11.9 Vacation shall be scheduled in accordance with County policy. In the event of a

conflict, a solution shall be determined by seniority.












ARTICLE 12. INSURANCE AND WORKER'S COMPENSATION.


12.1 Health Benefits.
Effective August 1, 2003 employees and their eligible dependents shall be provided comprehensive medical and hopsital coverage in accordance with the provisions of the New Jersey State Health Benefits Program. Employees shall be provided a choice from among the State Health Program’s plan offerings.
Prescription drug coverage shall be provided to all employees and their dependents in accordance with the freestanding prescription plan offered by the New Jersey State Health Plan.
Employees and their dependents shall also be provided optical and dental coverages through the County’s own provider contracts.
All of the coverages outlined above will be provided to the employees and their dependents without premium copays and shall extend at least throughout the duration of this Agreement and through the completion of negotiations for a successor Agreement.
The provisions of this Article shall not be interpreted so as to diminish any rights or benefits provided by the March 13, 2003 agreement regarding health benefits.
The Union and County agree that they will reopen negotiations should any coverage provision for optical or dental care change during the time frames of this contract.
Employee as used herein, means a bargaining unit member who works more than 20 hours per week. The employee’s eligible dependents for benefits include the employee’s spouse and dependent children until they reach the age of 19 unless the plan provides benefits beyond the age of 19. Dependent children who are full time students will be covered until the age of 23. Fourteen (14) credits is considered a full time student (unless the particular college or university considers 14 credits as beyond the maximum full time status and in such cases 12 credits would

be acceptable). These definitions and conditions also apply to participants in plans offered as alternatives to the County plan.
12.2 Health Benefits at Retirement.
All current employees who were in the bargaining unit as of October 25, 2001 who subsequently retire, shall be eligible for County paid health benefits coverage for five (5) years after retirement, commencing with the employee's retirement date. All employees hired on, or after, October 26, 2001 who subsequently retire, shall be eligible for County paid health benefits coverage for three (3) years after retirement, commencing with the employee's retirement date.
Retirement is currently defined in accordance with N.J.S.A. 40A:10-23 as having 25 years or more of service credit in the State Pension Plan and a period of full time service of up to 25 years with Atlantic County at the time of retirement or upon reaching the age of 62 years or older and having had at least 15 years of full time service with Atlantic County. Health benefits coverage is defined as the coverage currently in force at the time of retirement and any changes to such coverage as may occur during the eligible period of employer paid coverage.
For those employees hired before January 1, 1997, their prior law enforcement service shall be counted cumulatively as “service with Atlantic County” for the purpose of qualifying for payment of post retirement health benefits as outlined above.
12.3 Leaves of Absence - When an employee is granted a leave of absence unrelated to any Family and Medical Leave Act, the coverage of that employee and his dependents will be terminated unless the employee reimburses the County in full for the premium due during the leave in advance of taking such leave. If the employee opts not to pay for coverage, then benefits will be reactivated upon the employee’s return from the leave of absence. In no event can this period of reimbursed coverage exceed 6 months. Any employee who goes to an unpaid status for

15 or more calendar days is liable for payment of premiums retroactively to the first day of unpaid status.
12.4. Those employees who meet the eligibility requirement for COBRA will be provided with continuation coverage under the provisions of COBRA as administered by the various plans.
12.5. PBA #77 and the County agree to negotiate a health care “opt-out” provision if authorized by the New Jersey State Health Benefits Program (NJSHBP) or by subsequent legislation.
12.6 Worker’s Compensation
When an employee of the Atlantic County Prosecutor’s S.O.A. is injured on duty during working hours, he/she will be entitled to worker’s compensation benefits as set forth by New Jersey Statute (N.J.S.A. 34:15).
Employees disabled or injured in the course of their employment receive the difference
between their regular rate of pay and disability or worker’s compensation payments that they receive for a period not to exceed one (1) year.
Any employees disabled or injured on the job will be required to be examined by the County physician, or have his/her disability monitored by the County physician along with the attending physician of the injured employee. This Article shall not be construed so as to abrogate any rights provided to said employees by law.






ARTICLE 13. GRIEVANCE PROCEDURE.


13.1 The purpose of this procedure is to secure, at the lowest possible level, an equitable

solution to the problems which may arise affecting the terms and conditions of employment

under this agreement.


13.2 Nothing herein will be construed as limiting the right of any employee having a grievance

to discuss the matter, informally, with the appropriate supervisor or Prosecutor.


