Contract Between
Freehold Tp-Monmouth
- and -
PBA Loc 209 (SOA)
* * *
01/01/2022 thru 12/31/2025


CategoryMunicipal
UnitPolice Superior Officers

Contract Text Below
1/1/22
AGREEMENT

Between

TOWNSHIP OF FREEHOLD
MONMOUTH COUNTY, NEW JERSEY
and
SUPERIOR OFFICERS OF FREEHOLD TOWNSHIP

LOCAL 209

______________________________________________________________
January 1, 2022 through December 31, 2025
______________________________________________________________



Township Committee              SOA Negotiating Committee
Anthony J. Ammiano John Todd
Thomas L. Cook James Burdge
Maureen Fasano Frank Mount
Lester A. Preston, Jr. Jarrad Kodran
Alan C. Walker

Township Administrator
Peter R. Valesi

Township Attorney            PBA Attorney
Andrew J. Ball, Esq.       James M. Mets, Esq,
Davison, Eastman, Munoz, Paone, P.A.     Mets Schiro & McGovern, LLP
100 Willowbrook Road, Suite 100         555 Hwy. One South, Suite 320
Freehold, NJ 07728                       Iselin, NJ 08830
732-462-7170                           (732) 636-0040
www.respondlaw.com                       www.msmlaborlaw.com

27
TABLE OF CONTENTS

ARTICLE PAGE

PREAMBLE.........................................................3
I. RECOGNITION 4
II. DEFINITIONS 5
III. EMPLOYEE RIGHTS 6
IV. SOA RIGHTS 7
V. MANAGEMENT RIGHTS 9
VI. GRIEVANCE PROCEDURE 11
VII. HOURS AND OVERTIME 16
VIII. OUTSIDE ASSIGNMENTS 18
IX. HOLIDAYS 19
X. VACATIONS 21
XI. MISCELLANEOUS 25
XII. SICK LEAVE AND BEREAVEMENT LEAVE 27
XIII. SERVICE-CONNECTED SICKNESS, INJURY
OR DISABILITY LEAVE 33

XIV. HOSPITALIZATION, DENTAL & LIFE INSURANCE 37
XV. PENSION PLAN 43
XVI. SALARY 44
XVII. ELIMINATION OF LONGEVITY 46
XVIII. TUITION REIMBURSEMENT & ELIMINATION OF C.I.P. 47
XIX. DETECTIVE BUREAU 52
XX. NO-STRIKE PLEDGE 54
XXI. NON-DISCRIMINATION PLEDGE 55
XXII. SOA LEAVE TIME 56
XXIII. SEPARABILITY AND SAVINGS 57
XXIV. FULLY BARGAINED PROVISIONS 58
XXV. CHECKOFF 59
XXVI. REPRESENTATION FEE 60
XXVII. TERM AND RENEWAL 64
SIGNATURE PAGE 65
APPENDIX A-CONTRIBUTION CHART FOR OFFICERS WHILE EMPLOYED BY
THE TOWNSHIP 66
APPENDIX B-CONTINGENT HEALTHCARE COST SHARING 67
APPENDIX C-SALARY GUIDE 68
-i-
PREAMBLE


THIS AGREEMENT entered into this 1st day of January, 2022 by and between the TOWNSHIP OF FREEHOLD, in the County of Monmouth, a Municipal Corporation of the State of New Jersey, hereinafter called the "Township", and the SUPERIOR OFFICERS OF FREEHOLD TOWNSHIP, LOCAL 209, heretofore including Captains, Sergeants and Lieutenants, hereinafter called the "SOA”, represents the complete and final understanding on all bargainable issues between the Township and the SOA.
  ARTICLE I
RECOGNITION

A. The Township recognizes the SOA for the purposes of collective negotiations as the exclusive representative of the Association in the negotiations unit and reference to males shall include female police officers.
B. This Agreement shall cover wages, hours and other terms and conditions of employment including a grievance procedure.
      ARTICLE II
DEFINITIONS

A. Seniority shall be defined as an individual's service as a sworn Superior Officer with the Township of Freehold Police Department and such service shall be calculated from the commencement of employment and the individual's subsequent promotion with the Township of Freehold Police Department.
B. May is permissive.
C. Shall and will - is mandatory.
D. Regular straight time pay - consists of Base Salary and where applicable longevity, college incentive, and detective increment.  
  ARTICLE III
EMPLOYEE RIGHTS

