MANAGEMENT RIGHTS

EMPLOYEE RIGHTS

GRIEVANCE PROCEDURES

HOURS AND OVERTIME

HOLIDAYS

VACATIONS

PAID LEAVES OF ABSENCE

HOSPITALIZATION AND INSURANCE

PROFESSIONAL DEVELOPMENT

SALARY GUIDE

UNIFORMS PURCHASE MAINTENANCE

DEFENSE OF EMPLOYEES

SEPARABILITY AND SAVINGS

FULLY BARGAINED PROVISIONS

TERM AND RENEWAL

1.

The Township of Sparta recognizes the Sparta Dispatchers Association as the sole and exclusive bargaining representative for the Sparta Dispatchers Association. This Agreement shall cover all full-time Police Radio Dispatchers.

MANAGEMENT RIGHTS

A. The Township hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it prior to the signing of this Agreement by the Laws and Constitution 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 the activities of its employees.
2. To hire all employees and, subject to the provisions of law, to determine their qualifications and conditions for continued employment, or assignment and to promote and transfer employees.
3. To suspend, demote, discharge or take other disciplinary action for good and just cause according to law.
B. The exercise of the foregoing powers, rights, authority, duties or responsibilities of the Township, the adoption of policies, rules, regulations and practices and furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms thereof are in conformance with the Constitution and Laws of the State of New Jersey and of the United States.
C. Nothing contained herein shall be construed to deny or restrict the Township of its rights, responsibilities and authority under R.S.40 and R.S. 11 or any other national, state, county or local laws or ordinances.

A. Purpose
B. 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 this Agreement. The parties agree that this procedure will be kept as informal as may be appropriate.
C. Nothing herein contained shall be construed as limiting the rights of any member having a grievance to discuss this matter informally with any appropriate member of the departmental supervisory staff and having the grievance adjusted without intervention of the Association.
D. 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 related working conditions as may be raised by an individual, the Association, or the Township.
E. Steps of the Grievance Procedure
The following constitutes the sole and exclusive method for resolving grievances between the parties covered by this Agreement, with the exception of Township initiated grievances which will proceed in accordance with Article III, Section D, and shall be followed in its entirety unless any step is waived by mutual consent:
Step One
The aggrieved shall institute action under the provisions hereof within ten (10) calendar days after the event giving rise to the grievance has occurred and an earnest effort shall be made to settle the differences between the aggrieved employee and his/her 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 of Police, or his designee, shall render a written decision within five (5) days after receipt of the grievance.
Step Two
If the grievance is not settled at the first step, the grievant or the representative(s) from the Association may make written request for a second step meeting within five (5) days after the answer at the first step. The Chief of Police, or his designee, shall set a meeting within seven (7) calendar days after the request for such time as is mutually agreeable. Said second step meeting shall be between the Township Manager and the Chief of Police with the Association representative(s). The Township Manager's decision to the second step shall be delivered to the Association within seven (7) calendar days after the meeting.
Step Three
If no satisfactory resolution of the grievance is reached at Step Two, then within five (5) working days the grievance may be referred to the Public Employment Relations Commission for the selection of an arbitrator pursuant to rules of said Commission. The decision of the arbitrator shall be final and binding upon the parties. The expense of such arbitration shall be borne equally by the parties.
TOWNSHIP GRIEVANCES
Grievances initiated by the Township shall be filed directly with the Sparta Dispatchers Association. Within ten (10) calendar days after the filing of the grievance, a meeting shall be held between representatives of the Township and the Sparta Dispatchers Association in an earnest effort to adjust the differences between the parties.

