The term "grievance" as used herein means any controversy arising over the interpretation, application, or alleged violation of the terms and conditions of this Agreement or from related working conditions. Any member of the Lodge may make a complaint regarding a grievance.
C. Steps of the Grievance Procedure

The following constitutes the sole and exclusive method for resolving grievances between the parties covered by the Agreement (with the exception of Township-initiated grievances which will proceed in accordance with Article IV, Section D) and shall be followed in its entirety unless any step is waived by mutual consent.

Step One:

The aggrieved employee shall institute action under these provisions within ten (10) calendar days after the event giving rise to the grievance, and an earnest effort shall be made to settle the differences between the aggrieved employee and his immediate supervisor for the purpose of resolving the matter informally. Failure to act within the said ten (10) calendar days shall be deemed to constitute an abandonment of the grievance, unless just cause to the contrary is presented by the aggrieved party. The Chief or his designee shall render a written decision within five (5) days after the receipt of the grievance.


GRIEVANCE PROCEDURES (continued)
Step Two:

If the grievance is not settled at Step One, the aggrieved employee or the representatives) from the Lodge may make a written request for a meeting within five (5) days after the answer is given under Step One, except that in disciplinary action grievances, a written request for a meeting under Step Two may be made within seven (7) calendar days after the meeting.

Step Three:

If the aggrieved person is not satisfied with the handling or result of the grievance under Step Two, he may within five (5) calendar days notify the Township Committee that he wishes to have the Township Committee rule on the matter. A hearing shall be held within fifteen (15) days by the Township Committee after receipt of the complaint regarding the grievance. At such hearing, the aggrieved employee may appear with a representative(s) of the Lodge. The Township Committee's answer under Step Three shall be delivered to the Lodge within seven (7) calendar days after the hearing.

Step Four:

I. If no satisfactory resolution of the grievance is reached at Step Three, then within five (5) working days the grievance shall be referred to the Public Employment Relations Commission for the selection of an arbitrator pursuant to the rules of said Commission. The arbitrator's decision shall be final and binding upon the parties. The cost of the arbitrator shall be borne equally by the parties, but each party shall be responsible for such other costs as he may incur.
2. It is agreed between the parties that no arbitration hearing shall be held until at least thirty (30) days after the date on which the Township Committee rendered its decision regarding the grievance.
3. Employees covered by this Agreement shall have the right to process their own grievance without representation.

F. All overtime will be paid to an Officer at the rate of one-and-one-half (1 %2 ) times his/hers regular straight-time rate which shall be in the form of equal compensatory time or pay as determined by the Officer. It is understood that if there were no available monies in the "overtime" budget for the Police Department, the Officer will have to receive equal compensatory time unless other funds can be made available; however, it shall be the responsibility of the Chief of Police or his designee to post a directive as soon as it is known that there may be no or little monies left in the overtime budget. For the purpose of calculating overtime, earned time off such as Holidays, Vacation Days, Personal Days, Sick Time, and Compensatory Time will be considered as time worked.

HOLIDAYS
A. The following holidays shall be recognized for all Officers:
1. New Year's Day
2. Washington's Birthday
3. Good Friday
4. Memorial Day
5. Independence Day
6. Labor Day
7. Veteran's Day
8. Thanksgiving Day
9. Day following Thanksgiving
10. Christmas
11. General Election Day
12. Lincoln's Birthday
13. Martin Luther King Day
14. Easter
B. Holiday pay will be computed at the individual officer's present straight time rate. All Officers shall receive holiday pay whether they are scheduled to work or not. Computation of holiday pay shall be based upon a ten (10) hour day.
Computation will be computed prior to November 1st each year for payments to Officers per the above schedule, and shall appear in a separate paycheck given at the time that the first regular paycheck of November is issued.
C. Holidays shall be taken in accordance with schedule established by the Chief of Police.


ARTICLE VII
PERSONAL DAYS
A. Police personnel covered by the terms and conditions of this Agreement are granted a maximum of three (3) personal days provided that such personal days are approved for use by the Chief of Police or his designee, during each calendar year. Personal days are not cumulative; that is, personal days cannot be carved over into the following year.
B. Requests for Personal Days shall be made in writing to the Chief of Police or his designee not less than two (2) working days in advance of the personal day being requested, except in cases of emergency. Personal days for Police Officers in their first year of employment shall be prorated.
C. During the first year of employment, personal days are earned, and are not immediately granted upon commencement of employment.