Pursuant to N.J.S.A. 34:13A-1 et seq., the parties agree that Superior Officers shall have the right to freely organize, join and support the Association for the purpose of engaging in collective negotiations or to refrain from any such activity.
       ARTICLE IV
SOA RIGHTS

A. Grievance Committee
1. The Association Grievance Committee shall consist of three (3) members of the Association, no more than two (2) of whom shall be granted leave from duty without loss of regular straight time pay for mutually scheduled meetings between the Township and the Association for the purpose of processing grievances.  The members of the Association Grievance Committee shall consist of the President or Vice President and other Superior Officers appointed by the President of the Association.
2. In the event mutually scheduled grievance meetings take place when a member of the Committee is on duty, upon not less than twenty-four (24) hours’ notice to the Chief of Police, or his designee, no more than two (2) such Officers will be granted leave from duty without loss of regular straight time pay provided:
a. The granting of said leave does not diminish the effectiveness of the Police Department.
b. The Superior Officer(s) who would otherwise be on duty attend(s) the grievance session in uniform (if not a Detective) and is available and prepared to respond to any matter as directed by the Chief of Police or his designee.



B. Convention Committee
The Association Convention Committee shall consist of three (3) members of the Association, two (2) of whom shall be granted leave from duty without loss of regular straight time pay, for the purpose of attending State conventions provided under N.J.S.A. 40A:14-177.  Members of the Association Convention Committee shall be the Association President, the Association Vice President and any other additional Association member as designated by the President of the Association.
C. Local Association Meetings
When Association meetings take place at a time during which members are scheduled to be on duty, not more than two (2) members shall be allowed to attend said meetings without loss of pay, providing attendance shall not diminish the effectiveness of the Police Department.  Association officials who will be able to attend meetings, in order of priority, shall be the Association President, or Vice President, delegate or alternate delegate, secretary or alternate secretary, and treasurer, then other Association members.
            ARTICLE V
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 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 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 the 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 hereof are in conformance with the Constitution and laws of New Jersey and of the United States, and ordinances of Freehold Township.
C. Nothing contained herein shall be construed to deny or restrict the Township of its rights, responsibilities and authority under NJSA Titles 11, 11A, 40 and 40A or any other national, state, county or local laws or ordinances.
ARTICLE VI
GRIEVANCE PROCEDURE
A. Purpose
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 this Agreement.  The parties agree that this procedure will be kept as informal as may be appropriate.
2. Nothing herein contained shall be construed as limiting the right of any employee having a grievance to discuss this matter informally with any appropriate member of the departmental supervisory staff and having the grievance adjusted without the intervention of the Association.
B. Definition
The term "grievance" as used herein means any controversy arising over the interpretation, application or violation of any of the provisions of this Agreement and may be raised by an individual, the Association on behalf of and at the request of an individual or group of individuals.
C. 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 Section D, and shall be followed in its entirety unless any step is waived by mutual consent:
Step One:
The aggrieved shall institute action in writing under the provisions hereof within fourteen (14) calendar days (excluding the grievant's vacation and holiday leave) 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 immediate supervisor for the purpose of resolving the matter informally.  Failure to act within the said fourteen (14) calendar day limitation may be extended upon presentation to the Police Chief of a physician's certificate attesting to the incapacity of the grievant to file within the prescribed time.  The Police Chief, or his designee, shall render a decision in writing within ten (10) calendar days after receipt of the grievance.
Step Two:
If the grievance is not settled at the first step, the grievant may make written request for a second step meeting within seven (7) calendar days after the answer at the first step.  The Township Administrator, or his designee, may at his option set a meeting.  Said second step meeting, if scheduled, shall be between the Township Administrator and the Police Chief with the SOA representative and the SOA Attorney, if requested by the grievant.  The Township Administrator's written answer to the second step shall be delivered to the SOA within ten (10) calendar days after receipt of the written grievance in Step Two.

