The Lodge shall establish and maintain a procedure whereby any employee can challenge the assessment as computed by the Lodge. This appeal procedure shall in no way involve the Township or require the Township to take any action other than to hold the fee in escrow pending resolution of the appeal.
L. The Lodge shall indemnify, defend and save the Township harmless against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of action taken by the Township in reliance upon salary deduction authorization cards or the fair share assessment information as furnished by the Lodge to the Township, or in reliance upon the official notification on the letterhead of the Lodge and signed by the President of the Lodge, advising of such changed deduction.
A. 1. Employees covered by this Agreement hold a unique status as public officers in that the nature of their office and employment involves the exercise of a portion of the police powers of the municipality.
2. The wide ranging powers and duties given to the Department and its members involve them in all manners of contacts and relationships with the public. Out of these contacts may come questions concerning the actions of the members of the force. These questions may require investigation by superior officers. In an effort to ensure that these investigations are conducted in a manner which is conducive to good order and discipline, the following rules are hereby adopted:
a. The interrogation of an employee shall be at a reasonable
hour, preferably when the employee is on duty.
b. The employee shall be informed of the nature of the
investigation before any interrogation commences. Sufficient information
to reasonably apprise the employee of the allegations should be
provided, if it is known that the employee is being interrogated as a
witness only, he should be so informed at the initial contact.
c. The questioning shall be reasonable in length. Reasonable
respites shall be allowed. Time shall also be provided for personal
necessities, meals, telephone calls, and rest periods as are reasonably
necessary.
d. The complete interrogation of the employee shall be recorded
mechanically or by the Department stenographer. There will be no "Off
the Record" questions. All recesses called during the questioning shall
be recorded.
e. The employee shall not be subject to any offensive language,
nor shall he be threatened with transfer, dismissal or other disciplinary
punishment. No promise of reward shall be made as an inducement to
answering questions.
f. If an employee is under arrest or is likely to be, that is, if he is a
suspect or the target of a criminal investigation, he shall be given his
rights pursuant to the current decisions of the United States Supreme
Court.
g. In all cases and at every stage of the disciplinary proceedings
or investigations where disciplinary action is being contemplated by the
Township, in the interest of maintaining the usual high morale of the
force, the Township shall afford an opportunity for an employee, if he so
requests, to consult with and have present his Lodge representative(s)
before being questioned concerning a violation of the Rules and
Regulations.
3. All disciplinary actions will be handled in accordance with applicable law, including, but not limited to N.J.S.A. 40A:14-147ARTICLE IX
DISCHARGE OR SUSPENSION A. No employee shall be disciplined, discharged or reduced in rank or compensation without just cause.
ARTICLE X
HOURS OF WORK AND OVERTIME A. 1. The workday shall consist of not more than eight (8) consecutive
hours in a 24-hour period. The work week shall consist of five (5) consecutive 8-hour
days followed by two (2) days off for a period of two (2) weeks. In the third week of
each cycle, the work week shall consist of five (5) consecutive 8-hour days, followed
by three (3) days off. Each workday consisting of eight (8) hours shall include a one-
half (1/2) hour meal period.
2. In extenuating circumstances, and with the written approval of the Lodge, an employee may agree to temporary shift rotation other than that currently provided by contract. Such changes shall not exceed thirty (30) calendar days, but shall be renewable upon agreement of both the Lodge and the Township. Any such shift change shall include necessary computation changes in areas such as overtime.
B. 1. Whenever an employee is required to work overtime in excess of
and in continuation of his regular day's shift, he shall be compensated at the rate of
one and one-half (1 1/2) times his regular hourly rate of pay for all time worked.
2. No employee who currently has in excess of one hundred and
twenty (120) hours of compensatory time shall accumulate further compensatory time
until, through attrition, the employee has less than one hundred and twenty (120) total
hours of such time.
3. Compensatory time shall be earned at the rate of one and one-half (1 1/2) times all time worked.
4. Compensatory time can be taken only upon prior notice to and
approval of the employee's immediate supervisor.
5. At least six (6) months prior to an employee's retirement or
voluntary termination, the employee must schedule to take all of his or her
accumulated compensatory time prior to said retirement or voluntary termination. If the
employee fails to schedule his or her compensatory time, the Township, at its sole
discretion, can schedule the compensatory time to be taken, or choose to pay the
employee for his or her accumulated compensatory time upon retirement or
termination.
C. If an employee is recalled to duty or is called to duty on an off duty day,
he shall receive a minimum guarantee of four (4) hours compensation at the overtime
rate, provided said recall duty is not contiguous with the employee's normal shift.
