AGREEMENT
Between
HOLMDEL TOWNSHIP SENIOR OFFICERS
-and-
TOWNSHIP OF HOLMDEL
TERM OF CONTRACT: January 1, 2002- December 31, 2005
APRUZZESE, McDERMOTT,
MASTRO & MURPHY
A Professional Corporation
Somerset Hills Corporation
25 Independence Boulevard
P. O. Box 112
Liberty Corner, New Jersey 07938
(908) 580-1776i
TABLE OF CONTENTS PAGE
I Recognition 1
II Salaries 1
III Holiday Pay 2
IV Longevity 3
V Vacation Time/Personal Time 4
VI Clothing 5
VII Sick Leave 6
VIII Insurance 6
IX Funeral Leave 7
X College Credits 8
XI Grievance Procedure 9
XII Savings & Severability 11
XIII Work Continuance 11
XIV Management Rights 1213 Article I
RECOGNITION
The Township of Holmdel recognizes the Holmdel Township Senior Officers as the exclusive representative for all Lieutenants and Captains of the Holmdel Township Police Department, for the purpose of negotiations and representation for this contract.
Article II
SALARIES
1. The salaries of all Lieutenants covered by this agreement shall be:
January 1, 2002 - $ 85,841
January 1, 2003 - $ 90,047
January 1, 2004 - $ 94,459
January 1, 2005 - $99,087
The salary of all Captains covered by this agreement shall be:
January 1, 2002 - $ 99,525
January 1, 2003 - $ 104,401
January 1, 2004 - $ 109,516
January 1, 2005 - $114,882
The Township shall pay overtime to Lieutenants at the rate of time and one-half (1½) for all hours worked in excess of 166 hours in a 4-week work cycle. All hours worked up to 166 hours in a 4-week work cycle shall be paid at straight time. The Township shall pay overtime to Captains at the rate of time and one-half (1½) for all hours worked in excess of 168 hours in a 4-week work cycle. All hours worked up to 168 hours in a 4-week work cycle shall be paid at straight time. Overtime hours are subject to the approval of the Chief of Police before the work is performed. Overtime shall be paid monthly as worked.
Compensatory (comp.) time shall continue to be an option of each employee in lieu of cash payment for overtime work. Said compensatory time shall be accrued at the rate of time and one-half (1½). Each employee shall be entitled to accrue and accumulate the total amount of five (5) work days worth of comp. time into a bank. Once said five (5) days have been accrued, all further overtime compensation shall be in cash. Should an employee not utilize any or all of the comp. time within the bank, said bank shall be carried from year to year.
Article III
HOLIDAY PAY
1. Lieutenants and Captains of the Holmdel Township Police Department shall receive twelve (12) paid holidays. The following days are said holidays:
1. New Year's Day 7. Labor Day
2. Lincoln's Birthday 8. Columbus Day
3. Washington's Birthday 9. Veterans' Day (Nov. 11)
4. Good Friday 10. Thanksgiving
5. Memorial Day 11. Day after Thanksgiving
6. Independence Day 12. Christmas
2. If a Lieutenant or Captain does not work on a holiday, the Lieutenant or Captain will receive eight (8) hours extra pay for the holiday, or a total of forty-eight (48) hours pay for the forty (40) hour week containing a holiday. If a Lieutenant or Captain works on a holiday, the Lieutenant or Captain will receive regular time, plus time and one half for the holiday, or a total of fifty-two (52) hours pay for the forty (40) hour week. Only one day shall be considered the holiday when the holiday may fall on a weekend.
3. The twelve days of holiday benefit referenced in Paragraph 2 of this Article shall be paid along with the regular payroll and folded into base pay for all calculation purposes.
4. Remaining holiday pay will be paid on the last pay period during the month of November.
Article IV
LONGEVITY
1. Upon completion of five years of service with the Holmdel Township Police Department, longevity will be paid by the Township to each Lieutenant or Captain on the Lieutenant's or Captain’s anniversary date. (An "anniversary date" is the anniversary of the Lieutenant's first day of work for the Township).
2. Beginning with the 6th year, a Lieutenant’s or Captain’s annual salary will be increased as follows:
In the 6th through 10th years $1,700
In the 11th through 15th years 2,850
In the 16th through 20th years 3,300
In the 21st year and following: 3,500
3. For the purposes of payroll, the longevity payment shall be included in a Lieutenant's or Captain’s regular pay check, proportioned throughout the year. The annual payment is not cumulative.