Step Three:
If the aggrieved person is not satisfied with the handling or result of the grievance on the second level, he may within seven (7) calendar days notify the Township Administrator in writing that he wishes to have the Township Law Enforcement Sub-Committee (consisting of two (2) members of the Township Committee and a third person designated by the Township Committee who is not the Township Administrator) rule on the aggrieved matter.  A meeting shall be set within fourteen (14) calendar days after the Township Law Enforcement Sub-Committee (through the Township Administrator) has received the request that it rule on the matter.  At such meeting, the aggrieved may appear with a representative of the SOA and the SOA Attorney, if requested by the grievant.  The Township Law Enforcement Sub-Committee's written answer to the third step shall be delivered to the SOA within seven (7) calendar days after said meeting.
Step Four:
Should the aggrieved person be dissatisfied with the decision of the Township Law Enforcement Sub-Committee, the SOA may file in writing for arbitration as noted below.
Step Five:
If the SOA should elect to file for arbitration, the matter may be referred to arbitration within fourteen (14) calendar days of the decision of the Township Law Enforcement Sub-Committee.  An arbitrator shall be selected in accordance with the procedures of the Public Employment Relations Commission.  However, no arbitration shall be held for a period of thirty (30) days.  In the event the aggrieved files for a review by the Civil Service Commission, the matter shall be withdrawn from arbitration and all filing costs shall be borne by the aggrieved or the Union.
1. Unless the parties agree otherwise, no more than one (1) issue shall be presented to an arbitrator in any single case.
2. The fees and expenses of the arbitrator shall be borne equally by the parties.  Any other expenses incurred by the parties, including but not limited to the presentation of witnesses, shall be borne by the party incurring same.
3. The arbitrator shall be bound by the terms and conditions of this Agreement and shall not have any power to add to, subtract from or in any way modify any of the terms of this Agreement.
4. The decision of the arbitrator shall be in writing with the reasons therefor and shall be binding upon the parties; subject, however, to any applicable statutes and case law available to the parties.
5. Either the Township or the SOA may waive any of the steps of the grievance procedure, but said waiver can only be done in writing with the consent of the other party in question.
6. The time limits set forth herein shall be strictly adhered to.  If any grievance has not been initiated within the time limit specified, the grievance shall be deemed to have been waived.  If any grievance is not processed to the succeeding step in the grievance procedure within the time limits prescribed, then disposition of the grievance at the prior step shall be deemed to be conclusive.  In the event the Township fails to respond within the time limits specified, then the grievance shall proceed to the next step in the grievance procedure.  Nothing herein shall prevent the parties from mutually agreeing to extend or contract the time limits provided for processing the grievance at any step in the grievance procedure.
D. Township Grievances
Grievances initiated by the Township shall be filed directly with the SOA within fourteen (14) calendar days after the event giving rise to the grievance has occurred.  A meeting shall be held within fourteen (14) calendar days after the filing of the grievance between representatives of the Township and the SOA and its attorney in an earnest effort to adjust the differences between the parties.
ARTICLE VII
HOURS AND OVERTIME
A. All members of the Police Department are required to work an average of forty (40) hours per week on a shift basis on a schedule approved by the Police Chief.  In times of emergency, all members of the Department are subject to call unless they are on sick leave.
B. Superior Officers who work overtime that has been approved in advance by the Police Chief, or designee, will, at the discretion of the Police Chief receive pay or compensatory time off for such overtime work.  Scheduling of compensatory time off is subject to approval by the Police Chief.
Pursuant to the Fair Labor Standards Act, compensatory time in lieu of overtime payment in cash may be accrued up to four hundred eighty (480) hours.  Employees who have accrued the maximum four hundred eighty (480) hours of compensatory time must be paid cash wages at the overtime rate for all overtime hours worked in excess of the maximum for the work period set forth in this Article.
C. Overtime compensation, whether in cash or compensatory time, shall be computed at one and one-half (1 ½) times the regular rate of pay and shall take effect only after the employee has worked forty (40) hours per week, commencing at 01 hours on Saturday or 01 hours of the first day of any future designated work week.
D. Employees shall be compensated at the rate of one and one-half (1 ½) their regular rate of pay for a minimum of four (4) hours when they are called in for duty from off-duty status.
E. 1. For all compensatory time accrued after 12/31/11, time shall be accrued and used in the same calendar year.    On December 31 of each year, any unused compensatory time will be banked at its value and shall remain constant at the salary corresponding to the year in which it was earned.   A bank shall be established for each year and tracked.
2. Should an officer have no available current year compensatory time, he may use compensatory time out of his bank, and indicate which year’s bank is to be utilized.
3. Compensatory time earned prior to 1/1/12 shall remain in a “grandfathered” bank under the old compensatory time policy.   No compensatory time will be added to the grandfathered bank, unless authorized to be deposited in that bank by the Township Administrator or authorized by Township Committee.
     ARTICLE VIII
OUTSIDE ASSIGNMENTS