D. In the event an employee is required by or on behalf of the Township, or
due to the employee's actions arising out of or incidental to the course of his
employment to testify or appear in Court during his time-off, then he shall receive
overtime as per this Article for the time spent in Court, with a minimum of four (4) hours
compensation.
E. For purposes of overtime, whenever an employee is required to give up
non-scheduled time, it shall be considered work.
F. As far as practicable, in light of the nature of the work necessitating overtime, overtime shall be distributed equally on a rotating basis of seniority.
G. Overtime for outside employment as assigned by the Township shall be
by seniority on a rotating basis and in accordance with the Departmental procedure in assigning departmental overtime, with the Township attempting to give each employee an equal number of opportunities at outside employment.
H. The Chief of Police or his designee shall notify the employee at least five (5) days in advance of any change or modification of his or her work schedule.
I. 1. Employees will attend a maximum of four (4) division meetings per year. These meetings are not to exceed three (3) hours, unless employees are compensated with overtime pay. Employees attending these meetings during their off-duty time will be compensated for attendance by receiving straight time pay up to the three (3) hour limit.
2. The Township also agrees to the following:
a. No meetings will be held on legal holidays or on the day
before and the day after said holiday.
b. No employee will be required to attend division meetings if
said employee is on vacation, holiday or sick time off.
c. No employee may be required to perform any work function
during meetings if said employee is off duty.
d. Meetings will be held between the hours of 0800 and 2100
hours.
e. There will be a minimum of seventy-two (72) hours notice of
a meeting, prior to that meeting.
J. Employees shall be considered "on call" for Court from 9:00 a.m. to 4:00 p.m. Employees shall be compensated for such "on call" time at their straight time base hourly rate on an hour for hour basis from 9:00 a.m. until 4:00 p.m., unless released earlier. It is understood that an employee who is on call must remain at his residence or at a number given to the department. If an employee fails to remain at his residence, or does not answer the number given to the department he shall receive no compensation for the "on call" time except if the employee returns the call within fifteen (15) minutes from the time of the initial call to him and then complies with direction regarding reporting, then no "on call" compensation shall be deducted.
K. 1. Effective retroactive to January 1, 1991, for the purpose of calculating overtime, an employee's base salary plus any longevity entitlement and/or educational incentive shall be divided by 2,080.00.
2. Effective January 1, 1992, for the purpose of calculating overtime, an employee's base salary plus any longevity entitlement and/or educational incentive shall be divided by 1,991.00.
SALARIES
A. Effective January 1, 2005, the annual base salaries to be paid to all
bargaining unit members shall be as follows:
CLASSIFICATION BASE SALARY
Lieutenant $96,562.27
Sergeant $89,671.26
B. Effective January 1, 2006, the annual base salaries to be paid to all
bargaining unit members shall be as follows:
CLASSIFICATION BASE SALARY
Lieutenant $100,424.76
Sergeant $93,258.11
C. Effective January 1, 2007, the annual base salaries to be paid to all bargaining unit members shall be as follows:
CLASSIFICATION BASE SALARY
Lieutenant $104,692.81
Sergeant $97,221.58
D. Effective January 1, 2008, the annual base salaries to be paid to all bargaining unit members shall be as follows:
CLASSIFICATION BASE SALARY
Lieutenant $109,142.25
Sergeant $101,353.50
A. In addition to an employee's regular salary, he shall receive a longevity
increment to be added to his base salary as follows except that no employee's pre-
existing longevity increment shall be reduced during the term of this Agreement:
YEARS OF SERVICE LONGEVITY INCREMENT
1. After five (5) years 2.0%
2. After ten (10) years 5.0%
3. After fifteen (15) years 7.5%
4. After twenty (20) years* 10.0%
5. After twenty-four (24) years' 12.5%
B. For the purposes of computing longevity, years of service shall
commence from the date of hire of the individual.
Effective January 1, 2005 these steps will receive, in addition to the indicated annual percentage, employees with 15 or more years of service shall receive $1,500.00 on the same terms given above on the percentages.
A. The following shall be considered legal holidays during the term of this
Agreement:
New Years Day Independence Day
Martin Luther King's Birthday Labor Day
Columbus Day Memorial Day
Lincoln's Birthday Washington's Birthday
Veteran's Day Thanksgiving Day
Good Friday Christmas Day
Easter Sunday National Election Day
B. The Township, shall observe the above mentioned holidays, and in
addition thereto, the Mayor may, by executive order, decree such additional holiday
periods as he deems appropriate.