ARTICLE VIII
VACATION
A. Annual vacation leave shall be granted with pay for vacation purposes during each calendar year in accordance with the following schedule from the anniversary date of original appointment:




LENGTH OF EMPLOYMENT Up to 1 year of service


After one year & up to completion of 5 years of service

After 5 years & up to completion of 10 years service

After 10 years & up to completion of 15 years of service


After 15 years & up to completion of 20 years of service

After completion of 20 years of service add one working day per year.





B. Vacation leave must be taken during the calendar year at such times permitted or directed by the Township, and request for leave maybe denied if the Township determines that such leave cannot be taken because of demands of work. Any unused vacation leave may be accrued and carried forward into the following year.



ARTICLE IX





SICK LEAVE


A. Service Credit for Sick Leave
1. All permanent employees or full-time professional employees shall be entitled to sick leave with pay based on their aggregate years of service.
2. Sick leave shall be used by an employee who, through sickness or injury, becomes incapacitated to the extent that it is impossible or highly impracticable for him to perform the duties of his position. Sick leave may also be used by an employee who is quarantined by a physician because the employee has been exposed to a contagious disease. Sick leave may be used for periods not exceeding five (5) days for the required absence of the employee to care for a member of the immediate family who is seriously ill. For the purposes of this Article, "immediate family" shall be defined as father, mother, wife, husband, the employee's children, brother, sister, mother-in-law, father-in-law, sister-in-law, or brother-in-law. Such sick leave shall not include any extended period where the employee serves as a nurse or housekeeper during this period of illness. This Article is to include, but not be restricted to, Andover Township Ordinance # 5-9.1, the provisions of which are incorporated herein by reference.

B. Amount of Sick Leave
1. Sick leave with pay shall accrue for each full-time Officer at the rate of one (1) day per month during the remainder of the first calendar year of employment in which he is initially appointed; thereafter, sick leave may be accrued at the rate of fifteen (15) days per year, for all employees hired after January 1, 1991.
2. My amount of sick leave allowance not used in any calendar year shall accumulate to the employee's credit from year-to-year to be used if and when needed for such purposes.
3. An employee shall be reimbursed for accrued sick leave at the time of retirement, death, or resignation in good standing. At the time of retirement or separation in good standing, with a minimum of eighteen (18) months of service, the employee shall be reimbursed for accrued sick leave at the rate of one-half ( Yz) day per full day of all unused sick days.


SICK LEAVE (continued)
C. Reporting of Absence on Sick Leave
1. If an employee is absent for reasons that entitle him to sick leave, his supervisor shall be notified promptly as of the employee's usual reporting time, except in those cases where notice must be made prior to the employee's starting time.
2. Failure to so notify his/her supervisor maybe cause for denial of the use of sick leave for that absence and shall constitute cause for disciplinary action.
3. Absence without notice for five (5) consecutive working days and without a justified reason as determined by the Chief of Police shall constitute a resignation.

D. Verification of Sick Leave
1. An employee who shall be absent on sick leave for five (5) or more consecutive working days shall be required to submit acceptable medical evidence substantiating the illness.
2. An employee who shall be absent on sick leave for periods totaling ten (10) days in one (1) calendar year consisting of periods of less than five (5) days shall submit acceptable medical evidence for any additional sick leave in that year, unless such illness is of a chronic or recurring nature requiring repeated absences of one (1) day or less in which case only one (1) certification shall be necessary for a period of six (6) months.
3. The Township may require proof of illness of an employee on sick leave whenever such requirement appears reasonable and warranted under the circumstances. Abuse of sick leave shall be cause for disciplinary action.
4. In case of leave of absence due to exposure to contagious disease, a certificate from the Department of Health shall be required.
5. The Township may require an employee who has been absent because of personal illness, as a condition of his return to duty, to be examined at the expense of the Township by a physician designated by the Township. Such examination shall establish whether the employee is capable of performing his normal duties and whether his return will jeopardize the health and/or welfare of other employees.