A. "Outside Assignments" shall be defined as the performance of services of a nature not normally provided by the Township or services in the nature of private police duty by the employees during their off duty hours at the direction and under the supervision of the Chief of Police.  It is understood that any period of time which shall be worked in connection with an outside duty assignment as defined by this Article shall not be considered or calculated in connection with any of the provisions of the Federal or New Jersey Wage and Hour laws.
B. When performing "Outside Assignments," employees shall be covered by the Township's Workers Compensation Insurance.
C. An employee shall be given twenty-four (24) hours’ notice of any outside assignment, unless the officer agrees otherwise.
  ARTICLE IX
HOLIDAYS

A. The following holidays shall be recognized:
1. New Year's Day

2. Martin Luther King Jr’s Birthday

3. Lincoln's Birthday

4. Washington's Birthday

5. Good Friday

6. Memorial Day

7. Independence Day

8. Labor Day

9. Columbus Day

10. General Election Day

11. Veterans’ Day

12. Thanksgiving Day

13. Day after Thanksgiving

14. Christmas Day

B. During the term of this Agreement, all employees covered by the Agreement shall be compensated for holidays in accordance with either of the following formulas:
1. One (1) day's pay for each of ten (10) holidays and compensatory time for four (4) holidays:
OR
2. One (1) day's pay for each of eight (8) holidays and compensatory time for six (6) holidays:
OR
3. One (1) day's pay for each of fourteen (14) holidays and no compensatory time:
OR
4. Compensatory time for each of fourteen (14) holidays in lieu of any payment for recognized holidays.
C. The aforementioned payment shall be made between November 1 and November 15 of each year.

ARTICLE X
VACATIONS
A. Annual vacation leave with pay shall be earned at the following rate as determined on January 1 of each year which contains the corresponding anniversary for that year.  The term 'annual leave' shall mean the total annual leave which had been previously defined as vacation days and personal days.  
1.   The Sergeants’ vacation leave for employees hired prior to 1/1/2017 shall be as follows:
              At employment - Eighteen (18) vacation days;
              On fifth (5th) anniversary of employment - Twenty-one (21) vacation days;
              On ninth (9th) anniversary of employment - Twenty-three (23) vacation days;
              On thirteenth (13th) anniversary of employment - Twenty-four (24) vacation days;
              On fourteenth (14th) anniversary of employment - Twenty-seven (27) vacation days;
              On twentieth (20th) anniversary of employment - Twenty-nine (29) vacation days;
2.  The Lieutenants’ vacation leave for employees hired prior to 1/1/2017 shall be as follows:
              At employment - Nineteen (19) vacation days;
              On Fifth (5th) anniversary of employment - Twenty-two (22) vacation days;
              On Ninth (9th) anniversary of employment - Twenty-five (25) vacation days;

              On Fourteenth (14th) anniversary of employment -  Twenty-eight (28) vacation days;


              On Twentieth (20th) anniversary of employment – Thirty-one (31) vacation days;
3.  The Captain’s vacation leave for employees hired prior to 1/1/2017 shall be as follows accounting for the eight-hour work day:
              Prior to the Twentieth (20th) anniversary of employment- thirty-four (34) vacation days;

              On Twentieth (20th) anniversary of employment - thirty-six (36) vacation days;