Article V
VACATION TIME/PERSONAL TIME
1. Lieutenants and Captains of the Holmdel Police Department shall accrue vacation time as follows:
1 - 5 years: 12 days per year
6 - 10 years: 15 days per year
11 - 15 years: 18 days per year
16 - 25 years: 20 days per year
26 years plus: 25 days per year
2. Lieutenants and Captains shall be entitled to two (2) personal days off with pay per year. These days shall be scheduled ahead of time in accordance with the rules and procedures established by the Chief of Police.
3. Lieutenants and Captains shall also be entitled to utilize one (1) personal day off with pay per year from the officer’s accumulated sick time. This day shall be scheduled ahead of time in accordance with the rules and procedures established by the Chief of Police.
Article VI
CLOTHING
A. Allowance
1. Each and every Lieutenant and Captain of the Holmdel Township Police Department shall receive a clothing allowance of five hundred seventy-five dollars ($575.00).
2. The clothing allowance shall be administered through a voucher system. Clothing purchases must conform to the Local Public Contracts Law. Articles of uniform apparel or any regulation equipment as determined by the Chief of Police, if not under contract in accordance with the Local Public Contracts Law, may be purchased from any vendor provided they meet the standards established by the Chief of Police. The Township shall process and pay vouchers for all uniforms so purchased upon proper submission, up to the amount of the Lieutenant's and Captain’s clothing allowance for the calendar year.
B. Maintenance
1. Beginning on January 1, 2001 each and every Lieutenant and Captain employed by the Holmdel Township Police Department shall receive a clothing maintenance allowance of four hundred twenty-five dollars ($425.00).
2. These amounts shall be paid each year beginning January 1st and ending December 31st, and shall be paid to the selected cleaning establishment upon submission of a voucher for the set amount by each and every Lieutenant and Captain in accordance with applicable Township ordinances and procedures.
Article VII SICK LEAVE
1. Lieutenants and Captains of the Holmdel Township Police Department shall accrue sick leave at a rate of one and one-quarter (1¼) days per month.
2. Lieutenants and/or Captains, upon qualified retirement from the Police and Fire Retirement system, shall receive pay for all unused accrued sick leave, up to one hundred and twenty (120) days at the rate of one (1) day's pay for each two (2) days accrued with a monetary limit of $12,500.00.
Article VIII
INSURANCE
1. The Township of Holmdel shall provide each Lieutenant and Captain with a $20,000 group term life insurance policy that will be with an insurance company of the Township's selection.
2. Hospitalization Insurance:
A. The Township of Holmdel shall pay and provide hospitalization insurance for each and every Lieutenant and Captain employed by the Holmdel Township Police Department, and said Lieutenant’s or Captain’s eligible wife and children. Each officer hired by the Township after January 1, 1996 and who is promoted to Lieutenant and/or Captain will have dependent coverage capped at the 1992 premium rates.
B. This insurance shall be the CIGNA Health Care Plan Coverage, subject to appropriate State laws concerning community health plans. The Township reserves the right to change carriers providing the level of benefits remains the same.
C. Each Lieutenant and Captain shall have the choice of the particular plan selection.
3. Dental Plan:
The Township of Holmdel shall pay up to $450 per year for a family, and a proportionate share for an individual, to a dental plan for the Lieutenant or Captain and their families. The amount shall be prorated for the part of the year in which the plan is in force.
Article IX
FUNERAL- LEAVE
1. Lieutenants and Captains employed by the Holmdel Township Police Department shall be entitled to three days off in the event of the death of a member of his immediate family, or the immediate family of his spouse.
2. The Lieutenant or Captain is entitled to these said three days, but it is his option to take none, one, two, or three of the days.
3. The immediate family is spouse, mother, father, sister, brother, child, step-parents, step-children, and step-siblings of the Lieutenant or Captain or his spouse.
4. With the specific approval of the Chief of Police additional days leave, where needed, can be granted. Such additional days shall be charged against accumulated sick leave.
Article X
COLLEGE CREDITS
1. In addition to the Lieutenant's or Captain’s salary, the Township shall pay a bonus for degrees acquired prior to or while a Lieutenant or Captain is employed by the Holmdel Township Police Department. The degree shall be in a law enforcement related field, such as Criminal Justice, or other Social Science fields approved at the discretion of the Township Committee. It must be obtained through credits gained by attending classes at an accredited college and granted by a college that awards degrees in residence. No external degrees, correspondence credits, or any non-attendance accreditation shall count in this determination. The payments shall be:
Associates Degree $500
Bachelors Degree $1,000
2. Payment shall be made as a bonus in the year a degree is obtained. In succeeding years, for payroll purposes, it shall be paid over the pay periods for that calendar year and each year thereafter.
3. Any Lieutenant or Captain who will have payments under prior contracts for college credits accumulated in an amount that would exceed the payments in Section 1 above, shall receive yearly payments of the amount so earned until such time as he receives a degree which would pay a bonus higher than the amount he is receiving for accumulated credits. At that time he would receive the amount for the degree and the college credit amount would be discontinued. If this change-over point occurs in mid-year, the difference shall be pro-rated from the time of the award of the degree.