A. All police radio dispatchers are required to work on a shift basis on a schedule approved by the Chief of Police.
B. During any assigned shift, dispatchers shall be entitled to meal breaks and other relief from duties as required by The Fair Labor Standard Act and as authorized by the ranking officer in charge of the shift.
C. Effective January 1, 2006 it is agreed that benefit calculations for all vacation, sick, holiday and personal days shall be based on a twelve (12) hour day. All references to days in the contract shall mean twelve (12) hours for the purposes of time off and compensation. Each officer will work a total of 2184 hours per year on a schedule assigned by the Chief of Police. Work outside of the scheduled 2184 hours will be compensated for as outlined in Article IV, D.
D. In times of emergency, as called by the Chief of Police, all police radio dispatchers are subject to recall unless they are on sick leave. If a dispatcher is called out by the Chief of Police or his designee for a Township emergency, he/she shall be paid for a minimum of four (4) hours worked, which shall be in the form of compensatory time or pay at time and one-half based upon the request of the dispatcher. All other authorized overtime work shall be at the rate of time and one-half for all hours actually worked. Calculation of overtime pay shall be based on a forty (40) hour work week. This reference to a forty (40) hour work week shall apply only to overtime calculation. To implement the provisions of the Fair Labor Standards Act, the Township agrees that effective April 15, 1985, overtime will be paid for any week a dispatcher works in excess of 40 hours, not including vacation, sick leave, or other absences from work. This provision shall be voided if changes are made in the Fair Labor Standards Act which in any way exempt the Township from complying with the provisions of the Act. Thereafter, overtime would only be paid for hours worked in excess of the regular shift schedule.
E. In the event any off-duty dispatcher receives compensation from any litigants to a civil legal proceeding, such compensation or pay, if any, received by the dispatcher from the Township for such time spent shall be reimbursed to the Township by the dispatcher, whichever is less. No compensatory time shall be granted in the event the dispatcher has been compensated by the litigants to the proceeding.
F. Dispatchers who are required to appear in court during off-duty hours in connection with job-related cases dealing with criminal or motor vehicle matters shall receive compensatory time in units of four (4) hours or time and one-half for all such hours based upon the mutual consent of both parties.
G. The schedule for the assignment of personnel for the shifts of the dispatchers shall be prepared by the Chief of Police or his designee. Insofar as possible, assignments of personnel will be made on a rotating basis, i.e., personnel will be assigned for a fixed period on one shift and rotated on a planned basis to other shifts for approximately equal periods of time. It is intended that this procedure will apply to all police radio dispatchers, but will not include special assignments such as training, records, etc., which are required and approved by the Chief of Police. This section shall not interfere with the authority of the Chief of Police or his designee to assign radio dispatchers to other shifts or functions when special circumstances or emergencies occur.
H. The Chief of Police or his designee shall give priority to the regular, full-time police radio dispatchers on a seniority basis when assigning overtime duty to fill temporary vacancies due to sickness, vacation schedules or other reasons when such vacancies are known in advance. The Chief of Police or his designee may fill the vacancy with any qualified dispatcher when time or conditions warrant.

A. The following holidays shall be recognized for all police radio dispatchers:
1. New Year's Day 2. Martin Luther King's Birthday

3. President's Birthday 4. Good Friday
5. Memorial Day 6. Independence Day
7. Labor Day 8. Veteran's Day
9. Thanksgiving Day 10. Day following Thanksgiving
11. Christmas 12. Easter Sunday

A. Full-time permanent police radio dispatchers shall earn vacation on the basis of the following schedule:
1. Up to one (1) year of service, one (1) workday for each month or part thereof.
2. One (1) through five (5) years of service, twelve (12) workdays' vacation during each year of service.
3. Six (6) through ten (10) years of service, seventeen (17) workdays' vacation during each year of service.
4. Eleven (11) through fifteen (15) years of service, twenty (20) workdays' vacation during each year of service.
5. Fifteen (15) plus years of service, twenty (23) work days' vacation during each year of service.
B. Computation of service shall be given for all continuous full-time service or permanent part-time service which an employee shall have served in an office, position or employment in the classified or unclassified service.
C. Periods of leave of absence without pay may be deducted from an employee's total continuous service for purposes of determining the earned service credit for vacation leave.

A. SERVICE CREDIT FOR SICK LEAVE
1. All permanent police radio dispatchers shall be entitled to sick leave with pay based on their aggregate years of service.
2. Sick leave may be utilized by employees when they are unable to perform their work by reason of personal illness, accident, or exposure to contagious disease. Sick leave may also be used for short periods because of death in the employee's immediate family or for the attendance of the employee upon a member of the immediate family who is seriously ill. Such sick leave shall not include any extended period where the employee serves as a nurse or housekeeper during this period of illness.
B. AMOUNT OF SICK LEAVE
1. The minimum sick leave with pay shall accrue on the basis of one and one-quarter (1 1/4) working day per month during the remainder of the first calendar year of employment after initial appointment. Sick leave shall be accumulated at the rate of fifteen (15) days per year.
2. Any 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 purpose.
3. Any amount of used sick leave which exceeds the amount accrued to an employee's account at time of separation from the Township will be deducted from the final salary payment.
4. Full-time dispatchers hired prior to January 1, 2002 shall be reimbursed for accrued sick leave at the time of retirement, death, or resignation in good standing with at least ten (10) years of full time service with the Township at the rate of 75% percent of his/her accrued sick leave. The maximum limit of accrued sick leave for the purposes of this clause only, shall not exceed one hundred fifty (150) days.
5. Full-time dispatchers hired after January 1, 2002 shall be reimbursed for accrued sick leave at the time of retirement, death, or resignation in good standing with at least ten (10) years of full time service with the Township at the rate of 75% percent of his/her accrued sick leave. The maximum limit of accrued sick leave for the purposes of this clause only, shall not exceed one hundred (100) days.
6. The Township shall certify to the Department of Civil Service the employee's accumulated sick leave total which shall be made a part of the employee's permanent record.
7. Dispatchers who plan on retiring must provide the Township Manager a written notice twelve months in advance of their intended retirement date so that adequate provisions can be made in the subsequent budget to fund their retirement benefits from the Township. If a dispatcher fails to provide the twelve month notice, the Township reserves the right to prorate all or a portion of the payments into the following yearly budget.
C. REPORTING OF ABSENCE ON SICK LEAVE