4.   The Sergeants’ vacation leave for employees hired on or after 1/1/2017 shall be as follows:
              At employment - sixteen (16) vacation days;
              On fifth (5th) anniversary of employment - Twenty (20) vacation days;
              On ninth (9th) anniversary of employment - Twenty-one (21) vacation days;
              On thirteenth (13th) anniversary of employment - Twenty-three (23) vacation days;
              On fourteenth (14th) anniversary of employment - Twenty-five (25) vacation days;
              On twentieth (20th) anniversary of employment - Twenty-six (26) vacation days;
5.  The Lieutenants’ vacation leave for employees hired on or after 1/1/17 shall be as follows:
              At employment - seventeen (17) vacation days;
              On fifth (5th) anniversary of employment - Twenty-one (21) vacation days;
              On ninth (9th) anniversary of employment -Twenty-three (23) vacation days;
              On fourteenth (14th) anniversary of employment - Twenty-six (26) vacation days;
              On twentieth (20th) anniversary of employment - Twenty-eight (28) vacation days;
6.  The Captain’s vacation leave for employees hired on or after 1/1/17 based upon an eight-hour work schedule, shall be as follows:
              Prior to the Twentieth (20th) anniversary of employment -thirty-one (31) vacation days;

              On Twentieth (20th) anniversary of employment - thirty-three (33) vacation days;
B.   Vacation allowance must be taken during the current calendar year and reasonable efforts will be made to give the employee the time of his choosing unless the Township determines that the vacation cannot be taken because of pressure of work as determined by the Township may be carried forward into the next succeeding year only and will be scheduled by the Police Chief to be taken in the next succeeding year.
C. In the event an employee covered by this Agreement is called into work after the commencement of his vacation, he shall be paid at the rate of time and one-half his regular straight time rate for all work performed and will have his vacation time rescheduled at a future date.
D. Officers may convert sick time to additional vacation days in accordance with the applicable sections of Article XII.
E.  Blackout dates for selection of vacation time, which are historically days that are limited to be selected for vacation because of special holidays and circumstances, will no longer be recognized as a limitation on vacation selection.
F.  Officers may use up to three (3) vacation days that have not been scheduled in the beginning of the year as “emergency vacation” days, regardless of staffing or manpower issues for that day. Emergency vacation days can be used for any reason and shall not be denied provided the officer gives his supervisor at least 1 hour notice and provided that there are not more than 2 unit members on the shift that have already been approved for an emergency vacation day.  
Emergency vacation days cannot be used on the actual day of a contractual holiday, but can be used on the day the Township Offices recognize the holiday, if different. Emergency vacation days can be denied during a state of emergency that is declared by the President, Governor, or County Commissioners and which applies to the Township.
In addition, these days may be used as half-days for the same unspecified purpose, without scheduling in advance, however, half-days utilized shall not create a manpower or staffing issue.
ARTICLE XI
MISCELLANEOUS
A. In the event of a conflict between any provision of this Agreement and a Township ordinance or resolution, the provision(s) of this Agreement shall govern.
B. Officers shall have the option of maintaining a mobile phone capable of accessing e-mail, text and voice in one of two programs:
        1. A Superior Officer may obtain a smart phone from the Township through the Information Technology Office, in which the Township will pay for the hardware and service contract through their state contract program.
        2. Superior Officers may decide to make their own personal mobile smart phone available for use for Township business and communication.  For use of their personal mobile device, the officer shall receive a monthly reimbursement of $30, which will be paid in six-month aggregate installments of $180 in July and January following submission of a proof of service form.  This
program shall not reduce an officer’s expectation of privacy, or be viewed as consent to access or search
the cell phone or related data.
    C. An officer who has received major discipline, defined as a
suspension of more than 5 working days, demotion, or termination shall not have their name released pursuant to Attorney General Directives 2020-5 and 2021-6 until all appeals have been exhausted and the discipline becomes final and only upon providing said officer with 30 calendar days’ written notice prior to the release date.
D. When an officer is involved in a critical incident, such as a shooting, motor vehicle accident, or physical altercation, and requests medical attention or evaluation, he shall be removed from the area as soon as possible, and shall not be required to respond to any questions or supply any statement or written report, except as needed to preserve life or health, until released by the evaluating physician or other medical professional. Such delay shall not exceed forty-eight (48) hours except if the officer is physically and/or mentally incapacitated. Investigations outside of the purview or not in jurisdiction control of the Township shall be exempt from this provision, and any such investigations that are not consistent with this clause shall not be a violation of this contract. Nothing herein shall be deemed to be a waiver of an officer’s individual rights, including, but not limited to the right against self-incrimination.