C. 1. In lieu of receiving an additional personal day (personal days will remain at four days), employees will be paid at the rate of one and one-half (1 1/2) times their regular rate of pay for eight (8) holidays. This holiday pay shall be a part of base salary.
2. a. Employees shall receive the remaining holidays as days off in lieu of holidays. These days off in lieu of holidays shall be granted by the Township as and when requested by the employee, except where the manpower needs of the Department preclude the granting of the day off. When an employee's request for day off in lieu of holiday is denied because of the manpower needs of the Department, the employee's request for another day off shall be granted as soon as possible after the request is made.
b. Employees must apply for all days off in lieu of holidays by
November 1. If the days off in lieu of holidays are not applied for by November 1, said
days will be paid at straight time. However, the Chief of Police has the option, at his
sole discretion, to schedule the employees to take all or some of the unapplied for
days off in lieu of holidays between November 1 of that year and April 1 of the
following year.
c. Days off in lieu of holidays will be scheduled at least five (5)
days in advance, except in case of emergency.
d. All scheduled holidays may be changed due to schedule
changes initiated by the Chief of Police, manpower needs, or, at the employee's
request, with the mutual consent of the Chief of Police.
e. For the purpose of this Article only, holidays shall be
accrued on a pro-rated monthly basis. Any month in which an employee is absent for
more than fifty (50%) percent of his scheduled work days in any given month due to
disciplinary suspension or leave of absence with or without pay, said employee shall
not accrue any holiday time or pay for that month.
f. "Holiday" for those employees working the patrol schedule
as defined in Article X, Section A1 shall be defined as the actual date of the holiday.
g. Employees terminating their employment with the Township
or having their employment with the Township terminated by the Township shall be
entitled to be paid for all holiday time or pay accrued on the established pro-rata
monthly basis.
A. Employees shall receive annual vacation leave in accordance with the
following schedule:
YEARS OF SERVICE VACATION ENTITLEMENT
1-5 years 12 working days
6-10 years 15 working days
11-15 years 18 working days
16-20 years 21 working days
Over 20 years 25 working days
B. 1. By November 1 of each year, a tentative annual work schedule for
the following work year shall be provided.
2. Vacation requests submitted prior to December 1 shall be
scheduled on a seniority basis. Any vacation requests submitted after December 1
shall be scheduled on a first-come first-served basis.
3. The Chief of Police or his designated representative shall post a
finalized schedule and notify the employee of his approved vacation by January 1.
However, the Chief of Police or his designated representative reserves the right to
change schedules to meet the needs of the Township.
4. The Chief of Police or his designated representative shall notify
the employee at least five (5) days in advance of any change or modification of a
vacation schedule.
2. 5. Employees shall have the right to apply to the Chief of Police for vacations encompassing less than five (5) consecutive work days. The granting of such vacations shall be in the sole discretion of the Chief of Police, or his designee.
C. The employee will give notice within twenty-four (24) hours to his travel
agent if it is deemed necessary by management to cancel his vacation. If this
cancellation should cause monetary loss to the employee, the employee will be
reimbursed subject to the following:
1. Written proof that a twenty-four (24) hour notification was given
and caused monetary loss to the employee due to the required payment to an agency
or recreation facility.
2. In case of national or local emergency declared by an authorized
official, the above would not apply.
D. For the purpose of this Section only, vacation days shall be accrued on a
pro-rata monthly basis. Any month in which an employee is absent for more than fifty
(50%) percent of his scheduled work days in any given month due to disciplinary
suspension or leave of absence with or without pay, said employee shall not accrue
any vacation time for that month.
E. Employees terminating their employment with the Township or having
their employment with the Township terminated by the Township shall be entitled to be
paid for all vacation time accrued but not used on a pro-rata basis.
F. Carry over of unused vacation time, up to ten (10) days, to the extent
permitted by law, shall not be unreasonably denied.ARTICLE XV PERSONAL DAYS A. All employees may request up to a maximum of four (4) personal days during the life of this Agreement for personal, business, household or family matters and shall be non-accumulative. Approval of said personal days by the Chief of Police or his designee shall not be unreasonably withheld.
B. Application for a personal day must be submitted at least twenty-four (24)
hours in advance, except in case of an unforeseen circumstances. Personal leave will
not be granted if it interferes with the manpower needs of the Department, except in
case of emergency, which must be identified prior to approval and which the Township
has the right to have verified.
A. In the first year of employment, an employee shall be entitled to one (1)
day of sick leave for each month of employment. Thereafter, sick leave shall
accumulate on the basis of one and one-quarter (1 1/4) days per month, or fifteen (15)
days per year. Sick leave may be accumulated from year to year.