13.3 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.

A "grievance" may be raised by an individual, the Association on behalf of the individual

or a group of individuals.


13.4 The following constitutes the sole and exclusive method for resolving grievances

between parties covered by this agreement and shall be followed in its entirety unless any

step is waived by mutual consent:


STEP 1 - The grievance shall be submitted in writing to the Immediate Supervisor within

ten (10) calendar days of the occurrence of the grievance (or the grievant becoming aware

of the grievance). The Immediate Supervisor shall submit a written answer to the Association

within ten (10) calendar days of the submission date.


STEP 2 - If the grievance is not satisfactorily adjusted at Step 1 the grievant (or Association)

may appeal to the Chief of County Investigators who will review the grievance and submit his

position in writing within seven (7) calendar days of submission to step 2.


STEP 3 -If the grievance is not satisfactorily adjusted at Step 2 the grievant (or Association)

may appeal to the Prosecutor. The Prosecutor shall submit written answer to the grievance

within seven (7) calendar days after submission to Step 3. Policy grievances affecting substantial

numbers of employees (30% or greater) covered by this agreement may proceed directly to the

Third Step.


STEP 4 - If the grievance is not settled through steps 1,2 or 3 and only if the grievance alleges

a violation of terms and conditions of this agreement, then the grievant shall have the right to

submit the dispute to arbitration pursuant to the rules and regulations of the Public Employment

Relations Commission within ten (10) days of the date on which the response of this

representative was received or should have been received. The costs for the services of the

arbitrator shall be borne by the party against whom the arbitrator decides. In the event the

arbitrator reaches a decision in which both parties were found to be partially at fault, the costs

will be borne equally. Any other expenses, including but not limited to the presentation of

witnesses, shall be paid by the parties incurring the same.


13.5 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/her by those 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 binding.


13.6 The designated Association representative(s) shall be permitted as members of the grievance

committee to confer with employees and the County Prosecutor or Chief on specific grievances

in accordance with the grievance procedure set forth herein during the work hours of the

employees, without loss of pay, provided the conduct of said business shall not diminish the

effectiveness of the Atlantic County Prosecutor’s Office or require the recall of off-duty employees.

13.7 The time limits expressed herein shall be strictly adhered to. If any grievance has not been

initiated within the time limit specified, then the grievance shall be deemed to have been abandoned.

If any grievance is not processed to the next succeeding step in the grievance procedure within

the time limits prescribed thereunder, then the disposition of the grievance at the last preceding

step shall be deemed to be conclusive. If a decision is not rendered within the time limits prescribed

for a decision at any step in the grievance procedure, then the grievance shall be deemed to have

been denied. Nothing herein shall prevent the parties from mutually agreeing in writing to extend

or contract the time limits provided for processing the grievance at any step in the grievance

procedure.


13.8 In the event the aggrieved elects to pursue remedies available through the NJ Department of

Personnel, the grievance shall be canceled and the matter withdrawn from this procedure. It is

agreed between parties that no arbitration hearing shall be held until after the expiration of at

least thirty (30) calendar days after the decision rendered by the Prosecutor on the grievance.

In the event the grievant pursues his/her remedies through the NJ Department of Personnel, the

arbitration hearing, if any, shall be canceled and the filing fees and expenses incurred thereby

shall be paid by the grievant or the Association.





























ARTICLE 14. TRAINING AND SECURITY.


14.1 The employer shall provide adequate training and in-service training for each employee.

All personnel shall receive regular in-service training.


14.2 Employees who take training directly related to their assignment shall be eligible for

reimbursement or course payment up to 100% provided that the training or course was approved

in advance by the Prosecutor (in writing) and they successfully complete the entire training

program or course as detailed in their request.






































ARTICLE 15. FRINGE BENEFITS.


15.1 Legal Representation


15.1.1 It is agreed that the Employer will provided counsel at its expense for the defense of

unit employees in criminal actions brought against them arising out of and directly related to the

lawful exercise of police powers in furtherance of their official duties, to the extent the Employer

is permitted by law to provide this representation.


15.1.2 Further, it is agreed that any unit employee charged with a criminal offense,including

disorderly persons offenses, may retain counsel of his/her choice for the purpose of such

representation. However, said counsel shall not enter an appearance on behalf of the employee

without first obtaining written authorization from the County Counsel or his designee. The

Employer shall not disapprove counsel for the employee for any reason other than lack of

agreement on the cost of representation, or legal conflict of interest. Written authorization shall

not be required for counsel to represent employees in emergent or preliminary proceedings,

including but not limited to custodial interrogations, initial court appearance, and bail hearings

where it is impractical to obtain written authorization from the County Counsel or his/her

designee.