 ARTICLE XII
SICK LEAVE AND BEREAVEMENT LEAVE

A. Service Credit for Sick Leave
1. All employees 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 up to five day periods because of death in the employee's immediate family and up to three days for death of other relatives or for the attendance of the employee upon the member of the immediate family who is seriously ill.
3. For the purpose of this Article, immediate family means father, step-father, mother, step-mother, spouse, domestic or civil union partner (meaning a New Jersey State recognized union/partner), child, foster child, step-child, sister, step-sister, brother, step-brother, father-in-law, mother-in-law, grandfather, grandmother and grandchild of the employee.  It shall also include relatives of the employee residing in the employee's household.
4. 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 at fifteen (15) days in every calendar 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.
C. Reporting of Absence on Sick Leave
1. If an employee is absent for reasons that entitle him to sick leave, he/she shall promptly provide proper notification of the absence prior to the employee’s starting time.
              a. Failure to provide proper notification may be cause for denial of the use of sick leave for that absence and constitute cause for disciplinary action.
              b. Absence without notice for five (5) consecutive days 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 may be required to submit acceptable medical evidence substantiating the illness.
2. An employee who has been absent on sick leave
for periods totaling ten (10) days in one (1) calendar year consisting of periods of less than the duration of their normal tour of duty, may be required to submit acceptable medical
evidence for any additional sick leave in that year unless such illness is of a chronic or recurring nature requiring recurring absences of one (1) day or less in which case only one (1)
certificate shall be necessary for a period of six (6) months.  The tour of duty shall be defined as the number of days that the officer works on their scheduled weekly shift (i.e. four (4) days for days/afternoons or three (3) days for midnights.)
a. 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 of disciplinary action.
3. In case of leave of absence due to exposure to contagious disease, a certificate from the Department of Health shall be required.
4. 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 chosen by the employee from a panel of physicians designated by the Township.  Such examination shall establish whether the employee is capable of performing his normal duties and that his return will not jeopardize the health of other employees.
5. Any officer using his/her sick time for maternity/paternity leave (up to 8 days per occurrence) will not have such an occurrence count towards the allotted number of days permitted without a doctor’s note.
E. Sick Leave Upon Retirement
1. Upon retirement from the Township Police Department, in accordance with the provisions of the pension plan, an employee will be entitled to a terminal sick leave benefit in accordance with the following provisions:
a. One-half (½) day for each full day of unused sick leave.
b. For employees hired on or before May 21, 2010, the maximum benefit to which an employee may be entitled under this Agreement is $17,500.00.
c. All employees hired after May 21, 2010 but prior to 1/1/2017 shall only be entitled to receive a maximum benefit as allowed by applicable law, currently set at $15,000.00 by N.J.S.A. 40A:9-10.4.
d. For employees hired on or after 1/1/17, the maximum benefit to which an employee may be entitled under this agreement is $7,500.00
e. To the extent permissible by law, the retiring employee shall have the option of having the Township deposit the amount due under this section into a tax-exempt vehicle established by the employee.  The Township assumes no responsibility for the Federal or State tax liability of individual officers or retirees.  
F. Sick Time Incentive
Officers shall be entitled to the following incentive per calendar year for the corresponding number of sick days used, regardless of whether or not the absence is excused or not:
    1. 0 sick days in a calendar year 40 hours of comp time
    2. 1 sick day in the calendar year 30 hours of comp time
    3. 2 sick days in the calendar year 20 hours of comp time
Comp Time will be awarded on January 1 of the year following the year of recorded absences.
Comp time may be used or cashed in under the normal comp time policy.
G. Sick Time Conversion to Vacation
      1. Officers hired prior to 1/1/2017 may convert up to three (3) sick days to vacation days to be used the following year, provided they have a balance of one hundred ten days (110) banked sick days left at the end of the previous year.
      2. Officers hired on or after 1/1/2017, may convert up to five (5) sick days to vacation days to be used the following year, provided they have a balance of one hundred twenty (120) banked sick days left at the end of the previous year.