B. Accumulated sick leave may be used by an employee for personal
illness, exposure to contagious disease, or emergency attendance upon a member of
the employee's immediate family who is seriously ill.
C. In the event that an employee utilizes all of his accumulated sick days, other employees of equal rank only may contribute a portion of their accumulated sick
days for use by the employee. The Lodge shall assume the responsibility for acquiring
sick day contributions, and shall notify the Township concerning the individuals
contributing and the number of days contributed.
D. Any employee who shall be absent from work for five (5) or more
consecutive working days for sick leave, or for more than fifteen (15) working days in
any calendar year, may be required to submit acceptable medical evidence
substantiating the illness. The Chief of Police, at his sole discretion, and at any time,
may require the employee to submit acceptable medical evidence of proof of illness or
may require the employee to undergo a physical examination on Township time and at
Township expense, whenever such a requirement appears reasonable to the Chief of
Police, so long as said requirement is not arbitrary or capricious.
E. An employee shall report his or her absence at least two (2) hours prior
to the start of his or her shift where possible except where circumstances prevent the
employee from doing so. In those circumstances, the employee shall report his or her
absence as promptly as possible. Where it is not possible to report the absence at
least two (2) hours prior to the start of the shift, the employee shall report his or her
absence at some point in time prior to the start of the shift.
F. If an employee is absent from work for more than fifty (50%) percent of his
or her scheduled work days in any given month due to disciplinary suspension or
leave of absence with or without pay, said employee shall not accrue any sick time for
that month.
G. Sick leave and FMLA leave for the employee’s own medical coverage shall run concurrently.
ARTICLE XVII
TERMINAL LEAVE
A. Effective January 1, 2005, all employees terminating employment
pursuant to Paragraph C, or who die, except as provided in Paragraph D, while
employees of the Township, shall be paid for their unused sick leave on the basis of
one (1) day's terminal leave pay for every two (2) accumulated sick days up to a
maximum of thirty thousand ($30,000) dollars. All terminal leave payments are computed upon the employee's base rate of pay at the time of termination or death.
B. Effective upon the signing of this Agreement, an employee who retires or
resigns in good standing shall be reimbursed for any unused accrued sick leave as
provided in Paragraph A. An employee terminating his employment for any reason other than retirement under the P.F.R.S. or death shall not be reimbursed for any unused accrued sick leave. In no case will an employee terminated as a result of charges receive payment for accrued sick leave.
C. Effective on the signing of this Agreement, in the event of death in the line
of duty, the employee's estate shall be paid for all earned accumulated time which is
permitted to be earned and/or accumulated under law and this Agreement. Before the
signing of the Agreement, death in the line of duty shall be governed by Paragraph
D. Effective January 1, 1991, in the event of death in the line of duty, the employee's estate shall be paid for the employee's unused sick leave on the basis of one (1) day's terminal leave pay for every one (1) accumulated day, not to exceed fifteen thousand one hundred eighty-seven ($15,187.00) dollars. Effective December
31, 1992, the maximum shall be increased to twenty thousand ($20,000.00) dollars.
This paragraph shall be ineffective as of the date of signing of this agreement and from
then forward death in the line of duty shall be governed by Paragraph C only.
E. Terminal leave shall be paid in one (1) lump sum at the employee's base
rate of pay at the beginning of the terminal leave period. Employees shall not continue
to accrue any additional benefits, including salary increases, while on terminal leave.ARTICLE XVIII BEREAVEMENT LEAVE A. In the event of death in the employee's immediate family, the employee
shall be granted time off without loss of pay, commencing with the first tour of duty following the death and continuing for five (5) working days.
B. The term "immediate family" shall include spouse, father, mother,
stepmother, stepfather, son, daughter, stepson, stepdaughter, brother, sister,
stepbrother, stepsister, and the spouse’s in-laws.
C. In the event of death of the employee's
grandparent, or the spouse’s grandparent, the employee shall be granted time off without loss of pay commencing with the first tour of duty following the death and continuing for three (3) working days.
D. If additional time is needed by an employee to fulfill obligations in the
event of a death in the family, he or she shall be permitted, with the approval of the
Chief of Police, to utilize his or her accrued time off (vacation days, compensatory
days, personal days) as extended bereavement leave, solely for the purpose of
attending the funeral, including travel to and from.
E. If extenuating circumstances exist, the Chief of Police and/or the
Business Administrator may, at their sole discretion, extend the bereavement leave. In
addition, the Chief of Police and/or Business Administrator may, at their sole
discretion, allow a bereavement period for persons not listed above.