1. If an employee is absent for reasons that entitle him/her to sick leave, his/her supervisor shall be notified promptly as of the employee's usual reporting time, except in those work situations where notice must be made prior to the employee's starting time.

A. The Township shall provide hospitalization and major medical coverage under the plan known as “The Select Plan” as currently offered by the North Jersey Municipal Employee Benefits Fund (NJMEBF). In addition, during insurance open enrollment periods, employees may select, if they so choose, any other plan being offered by the Township during said open enrollment period. This plan will cover all permanent, full-time employees and their eligible dependents.
1. Effective January 1, 2001, the co-pay provisions will increase to $4.00 each prescription for generic drugs and $8.00 each prescription for brand name drugs. Effective January 1, 2007 the co-pay provisions will increase to $5.00 each prescription for generic drugs and $15 each prescription for name brand drugs. Effective January 1, 2007 the deductible for prescription reimbursement shall increase from $50 to $100 per year. Any payments during the years 2005 and 2006 in excess of $50 shall be reimbursed to the employee by the Township upon submission of proper documentation. Any payments beginnning in 2007 in excess of $100 shall be reimbursed to the officer upon submission of proper documentation. Retired employees shall be able to submit for reimbursement by mail.
2. Upon proof of amount paid exceeding the $50 annual maximum for 2005 and 2006 and $100 annual maximum thereafter, the employee will immediately be reimbursed out of a petty cash fund during regular Township business hours. There will be no requirement to submit a voucher unless the amount to be reimbursed is in excess of $16.00. The employee may conceal the name of the medication on the receipt from the Township.
3. Effective January 1, 2006 the Health Insurance deductible of $100 per individual and $200 per family will increase to $200 per individual and $400 per family.
B. All full-time dispatchers shall be eligible to be enrolled in the Township health benefits program no later than the third month following his/her appointment date. The Township shall provide hospitalization and major medical coverage as outlined above to these dispatchers only at no expense. Coverage for prescription drugs and dental shall be provided with the stipulation that the dispatcher must pay for ten (10%) percent of the annual cost of the coverage. Dependent coverage for hospitalization, major medical, prescription drugs and dental shall be available provided that the dispatcher must pay 10% of the annual cost of this coverage.
C. The Township shall provide a prepaid dental care with the following benefit structure:
Plan Pays

Preventive and Diagnostic 75/25
Remaining Basic 75/25
Prosthodontic Service 50/50
With a maximum benefit of $1,000 per individual covered, per calendar year.
In addition-

With a per case maximum of $2,000. Orthodontic coverage includes dependent children to age 19 and dependent children who are full-time students to age 23.
Effective January 1, 2003 the Orthodontic per case maximum will increase to $3,000.

PROFESSIONAL DEVELOPMENT

A. The Township will advance 100% of the tuition costs incurred by full-time employees who enroll in accredited college level, job-related courses which are approved for such advances by the Township Manager. The Township's contribution shall not exceed 100% of the net tuition costs to the employees less any scholarship or other financial aid available to the employees. The employee shall submit a copy of his/her grade report to the Chief of Police upon completion of each course and/or immediately notify the Chief of Police if he/she withdraws or fails to complete a course for which the Township has advanced tuition costs. The advances so made shall be repaid by the employee in the event he/she does not complete the course with a minimum grade of "C."
B. The Township shall pay an education increment to dispatchers as follows:

A degree in any field that was earned prior to the employee’s date of hire will receive the increment outlined in Table 2. A degree that is earned after the employee’s date of hire in the field of Criminal Justice, Police Science, Public Administration, Computers, Sociology or Psychology will receive the increment outlined in Table 1.