Sick Leave (continued)
E. Injury in the Line of Duty
1. Upon presentation of a valid injury incident report within the Police Depaitment and a Physicians' certificate, any absence resulting from an injury sustained in the line of duty shall not reduce the employee's sick leave.
2. If any Officer is injured in the line of duty, the Township Committee may, pursuant to R.S. 40A:14-137, pass an ordinance giving the employee up to one (1) year's sick leave of absence with pay. When such action is taken, the employee shall not be charged any sick leave time for time lost due to such injury.
3. Prior to the passage of the ordinance referred to in Paragraph 2, the employee shall agree in writing to reimburse the Township to the full extent of any temporary disability benefits under Worker's Compensation or other compensation and benefits which he may receive as a result of the injury.
F. Extended Leave Due to Illness

Any officer who, for medical reasons other than Section E, must be absent from the job for an extended period of time shall first use up all accumulated and accrued sick leave. If the Officer is still unable to return to work, he shall be required to apply for disability, retirement, or leave of absence in accordance with the provisions of the Civil Service Act, if eligible. There is no contractual obligation on the part of the Township to provide any disability insurance policy except as set forth under Article XIII.
G. Sick-Time Buyback

Any officer that has accrued a minimum of seventy-five (75) sick days may sell back any balance above seventy-five (75) days not to exceed $5,000 per year. Request for buy back must be submitted by September 1st of that year. Payment will be made in the first regular pay ofNovember. The rate of pay will be at seventy-five percent (75%) per day.



ARTICLE X
FUNE LEAVE

Each employee shall receive a leave of absence up to amaximum of five (5) consecutive days if there is a death in the employee's immediate family. This Article is to include, but not be restricted to the terms of Andover Township Ordinance # 5-9.2. For the purpose of this Article, "immediate family" s hall b e defined a s father, m other, brother, sister, wife or husband of the employee, and the employee's children. "Five (5) consecutive days off' is defined as five (5) working days and does not include non-working days which fall within the five-day period immediately following the death. The working days which the employee takes off in the event of such death will not be charged against the employee's accrued sick leave. In case of death in the immediate family, reasonable proof must be produced by the employee as requested by the Chief of Police.


ARTICLE XI
SALARY GUIDE
A. T he following salary guide s hall b e i n force for the police officers during the life of this

Agreement:	2005	2006	2007
1" year of service Step 1	$31,592.88	$32,856.59	$34,170.85
2d year of service Step 2	$35,547.96	$36,969.87	$38,448.66
3`d year of service Step 3	$45,139.96	$46,945.55	$48,823.37
4th year of service Step 4	$50,871.58	$51,076.44	$53,119.49
Stn year of service Step 5	$56,846.70	$59,120.56	$61,485.38
6th year of service Step 6	$68,594.93	$71,338.72	$74,192.26


B. Step pay increase shall become automatic on the individual officer's anniversary date.
C. Any Police Sergeant who may be appointed shall be entitled to the following salary guide in addition to his base salary:
1" year of service $1,100.00
2nd year of service $2,200.00
3rd year of service 8% of top patrolman base salary.
D. All new police officers hired by the Police Department will be paid at the minimum starting salary stipulated by the salary guide in effect as well as the contractual agreement entered into between the Township of Andover and Andover Lodge # 177. It is recognized that the Township may hire experienced N.J. Police Training Commission certified person(s). The Township may enter into an agreement with said person(s) to place same into a salary Step greater than Step 1, but no higher than Step 5. Placement in said Step shall serve as the person(s) beginning Step of employment and thereafter same shall continue upward in the Step guide until maximum is achieved according to the provisions of the existing Step and salary guide.
E. Patrolmen will be paid the Step 1 rate while they are attending the Police Academy and the completion of that year.
F. Any Police Lieutenant who may be appointed shall be entitled to the following salary: The Lieutenant shall be paid 5% above the top base Sergeant salary.
G. Any officer assigned to the position of Detective shall be paid 5% above that officer's top base pay.