ARTICLE XIX
LODGE BUSINESS LEAVE A. Upon prior notice to the Chief of Police, or his designated representative,
members of the Lodge's Grievance Committee (not to exceed a total of three [3]
employees in number) may be permitted to conduct the business of the Committee,
which consists of conferring with employees on specific grievances, and with the
Township in accordance with the Grievance Procedure set forth herein, during the duty
hours of the members without loss of pay or any other contractual benefit, provided the
conduct of said business shall not diminish the effectiveness of the Police Department
or require the recall of off-duty employees to bring the Department up to its proper
effectiveness.
B. Upon prior notice to the Chief of Police, or his designated
representatives, the Township shall permit members of the Lodge Negotiating
Committee to attend collective bargaining meetings during duty hours of the members,
provided the conduct of said business shall not diminish the effectiveness of the Police
Department.
C. The Township agrees to grant the necessary time off, without loss of pay,
to the members of the Lodge selected as delegates to attend any State or National
Convention of the Fraternal Order of Police as provided under N.J.S.A. 11:26C-4.
D. The Township shall grant time off, without loss of pay, to the Legislative
Delegate to the Fraternal Order of Police, or his designee, to attend any State F.O.P.
monthly meetings, TriCounty F.O.P. meetings and County F.O.P. meetings which
require his attendance. The President of the Lodge shall also be granted
similar time off, subject to the approval of the Chief of Police, such approval not to be unreasonably withheld. The Township further agrees that the said President and Legislative Delegate, or one (1) designee, shall be granted time off, without loss of pay, to attend, in an official capacity, as representative of the Marlboro Township Fraternal Order of Police, Lodge 15, funerals for Police Officers who have given their lives in the course of their duties as Police Officers, provided that such attendance does not diminish the effectiveness of the Police Department or require the recall of off-duty employees to bring the Police Department up to its proper effectiveness.
E. The Lodge and its representatives shall have the right to use the
Municipal Facilities at all reasonable hours for meetings. The Mayor or the Business
Administrator shall be notified in advance of the time desired for all such meetings.
Upon approval of the Mayor or the Business Administrator, a space will be allocated.
The Lodge shall not displace any official meetings of the Township Government
whether scheduled or special.
F. An employee attending any meeting covered by this Article on his off-
duty time shall do so voluntarily. The employee and the Lodge understand and agree
that any such off duty time spent shall not be compensated by the Township and shall
not be considered "compensable hours" pursuant to the Fair Labor Standards Act.
ARTICLE XX
CLOTHING & EQUIPMENT - SUPPLY & MAINTENANCE A. The Township agrees to provide four (4) sets of uniforms for each
employee and repair or replace them as deemed appropriate by the Chief of Police.
The clothing will be obtained from an approved supplier. The replaced article must be
returned to the Police Department. Maintenance of the clothing will be provided by the
Township at approved cleaners. Repairs must be made by the Township.
B. A clothing allowance for administration and detectives shall be nine hundred dollars ($900) per contract year subject to IRS regulations.
C. If watches or corrective lenses are broken or lost in the line of duty during
a tour of duty, the Chief of Police may authorize replacement or repair subject to the
following:
1. The incident is reported by the end of the tour, in writing, with a
description of how it happened.
2. The broken lens or watch is handed in.
3. The Chief of Police may choose the supplier of the lenses, and is
not obligated to use the officer's supplier. No watch may exceed the cost of
S100.00.
ARTICLE XXI EDUCATIONAL BENEFITS A. Any employee who attends school shall be reimbursed for the cost of his
tuition or academic fees for all courses taken in the field of law enforcement or other
approved areas of study. Said reimbursement shall be paid to the individual
employee at the end of each semester. A copy of the educational institution's bill for
tuition and books shall be submitted to the Department upon request. A grade of "C"
or better is required for the employee to be eligible for 100% reimbursement. If the
course is graded "pass/fail", a "pass" is required for the employee to be eligible for
100% reimbursement. No payment will be approved unless a grade of "pass", "A", "B",
or "C" is obtained. Books will be reimbursed, but shall remain the property of the
Township.
B. Any employee who obtains a degree in Police Science, Criminology,
Police Administration, or other approved area shall receive, in addition to his specified
salary, educational incentive pay to be added to such base salary for each and every
year thereafter served with the Department. The amount of such educational incentive
pay shall be as follows:
AB $1,500
BA $2,500
MA $3,000
Ph.D $4,000
Said educational incentive pay shall be paid initially in the first calendar year in which the employee obtains the degree.