A. Salaries of all employees covered by this Agreement shall be as provided herein.
B. Included in the January 1, 2006 salary figures is an adjustment to compensate for overtime (Garcia pay) pay for any hours within the scheduled 2184 hours per year that exceed the 40 hour work week. However, overtime worked over the scheduled 2184 hours will be compensated for as outlined in Article IV. Dispatchers scheduled to work eight (8) hour shifts will be required to work an additional 104 hours per year to receive equivalent compensation as the 12 hour dispatchers.
C. The following salary guide shall be in effect for dispatchers during the life of this Agreement.

	Effective 1/1/2005	Effective 1/1/06	Effective 7/1/06	Effective 1/1/07	Effective 7/1/07	Effective 7/1/07
(1) Starting Rate	$31,381	$35,914	$36,274	$37,635	$38,011	$39,437
(2) After completion of six (6) months	$34,368	$39,336	$39,729	$41,219	$41,631	$43,192
(3) After completion of twelve (12) months	$37,328	$42,619	$43,046	$44,660	$45,106	$46,798
(4) After completion of twenty-four (24) months	$40,110	$45,906	$46,365	$48,104	$48,585	$50,407
(5) After completion of thirty-six (36) months	$42,980	$49,192	$49,684	$51,547	$52,063	$54,015
(6) After completion of forty-eight (48) months	$45,850	$52,476	$53,001	$54,988	$55,538	$57,621
(7) After completion of sixty (60) months	$48,722	$55,763	$56,320	$58,432	$59,017	$61,230
(8) After completion of seventy-two (72) months	$51,604	$59,060	$59,651	$61,888	$62,507	$64,851
(9) After completion of eighty-four (84) months	$53,667	$61,423	$62,037	$64,363	$65,007	$67,445

D. Communications Center Manager Stipen: Effective January 1, 2005, a dispatcher who is assigned by the Chief of Police to perform the duties of Communications Center Manager shall receive additional compensation in the amount of up to $4,000 in addition to the salary noted in Paragraph C above.
E. Movement from one increment to another shall be based on merit review upon evaluations which are approved and authorized by the Township Manager. Movement from pay increments shall not be granted automatically. Upon approval of the Township Manager, movement to the next step will occur on the dispatcher's date of hire anniversary.
F. All new dispatchers hired will be paid at the minimum starting salary stipulated by this Agreement. It is recognized that the Township may hire experienced police radio dispatchers. The Township may enter into an agreement with said person(s) to place same into a Step greater than the starting rate, but no higher than the rate outlined in Paragraph B. Placement in said Step shall serve as that 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 salary guide.

The following uniform articles will be provided by the Township upon the initial hiring of a dispatcher: Six (6) long sleeve shirts, six (6) short sleeve shirts and four (4) pair trousers. The Township will provide each dispatcher with a $450 allowance annually to be used for the replacement and maintenance of the dispatcher uniform. The annual uniform allowance will increase to $500 on January 1, 2008.
No allowance will be paid for the first year of service.

Whenever an employee covered by this Agreement is a defendant in any action or legal proceeding arising out of or incidental to the performance of the employee's duties, the Township of Sparta shall provide said employee with the necessary means for the defense of such action or proceeding, but not for the employee's defense in a criminal or disciplinary proceeding instituted as a result of a complaint on behalf of the Township of Sparta. If any such disciplinary or criminal proceeding instituted by or on behalf of the Township of Sparta shall be dismissed or finally determined in favor of the employee, the employee shall be reimbursed for the expense of the employee's defense in accordance with the Township's legal defense policy and provisions of law.

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 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.

This Agreement represents and incorporates the complete and final understanding and settlement by the parties of all bargainable issues which were or could have been the subject of negotiations. During the term of this Agreement, neither party will be required to negotiate with respect to any such matter whether or not within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement.

This Agreement shall be in full force and effect as of January 1, 2002 and shall remain in effect to and including December 31, 2004 without any reopening date. All benefits of this Agreement shall be retroactive to January 1, 2002. This Agreement shall continue in full force and effect from year-to-year thereafter until a new contract is agreed upon.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this _____________ day of August, 2005.
WITNESS TOWNSHIP OF SPARTA
______________________________ ________________________________
Henry M. Underhill, Township Manager

WITNESS SPARTA DISPATCHERS ASSOCIATION

_____________________________ __________________________________

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