15.1.3 As soon as practical, counsel shall provide the County Counsel or his/her designee

with a detailed statement of anticipated services, the hourly billing rate to be applied, the total

anticipated expenditure of time for the case, and the anticipated charge. This statement shall

be submitted in writing and shall be signed by the attorney. The County Counsel shall review

this statement and, if acceptable, shall return an approved copy to counsel with authorization to

provide representation. If events or circumstances of an unforeseen nature appear, counsel shall

submit a revised statement of anticipated services and costs for approval by County Counsel.


15.1.4 Hourly rates of over $85.00 per hour will not be approved unless, in the judgment

of the County Counsel, special circumstances unique to the case exist which warrant a greater

fee, including but not limited to the complexity of the issues and the need for specialized trial

experience. Total billings in excess of $600.00 will not be approved for municipal court matters

(in the absence of special or unique circumstances attendant to the case). In the event an appeal

is taken to Superior Court from a municipal court judgment of conviction, fees in excess of

$800.00 will not be approved ( in the absence of special or unique circumstances attendant to the

case).


15.1.5 .Payment for services rendered will be made at the conclusion of the litigation upon

submission of a copy of the judgment of the court and an itemized bill, broken down in segments

not greater than quarter-hours, for all services rendered. The Employer reserves the right to

decline payment for any services which are not sufficiently documented or deemed to be

unreasonable in relation to the filed statement of anticipated services. In the event that a unit

employee is convicted, payment will not be made to counsel unless and until that conviction is

reversed on appeal. In the event that a unit employee is convicted of a criminal offense, and that

conviction is either not appealed or affirmed, the Employer shall not be responsible for any

cost of defense.


15.1.6 In the event a dispute should arise concerning the appropriate hourly rate or fee in

a particular case, either party may submit the dispute to the appropriate bar association fee

arbitration committee, whose decision shall be final and binding.


15.2 Civil Representation - The county will defend and indemnify all members of PBA #77 for

civil claims arising from their employment, including professional liability claims, to the extent

permitted by law. Members of PBA #77 agree to cooperate in the defense of any such claims.


15.3 Personnel Files - Any employee, upon written request, shall have the right to review

his/her own personnel file, including the psychological evaluation, in the presence of a

representative of the Employer. Such review will be scheduled at the mutual convenience of the
employee and management.

15.4 Employees shall be accorded all rights set forth in statute.


15.5 The county agrees to grant time off, to a maximum of five work days per year, without loss

of regular straight time pay to the association representative(or appointed alternative) for the

purpose of attending regularly scheduled meetings of the Policemen’s Benevolent Association,

provided that at least forty-eight (48) hours written notice is given to the employer.


15.6 An employee has the right, on his/her own time, to access the County's and/or Prosecutor’s

official personnel file kept for the employee. Access to other files may be provided in accordance

with established S.O.P.’s. The employer shall permit the employee to respond in writing to any

document in his/her file, within one (1) month of the employee being notified of its being placed

therein. This response shall be attached to the particular document or instrument concerned and

be made a permanent part thereof. The employer agrees to provide the employee a copy of any

document or instrument contained in said files upon request of the employee (this shall be at the

employee’s cost if the amount of copies exceeds 10). No unsigned document or instrument

(except for regular employment records which, by their nature, require no signature), nor any

document or instrument of unknown or questionable origin shall be used against any employee in

a disciplinary matter.


15.7 Effective January 1, 2003, one of the following annual educational payments (not on base)

shall be provided for those having or obtaining education degrees:

Bachelor’s Degree - $250.00 per year

Master’s Degree - $500.00 per year









ARTICLE 16. MANAGEMENT'S RIGHTS.


16.1 It is the right of the Prosecutor:


16.1.1 To determine the standards for the selection of employees according to NJ Dept. of

Personnel rules and regulations.


16.1.2 To direct employees.


16.1.3 To maintain the efficiency of operations.


16.1.4 To take all necessary actions to carry out the agencies responsibilities in emergencies,

emergencies to be construed as acts of God and/or acts or incidents beyond the control of any

person or agency, for example; riots, fires, vehicular accidents, etc..


16.1.5 To exercise complete control and discretion over the organization and the technology of

performing the work.