H. Bereavement Leave
1. Employees covered under this Agreement shall suffer no loss of regular straight time pay, up to a maximum of four (4) days, one of which shall be the day of the funeral of a member of his immediate family.  The three (3) remaining days shall be used within a two (2) week period for bereavement or to attend to matters of the deceased estate.
2. For the purposes of this Article, immediate family shall be defined as the employee's spouse, domestic or civil union partner (meaning a New Jersey State recognized union/partner), children, foster children, step-children, mother, step-mother, father, step-father, mother-in-law, father-in-law, brother, step-brother, sister, step-sister, grandmother, grandfather and grandchild of the employee.  It shall also include relatives of the employee residing in the employee's household.
3. Sick leave may be utilized for bereavement leave in accordance with Article XII, A.2. for time in excess of the aforementioned four (4) days.

   ARTICLE XIII
SERVICE-CONNECTED SICKNESS, INJURY OR DISABILITY LEAVE
A. Employees covered under this Agreement will be paid their regular straight time rate of pay minus the temporary disability benefits provided by Workers' Compensation Insurance for a period not in excess of fifty-two (52) weeks for each new and separate service-connected sickness, injury or disability, commencing on the first day of any such service-connected injury or disability (N.J.S.A. 40:11-9).
B. Self-inflicted injuries resulting from gross negligence or those service-connected injuries or disabilities resulting from gross negligence shall not be covered by the provisions of this Section.
C. Unless otherwise approved by the Township Administrator, whose decision shall not be subject to the grievance procedure, any employee who accepts outside employment during the periods of service-connected sickness, injury or disability leave may be deemed physically fit to return to duty and shall be subject to loss of service-connected sickness, injury and disability pay.
D. When such sickness, injury or disability leave is granted, the employee shall not be charged any sick leave time for such time lost due to such sickness, injury or disability.


E. Any employee who is injured while working, regardless of the severity of the injury, must make an injury report to the Chief of Police or the Officer in charge prior to the end of the employee's shift, or, if that is not possible, as soon thereafter as is possible.
F. It is understood that the employee must file an injury report so that the Township may file the appropriate Worker's Compensation Claim.  Failure to report said injury may result in the failure of the employee to receive compensation under this Article.
G. The employee shall be required to present evidence by a certificate of a physician designated by the insurance carrier or the Township that he is unable to work, and the Township may reasonably require the employee to present such certificate from time to time.
H. All care is coordinated between the Township, employee and the insurance company.  If an employee feels the doctor has not properly diagnosed the injury, he may request from the case manager that he be sent to another doctor.
I. In recognition of, and consistent with, FTPD General Order 2005-01, Temporary Light Duty Assignments, dated February 9, 2005, the following rights are granted officers when light-duty temporary assignments are granted in accordance with that order:

          1. Officers on light-duty shall work a four (4) day consecutive shift, but will be scheduled between Monday and Friday, during the hours consistent with FTPD office administrative work.  Consideration shall be made for prescheduled vacations that require the use of additional benefit time for days off, so that they would not need to use additional days beyond their scheduled benefit time.
          2. Consideration of the use of benefit days mentioned in Item 1 above shall be prescheduled time off, picked in the normal method at the beginning of the year. Should these days that were scheduled to be used not coincide with the required leave sought by the officer, they may apply to have those days reassigned to the appropriate days off, and shall not have to use additional benefit time.  The purpose of this article being so that the officer is not expending additional days due to a schedule change for light duty.  The officer shall submit evidence of planned absences, if appropriate, for the days to be considered for time off without using benefit time.  
          3. The Chief shall have the discretion to increase the number of light duty positions at his sole discretion.
            4. Light duty shall be granted to pregnant officers at their request for a physician verified pregnancy.

    ARTICLE XIV
    HOSPITALIZATION, DENTAL & LIFE INSURANCE
    HEALTH INSURANCE BENEFITS


    This Section applies to all employees and their eligible dependents.

        A. Phase-in Period

    1. This article constitutes completely bargained provisions that were negotiated using the original applicable sections of Chapter 78, P.L. 2011.

    2. This Article will apply to all aspects of medical care benefits, including prescription, dental, vision and hospitalization.  In conjunction with the Law, all participating members will be required to pay a premium contribution toward their health coverage, as it was originally established under Chapter 78, P.L 2011.  The contributions shall be made in accordance with the schedules presented in Appendix A of this Agreement, which details the percentage of premium (or equivalently assigned premium in the example of self-insurance) payable for various salary levels.