C. In order to be eligible for reimbursement under this Article, an employee must attend an “accredited” institution. ARTICLE XXII
EMPLOYEE TRAINING A. When the Township determines, in the exercise of its discretion, that
specialized employee training is desirable and/or appropriate, it shall, where possible,
endeavor to distribute such training on an equitable basis within each bureau of the
Department.
B. The cost of all training which is required by the Township shall be borne
by the Township.
C. The Township reserves the right to assign a suitable Township vehicle
for the purpose of transportation to and from assigned training sessions and other in-
service schools.
D. The opportunity to participate in such training shall not be unreasonably
denied.ARTICLE XXIII
LEGAL ACTIONS AGAINST POLICE OFFICERS
A. 1. In accordance with the provisions of N.J.S.A. 40:A:14-155, in the event an employee covered by this Agreement is charged with a violation of the Law or in the event of a civil action which arises out of any act or omission committed by the employee, the Township shall defray all reasonable costs of defending such action, including reasonable attorneys' fees and reasonable costs of appeal, if any. Any adverse judgment returned against such employee shall be paid by the Township and the employee shall be saved harmless and protected from any financial loss resulting there from.
2. If the Township can fully save harmless and protect an employee
from any financial loss resulting from any legal action referred to in Section A1 above,
then the Township has the option of legally representing, or providing legal
representation for, the employee. This provision shall apply at any point prior to or
during any such litigation.
3. If the Township can not provide the protection referred to in
Sections A1 and 2 above, then the employee has the right to obtain his own legal
representation. However, the Township's attorney shall be the "lead" attorney in the
case in order to avoid duplication of effort and cost, and to minimize the costs to the
Township of said legal representation. This provision shall not limit the actions of the
employee's attorney which said attorney feels are necessary to protect the legal
interests of the employees.
4. After prior notice to the Mayor, Business Administrator, and the Chief of Police, the employee may select an attorney of his choice for said representation, subject to governing body approval, which approval shall not be unreasonably withheld, at a rate equivalent to that paid to the Township Attorney for litigation matters, but in no case less than $150.00 per hour. The Township may elect to pay more than the maximum per hour for attorney's fees at its sole discretion. The attorney selected and approved pursuant to this section shall be required to submit bills for services rendered on a monthly basis.
ARTICLE XXIV
MEAL AND MILEAGE ALLOWANCE
A. The Township agrees to provide a meal allowance of $8.00
per day for required attendance at training schools, and for required appearances before county, state and federal courts, grand jury, or any governmental agency. Whenever an employee is required to utilize his personal vehicle in connection with Township Business, he shall be reimbursed at the going rate as determined by the Township for all Township employees. However, the rate shall not be less than $.25 per mile.
B. In order for an employee to be eligible for the meal allowance
enumerated in Section A above, he must present a written receipt to the Township with
said request.
C. No meal allowance will be given if a meal is included in the program,
training session, court appearance, etc.ARTICLE XXV
HEALTH AND LIFE INSURANCE A. The Lodge agrees that the Township may change insurance coverage to the State Health Benefits System and will not challenge such change. Such coverage will then become the standard of coverage. The Township agrees to continue that standard of coverage with no change in the level of benefits for the life of the agreement. Employee contributions to dependent health care coverage shall be 4% of the premium per year, not to exceed two hundred fifty dollars ($250) per year.
B. The Township agrees to pay the entire premium for the present dental
insurance coverage for the life of this agreement, except as herein provided. The maximum dental benefit shall be $1,400.
C. The Township agrees to continue to provide a group life insurance policy
for each employee in an amount not less than twenty thousand ($20,000.00) dollars.
Said policy shall be terminated when the employee is no longer employed by the Township.
D. If at any time the Township shall decide to change policies, a
representative of the Lodge will review the policies with the representative of
management.
E. Effective January 1, 1998, all employees will pay a $250.00 deductible
towards all in confinement stays at a hospital which is not within the PHCS or other
health care network utilized by the Township, for as long as the Township participates
in such.
F. The Township shall offer a “buy back” incentive of fifty percent (50%) of applicable premiums up to $3,600.00 for those employees who wish to waive coverage. Employees who wish to participate may be required to show proof of alternative coverage.
ARTICLE XXVI
PENSIONS A. The Township shall continue to provide pension and retirement benefits to employees covered by this Agreement pursuant to provisions of the statutes and laws of the State of New Jersey.
ARTICLE XXVII SENIORITY A. Traditional principles of seniority shall apply to employees covered by
this Agreement as to the selection of vacation periods and compensatory days off, and
reductions in force, where the qualifications of the eligible employees are equal.
B. Seniority shall be one (1) factor considered as to promotion, where the
qualifications of the eligible employees are equal, as determined by the Township,
except where promotions are governed by Department of Personnel Statutes, Rules or
Regulations.