16.1.6 To develop and assign all work schedules pursuant to the terms of this agreement.


16.2 It is understood and agreed that the Prosecutor, in his sound discretion, possesses the right,

in accordance with applicable laws, to manage all operations, including the direction of the

working force and the right to plan, direct and control the operation of all equipment and other

property under the control of the Prosecutor, except as limited by this agreement.


16.3 Matters of inherent managerial policy are reserved exclusively to the Prosecutor.

These include, but shall not be limited to, such areas of discretion in policy as the functions and

programs of the employer, including but not limited to standards of service, the overall budget,

utilization of technology, the organization structure and selection and utilization of personnel.


16.4 The listing of specific rights in this article is not intended to nor shall be considered

restrictive or a waiver of any rights of the management not listed herein.

ARTICLE 17. LONGEVITY.


17.1 Commencing January 1, 1999, the following longevity shall be implemented:


Years of Service

After 4 years $600

After 7 years $800

After 10 years $1,400


17.2 Longevity will be paid in a separate lump sum check.. Longevity payment

will be issued on or about November 15, but not later than the last pay day in November.

Longevity shall be pro-rated by anniversary dates and/or date of severance from service of the

Employer.
































ARTICLE 18. SEPARABILITY AND SAVINGS.


18.1 If any provision of this agreement or any application of this agreement to any employee,

member or group of employees or members, is held to be invalid by operation of law by the

decision of any court or other tribunal of competent jurisdiction, then such provision and

application shall be deemed inoperative. However all other provisions and applications contained

herein shall continue in full force and effect, and shall not be affected thereby.


18.2 Nothing contained herein shall be construed as denying or restricting any employee's rights

available under any other applicable laws and regulations.


18.3 The provisions of this agreement shall be subject to and subordinate to state law, but nothing

contained herein shall be deemed to subordinate this contract to county ordinances.


18.4 Except as otherwise provided in this agreement, the failure to enforce any provision of this

agreement shall not be deemed a waiver thereof. This agreement is not intended and shall not be

construed as a waiver of any right or benefit to which the parties herein are entitled by law.


18.5 Any changes or modifications in negotiable terms and conditions of employment shall be

made only after negotiation with the Association. Proposed new rules or modifications of

existing rules governing terms and conditions of employment shall be negotiated with the

Association before they are established.

18.6 Changes mandated by State or Federal laws shall control the parties where appropriate.













ARTICLE 19. FULLY BARGAINED AGREEMENT.


19.1 Both parties agree that this agreement represents all appropriate bargained issues. This

agreement incorporates all rights and obligations assumed by each to the other as a result of the

collective bargaining process.


19.2 This agreement represents and incorporates the complete and final understanding and

settlement by the parties regarding all bargainable issues, with the exception of those issues which

are subject to the re-opening of this agreement as specifically provided for within the terms and

conditions of this agreement, or those issues which may or could arise at a later date during the

life of this agreement which parties recognize, by mutual consent, should or must be made a part

of this agreement.
























ARTICLE 20. PRORATION AND RETROACTIVITY OF PAYMENTS

20.1 During the initial year of service in the bargaining unit, employees having entitlements shall receive pro-rated payment for allowances, stipends, reimbursements and longevity. Pro-ration shall commence with the date of entry into the unit and end on December 31st of the year of entry.
20.2 Retroactive payments of any kind, including salary increases, will not be made for those employees who separate from employment prior to the date on which payment is issued. The preceding sentence does not apply to employees who retire during the life of this Agreement, as defined in Article XIV.
















ARTICLE 21. DURATION.

This agreement shall be in full force and effect as of January 1, 2003, and shall remain in
effect to and including December 31, 2006. The parties shall commence negotiations toward a successor agreement no later than September 1, 2006. Any Agreement so negotiated shall apply
to all employees, be reduced to writing, and be signed by the parties.

IN WITNESS WHEREOF, the parties have hereunto set their hands and seals at the
County of Atlantic, New Jersey.

ATLANTIC COUNTY
PROSECUTOR’S OFFICE
COUNTY OF ATLANTIC SUPERIOR OFFICERS ASSN.



________________________ Date______ ________________________ Date______
Dennis E. Levinson Norman Meyers, President
County Executive PBA Local No. 77


________________________ Date_____ ________________________ Date_____
Jeffrey S. Blitz Shop Steward
Atlantic County Prosecutor Atlantic County Prosecutor’s SOA



_____________________ Date_____
James F. Ferguson
County Counsel