Article XI
GRIEVANCE PROCEDURE
1. The purpose of this procedure is to secure fair and consistent interpretations in this contract and its administration. The parties agree that this procedure is applicable only to the interpretation and administration of this agreement.
2. A grievance is an appeal of an interpretation, application or violation of policies, agreements and administrative decisions affecting an individual officer or group of officers.
3. Any interpretation or application or question of violation of policies, agreements or administrative decisions, not involving statutory or regulatory provisions or interpretation or application of provisions of this agreement or compliance therewith are agreed to be management rights and may be brought directly by the officer or officers affected to the Chief of Police for review. The decision of the Chief of Police on these issues shall be final.
4. A grievance concerning the interpretation or application of provisions of this contract can be pursued by the individual or individuals directly affected or the Union. -An individual or group of individuals shall retain the right to pursue the grievance on his own at any point.
5. A grievance concerning this agreement as defined in 4. above shall follow the following procedure:
A. Any Lieutenant or Captain who believes that the contract interpretation has been applied incorrectly to him may institute an action to resolve the matter within his next five (5) working days of the occurrence of the incident or interpretation, by discussing the matter with the Chief of Police, who may refer the matter directly to the Administrator or attempt to resolve it with the Lieutenant or Captain.
If the Chief of Police is not able to resolve the grievance, he shall refer it to the Administrator. The Administrator shall review the matter with the Lieutenant or Captain and the Chief of Police, and if the matter is not able to be resolved at that point, the informal procedure shall terminate.
B. If the grievance was filed timely and was not able to be resolved informally, the Lieutenant, Captain or his/her representative, if authorized as in 4. above, and the Administrator shall each forward to the Township Committee, through the Township Clerk, a written statement of the grievance and an explanation of the requested resolution.
Within seven (7) days of receipt of such written notice, the Township Committee shall schedule a hearing before the full committee or a selected subcommittee or individual. Both parties shall be authorized representation of their choosing at this hearing. The Committee, subcommittee, or individual shall within seven (7) days from the conclusion of the hearing, render a decision.
6. Minor Discipline - any discipline, including but not limited to a letter of reprimand, which is not appealable to Civil Service shall be considered minor discipline. At the option of the Lieutenant or Captain such minor discipline can be appealed under the provisions of the Grievance Procedure.
Article XII
SAVINGS & SEVERABILITY
In the event that any provisions of this Agreement shall at any time be declared invalid by legislative act or any court of competent jurisdiction, or through governmental regulations or decree, such decision shall not invalidate the entire agreement, it being the express intention of the parties hereto that all other provisions not declared invalid shall remain in full force and effect.
Article XIII
WORK CONTINUANCE
Neither the Union, or its officers or agents, nor any of the Lieutenants or Captains covered by this agreement will engage in, encourage, sanction, or support or suggest any strikes, slow downs, mass absenteeism, the willful absence from one's position, the stoppage of work or the abstinence in whole or in part of the full, faithful and proper performance of the duties of employment for the purpose of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. In the event that any Lieutenant or Captain violates this article, the Union shall immediately notify that person in writing to cease such action and shall instruct them to immediately return to their normal duties. All employees who violate any of the provisions of this article may be discharged or otherwise disciplined.
Article XIV
MANAGEMENT RIGHTS
It is recognized that, as expressly stated herein, the Township and its representatives shall retain whatever rights and authority are necessary for it to operate and direct the affairs of the Department in all of its various aspects, including, but not limited to, the right to direct the working forces; to plan, direct and control all the operations and services of the Department; to determine the methods, means, organization and number or personnel by which such operations and services are to be conducted; to assign and transfer Lieutenants and/or Captains, to schedule working hours and to assign overtime; to determine whether goods or services should be made or purchased; to hire, promote, demote, suspend, discipline, discharge or relieve Lieutenants or Captains due to lack of work or other legitimate reasons; to make and enforce reasonable rules and regulations; and to change or eliminate existing methods, equipment or facilities.
THIS AGREEMENT shall be effective as of January 1, 2002 and expire on December 31, 2005.
If a new Agreement has not been reached prior to the expiration date of this contract, the provisions of this contract shall continue in force until such new Agreement has been reached.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed and the Township seal of Holmdel to be placed hereon this day of , 2003.
HOLMDEL TOWNSHIP COMMITTEE HOLMDEL TOWNSHIP POLICE
SENIOR OFFICERS
Larry Fink, Mayor
ATTEST:
Maureen Sheperd, Municipal Clerk
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