ARTICLE XII
MEDICAL BENEFITS
The Township will provide the following Health Benefits:
A. The Township shall pay the full cost to provide and maintain all insurance coverage that is in force and effect at the inception of this Agreement.
B. Dental Plan: Coverage under the Delta Plan I IA (Township Plan) shall be provided to include each employee and the employee's dependents.
C. Prescription Plan: Coverage shall be provided to include each employee and employee's dependents. An employee, after submission to health carrier, shall be reimbursed for each prescription less a three dollar ($3.00) co-pay.
D. Vision Plan: Shall be provided wherein the Township will contribute up to two hundred ($200) dollars for each Officer toward the expense of eye glasses/contacts and/or exam. The Township shall also provide up to one hundred seventy-five ($175) dollars each year for reimbursement of eye examination and/or purchase of eyeglasses/contacts for each dependent.
E. In the event of any changes of health plans, the existing levels of coverage and benefits shall be maintained at the cost of Andover Township.
F. The Township shall pay the health benefits for eligible employees and their dependents, including surviving spouses under Resolution # R87-22 of the Township of Andover. (copy attached as "Appendix A").


ARTICLE XIII
TEMPORARY DISABILITY BENEFIT PLAN
There shall be a voluntary Temporary Disability Plan for all eligible covered employees unable to work as a result of a covered sickness or accident. The plan shall have a sixty (60) calendar day waiting period. Should an eligible, covered employee enroll, the cost of the plan will be as follows:

one third (113) of the applicable premium amount shall be paid by the employee participant by payroll deductions; two-thirds (213) of the applicable premium amount shall be paid by the Township for a period of two (2) years; after which time, the Township of Andover will contribute one hundred (100%) percent of the applicable premium amount for the Disability Benefit Plan.



ARTICLE KIV
COLLEGE CREDITS
The Township will reimburse members of the Police Department for college credits taken in accordance with the following Township policy:
A. The individual must have been employed by Andover Township for a minimum period of at least twenty-four (24) months and there shall be no letter of resignation on file.
B. Only tuition cost for college courses which will further develop the individual's career with the Andover Township Police Department will be eligible for reimbursement.
C. The individual must obtain prior approval from the Chief of Police in writing, as to all courses for which the individual intends to request reimbursement.
D. No reimbursement will be made for travel, registration, textbooks, or incidental expenses.
E. Reimbursement will be made up to one-hundred (100%) of the current rate of tuition at Rutgers University, but in no event will reimbursement be made in excess of actual tuition cost.
F. In order to be eligible for reimbursement, proof must be furnished that the course was passed with a grade of "C" or better, and written proof from the college or university must be furnished to show the amount actually expended and paid for tuition.




ARTICLE XV
CAREER DEVELOPMENT AND INCENTIVE PAY
Individuals employed by the Township for twenty-four (24) months will be eligible for incentive pay for further career development as follows:
A. The Township shall pay an education increment on the officer's anniversary date as follows:
1. Associate's Degree - $1100.00
2. Bachelor's Degree - $2200.00
3. Master's Degree - $3300.00
B. New employees, employed after January 1, 1989, possessing said degree shall receive salary increments per the above schedule after twenty-four (24) months of service with the Township.
C. When officers are sent by the Township to attend a school, seminar, or meeting, to further their education, meal expenses shall be reimbursed upon the presentation of receipts of up to a maximum of fifteen ($15.00) dollars per day. This shall include any detail wherein an officer officially represents the Andover Township Police Department as authorized by the Chief of Police.



UNIFORM ALLOWANCE





A. All Officers hired after January 1, 1994 shall be issued his/her first uniform by the Township. The first issue uniform will consist of the following:
1 pair black leather dress shoes
1 pair black leather combat-type boots 4 long sleeve uniform shirts 4 short sleeve uniform shirts 1 Class A dress blouse
1 Trooper belt with shoulder strap 1 set of D-rings
3 pair navy blue with yellow stripe uniform pants
I tie
1 navy blue Pershing hat with saddles and strap
1 rain cap
1 black 3/4 length leather jacket 1 navy blue spring/fall jacket 1 raincoat
1 pair black leather gloves
1 Sam Brown black leather belt (gun belt)
I black plain SS III duty holster 1 I.D. card holder
1 black leather double clip pouch 1 PR-24 ring holder
1 pair handcuffs
1 black leather handcuff case 1 set ATPD collar brass
1 NJ PD tie clip
1 name plate
1 hat badge
3 breast badges
1 black leather mace dispenser holder




Said Officers shall not be entitled to his/her first uniform allowance until after completing his/her first year of employment after which time he/she will resume the normal uniform allowance schedule under Article XVI, Section B.