C. Seniority is defined to mean the accumulated length of service with the
Department, by rank, computed from the date of certification by the Department of
Personnel. If two (2) employees are promoted at the same time, the most senior
employee shall be the employee with the longer service time, and, therefore, the
greater seniority, in the certified title in the prior rank from which they were promoted.
D. Seniority will be considered as a factor for work assignments. However,
the final decision will remain with the Chief of Police.
E. An employee's length of service shall not be reduced by time lost due to
authorized leave of absence for a bona fide illness or injury certified by a physician not
in excess of one (1) year. Such certification shall be subject to review by the Police
Surgeon.
F. Seniority shall be lost, and employment terminated, if any of the following
occur: (a) discharge; (b) resignation; (c) absence for five (5) consecutive calendar
days without leave or notice of justifiable reason for failing to give same.
G. Failure to return promptly upon expiration of authorized leave without reasonable notice will subject the employee to disciplinary action.
H. The interpretation and application of this Article shall be in conformity with all applicable Statutes and Rules and Regulations.
ARTICLE XXVIII
BULLETIN BOARDS
A. The Lodge shall have the use of the bulletin boards located in Police
Headquarters and the Special Service Bureau for the posting of notices relating to
meetings and official business of the Lodge, and materials relating to the general
welfare of the employees.
B. Only material authorized by the signature of the Lodge President or his
designee shall be permitted to be posted on said bulletin board.
C. The Township may notify the Lodge to remove from the bulletin board
any material which does not conform with the intent of the above provisions of this
Article. If the Lodge fails to remove the objectionable material within one (1) hour after
such notice, the Chief of Police or his designee may remove the material.
D. Prior to posting unofficial material on a bulletin board, the employee or
Lodge shall obtain approval from the Business Administrator or the Chief of Police or
their designee. No material may be removed from any bulletin board without prior
authorization.
A. Employees, while rendering aid to another community at the direction of their superiors, are fully covered by workmen's compensation, liability insurance and pension as provided by State Law.ARTICLE XXX
SRS SECTION 125 PLAN The Township will, no later than July 1, 2000, establish an IRS Section 125 plan such that an employee can set aside a portion of their earnings into a pre-tax account for the purposes permitted by the IRS. These purposes currently include family care and medical expenses.ARTICLE XXXI
MAINTENANCE OF STANDARDS
A. In order to avoid the necessity for restating all terms and conditions of employment in the Agreement, it is agreed that all benefits, rights, terms and conditions of employment prior to January 1, 1984 shall remain in full force and effect unless specifically modified by this Agreement.ARTICLE XXXII SAVINGS CLAUSE A. In the event that any provision of this Agreement shall at any time be declared invalid by legislative act or any court of competent jurisdiction, or through government regulations or decree, such decision shall not invalidate the entire Agreement, it being the express intent of the parties hereto that all other provisions not declared invalid shall remain in full force and effect.
ARTICLE XXXIII
INJURY LEAVE
A. 1. In the event an employee becomes disabled by reason of service-
connected injury or illness and is unable to perform his duties, then, in addition to any
sick leave benefits otherwise provided for herein, he may be entitled to full pay for a
period of up to one (1) year. In the event injury leave is granted, an employee's
accumulated sick leave shall not be reduced for the period of injury leave. In the event
an employee is granted said injury leave, the Township's sole obligation shall be to
pay the employee the difference between his regular pay and any compensation,
disability, or other payments received from other sources provided by the Township.
At the Township's option, the employee shall either surrender and deliver his entire
salary payments, or the Township shall pay the difference.
2. If an employee returns to work from injury leave for less than one
(1) year, he may return to injury leave for the same injury for an additional period of
time which, when added to the initial period of injury leave, totals no more than one (1)
year.
3. When an employee returns from injury leave, he shall be entitled
to a new period of injury leave for a period of up to one (1) year if the employee
submits a new injury claim due to an independent event causing re-injury or a new
injury.
B. Any employee who is injured, whether slight or severe, while working,
must make an immediate report within two (2) hours thereof to the Chief of Police or
the Officer-in-Charge.
C. It is understood that the employee must file an injury report with the Chief
of Police or Officer-in-Charge so that the Township may file the appropriate Workers'
Compensation Claim. Failure to so report said injury may result in the failure of the
employee to receive compensation under this Article.
D. The employee shall be required to present evidence by a certificate of a
physician designated by the insurance carrier that he is unable to work, and the
Township may reasonably require the employee to present such certificate from time
to time.