UNIFORM ALLOWANCE (continued)
B. The Township will provide a stipend per Police Officer to purchase articles of his/her uniform according to the schedule payment below. January payment will be issued the second scheduled pay of January and following the first regularly scheduled Township Committee meeting held after January 1 and July 1. The individual Officer is directly responsible to the Chief of Police and/or immediate supervisor for his/her appearance.

Year -	2005	2006	2007
Total Stipend -	$900	$925	$950


C. It will be the personal responsibility of each employee to purchase such uniform as he/she will need. Uniform or equipment damage which occurs in the performance of duty, over and above the normal wear and tear, will be repaired or replaced by the Township. The definition of "equipment" shall be limited to the Officer's duty weapon and badge. If an Officer's prescription eyeglasses/contacts are damaged, the Township will reimburse the Officer for the cost of the same or similar brand of eyeglasses/ contacts worn by the Officer up to a maximum of one hundred-twenty five ($125) dollars. In order to qualify for reimbursement, such damage to the eyeglasses/contacts must occur during the performance of duty and must not be the result of carelessness.
D. The Township shall provide a vendor who will be required to clean and maintain the uniform articles for each Police Officer. [Vendor selection maybe based upon the mutual agreement of the Lodge and the Township.]
E. The Township shall replace all issued equipment on an "as needed" basis. Replacement shall be approved by the Chief of Police or his designee, as may be deemed necessary by the Chief of Police or his designee.
F. The Township agrees to purchase bullet proof vests for all Officers and agrees to replace said vests as recommended by the manufacturer.







LONGEVITY





The following longevity plan shall continue for the life of this Agreement.
A. Beginning in the sixth (6th) year of service, two (2%) percent longevity pay based upon the employee's base salary.
B. Beginning in the tenth (10th) year of service, four (4%) percent longevity pay based upon the employee's base salary.
C. Beginning in the fourteenth (14th) year of service, six (6%) percent longevity pay based upon the employee's base salary.
D. Beginning in the eighteenth (18th) year of service, eight (8%) percent longevity pay based upon the employee's base salary.
E. Beginning in the twenty-second (22nd) year of service, ten (10%) percent longevity based upon employee's base salary.


ARTICLE XVIII
SEVERABILITY AND SAVINGS
A. If any provision of this Agreement or any Application of this Agreement to any employee or group of employees is held invalid by operation of law or by a court or other tribunal of competent jurisdiction, such provision shall be inoperative, but all the other provisions shall not be affected thereby and shall continue in full force and effect.
B. The preceding provisions shall not preclude either of the parties to this Agreement from pursuing any legal remedies which they may have.






DUES CLAUSE





If a regular Police Officer fails to remit his annual dues to the Lodge before March 31" of each year, the Lodge shall submit a request to the Andover Township Treasurer to send an amount of equal to eighty-five (85%) percent of the annual dues for regular membership to the Lodge. Said deduction shall come from and appear on the next paycheck due the delinquent employee.


ARTICLE XX
TERM AND RENEWAL
This Agreement shall be in full force and effect as of January 1, 2005 and shall remain in effect up to and including December 31, 2007 without any reopening date.
This Agreement shall continue in full force and effect until such time a new Agreement is made.







PRESERVATION OF RIGHTS
A. The Township of Andover agrees that all benefits, terms, and conditions of employment relating to the status of the Township of Andover Police Officers; which benefits, terms, and conditions of employment are not specifically in conflict with the terms of this Agreement, shall be maintained at the standards in effect at the time of the commencement of the collective bargaining negotiations between the parties leading to the execution of this Agreement.
B. Unless a contrary intent is expressed in the Agreement, all existing benefits, rights, duties, obligations, and conditions of employment applicable to any Police Officer pursuant to any rules, regulations, instructions, directive, memorandum, statute, ordinance, or otherwise; shall not be limited, restricted, impaired, removed, or abolished.




ATTEST: TOWNSHIP OF ANDOVER





By:
Vita Thompson Michael Salerno, Deputy Mayor

Andover Township Clerk

By:

Thomas Walsh, Committeeman
FRATERNAL ORDER OF POLICE ANDOVER LODGE # 177


By: Gil Taglialatela

By: Harry Kinney


By: Eric Danielson