E. If the Township does not accept the certificate of the physician
designated by the insurance carrier, the Township shall have the right, at its own cost,
to require the employee to obtain a physical examination and certification of fitness by
a physician appointed by the Township.
F. In the event the Township appointed physician certifies the employee fit
to return to duty, injury leave benefits granted under this Article shall be terminated,
unless the employee disputes the determination of the Township appointed physician.
Then the Township and the employee shall mutually agree upon a third physician who
shall then examine the employee. The cost of the third physician shall be borne
equally by the Township and the employee. The determination of the third physician
as to the employee's fitness to return to duty shall be final and binding upon the
parties. In the event the third physician also certifies the employee fit to return to duty,
injury leave benefits granted under this Article shall be terminated.
G. The Township, at its option, and upon certification by the Township
appointed physician, may extend the injury leave for no more than one (1) additionalyear. The Township appointed physician must certify that the employee is incapable of performing his duties for the additional time period.
H. if the Township can prove an employee has abused his privileges under this Article, the employee will be subject to disciplinary action by the Township. If the employee is found to be in violation of this Article, he shall be subject to disciplinary action by the Township to the extent which is provided in this Agreement and any ordinance in effect governing the Township of Marlboro Police Department.ARTICLE XXXIV PERSONNEL FILES A. The Township shall establish personnel files or confidential records
which shall be maintained under the direction of the Chief of Police.
B. Upon prior notice to and authorization of the Chief of Police or his
designee, all employees shall have access to their individual personnel file. Any such
request shall not be unreasonably denied.
C. The Township shall not insert any material into the personnel file of the
employee, unless the employee has had an opportunity to review, sign, receive a copy
of and comment in writing upon the material, unless the employee waives these rights.
D. The employee shall have the right to respond in writing to any complaint,
negative report, or disciplinary warning entered into his individual personnel file, and
said response shall also be placed in the employee's individual personnel file
attached to the respective complaint, negative report, or disciplinary warning.
ARTICLE XXXV DURATION OF AGREEMENT
A. This Agreement shall be in full force and effect as of January 1, 2005, and shall remain in effect to and including December 31, 2008, without any reopening date. This Agreement shall continue in full force and effect from year to year thereafter, until one party or the other gives notice, in writing, no sooner than one hundred fifty (150) nor later than one hundred twenty (120) days prior to the expiration of this Agreement of a desire to change, modify or terminate this Agreement.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals at the Township of Marlboro, New Jersey, on this ____ day of ______ , 2005.
TOWNSHIP OF MARLBORO FOP LODGE #15
_______________________ ________________________
_______________________ ________________________
_______________________ ________________________
_______________________ ________________________ARTICLE XVII
TERMINAL LEAVE
Addendum
A. Effective January 1, 2002 all Sergeants and Lieutenants retiring pursuant to
The Policeman’s and Fireman’s Retirement System shall be paid for their
unused accumulated sick leave on the basis of one (1) day’s terminal leave
pay for every two (2) accumulated sick days up to the following:
2005: $30,000
2006: $31,000
2007: $32,000
2008: $33,000
All terminal leave payments are computed upon the employee’s base rate of
pay at the time of retirement or death.
At the employee’s option, upon retirement, he/she may elect to have
accumulated sick time be converted to a bank in which costs for the post
retirement health benefits may be reimbursed to the retiree, until the bank
is depleted. Sick time may be accumulated for this purpose to a maximum of
thirty-five ($35,000) dollars.
B. In order for an employee to be eligible for the benefits enumerated in Section
A of this Article, the employee must be eligible for full retirement under
P.F.R.S. An employee may also become eligible for the terminal leave
Benefits enumerated in Section A of this Article if the employee is eligible
for disability retirement under the P.F.R.S.
C. An employee terminating his/her employment for any reason other
than retirement under the P.F.R.S. or death shall not be reimbursed
for any unused accrued sick leave.
D. Effective January 1, 2005, in the event of death in the line of duty, the
employee’s estate shall be paid for all earned accumulated time which
is permitted to be earned and/or accumulated under law and this
Agreement except for unused sick leave, the payment for which shall
be governed by the provisions given above, up to the following
maximum:
2005: $30,000
2006: $31,000
2007: $32,000
2008: $33,000
E. Terminal leave shall be paid in one (1) lump sum at the employee’s
base rate of pay at the beginning of the terminal leave period. Employee’s
shall not continue to accrue any additional benefits, including salary
increase, while on terminal leave.
Signed by:
______________________ DATE: _____________
Lt. Nicholas Barbella, Pres.
______________________ ______________
Robert Kleinberg, Mayor
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