    3. This Article, as it relates to the employee premium contribution for medical, dental and prescription, shall be subject to repeal should any of the applicable provisions of Chapter 78, PL 2011 be overturned by a court of competent jurisdiction or the Legislature.  In such a case, the healthcare premium contribution will be based upon a percentage of healthcare premium, conforming to the table in Appendix B of this Agreement. The activation and adjusted contributions with respect to this clause shall be subject to the following specific rules:

        a. It must be legislation that specifically targets the
            Chapter 78 healthcare premium levels and sets new
            levels for contributions.
        b. The effective date of the legislation would be the
            starting point of this subsection, and Appendix A would be locked in for half of the period between the effective date of the legislation and the end of this agreement.
        c. After the “lock-in” period, the contribution amount     would be the amount specified in Appendix B, but in no instance would contributions be less than the       amounts in Appendix B.
          d. Retirees would be subject to the above as well,       using the adjusted chart in Article XIV, Section E.
            4. Should a member of the PBA bargaining unit not be enrolled in the Township Health Insurance, but elect to participate in the Dental Plan only, that employee will pay a percentage of the dental premium only in the same percentages detailed in Appendix A or B, whichever is applicable.

        B. Health Benefit Contribution Schedules

        The percent of the premium contribution for all employees will be multiplied by the total premium assigned to each employee and deducted from base salary, as set forth in Chapter 78, P.L. 2011.  For reference, the contribution schedules will be as detailed in the legislation as of the date of ratification of this contract.

        C. Plans

        Participating employees and their eligible dependents will be covered by one of the following available plans referred to by their common names in the Township:


          1. Horizon Blue Card PPO (PPO 04)(existing)

          2. Direct Access 8 PPO (New in 2022)

          3. Direct Access 06 PPO (existing)

          4. Direct Access 20/35 PPO (New in 2022)

          5. Direct Access EPO (existing EPO10)

          6. Prescription Drug Plan A (existing)

          7. Prescription Drug Plan B (existing)


        The employee may, in accordance with the Rules and Regulations of the insurance carrier, change from one plan to the other with the exceptions noted below:

        Officers hired before 1/1/17 are grandfathered into the Blue Card PPO (PPO 04) plan (Plan Number 1, above) if they choose to remain in that plan.  These officers may also select any other plan the Township offers or any additional plan that the Township may offer at a future time. These officers may enroll in either prescription plan, or any plans that the Township may offer at a future time. These officers retain the right to switch back to the Blue Card PPO Plan (PPO 04).

        Officers hired after 1/1/17 are permitted to choose any plan other than Blue Card PPO (PPO 04) listed above, or any additional plan that the Township may offer at a future time. These officers may only be enrolled in Prescription Plan B.

            D. Life Insurance

              The Township shall provide for each member of the Department the current group accidental death and disability coverage during this Agreement.  The aforementioned coverage will be $10,000.00.

            E. Retiree Benefits
        The Township shall provide a hospitalization program in retirement or disability retirement for employees, their spouse at the time of retirement, and all eligible children of the employee. Such benefit shall remain at the existing level or higher than that provided upon retirement or disability.

        Retirees will be required to pay a cost share of their medical benefits in retirement, with the exception of those officers who had at least 20 years of PFRS creditable service as of June 28, 2011 and those who retire under a disability pension.  Retirees shall pay in accordance with the following schedule:

        Coverage

            Family 6.00% of PFRS pension benefits
            Retiree & Spouse** 4.00% of PFRS pension benefits
            Retiree & Child 3.75% of PFRS pension benefits
            Single* 3.00% of PFRS pension benefits

            *Single Retirees that are over age 65 shall pay ten-percent (10%) less than the above referenced payments.

            **Retirees and Spouse, when they are both over age 65 shall pay 10 percent (10%) less than the above referenced payments.

        Consistent with Subsection A3 of this Article, any officer who retires under this Agreement shall pay the following reduced amount should a court of competent jurisdiction or the Legislature overturns the applicable provisions of Chapter 78, PL 2011 for the applicable coverage noted below:
            Family 3.90% of PFRS pension benefits
            Retiree & Spouse** 2.60% of PFRS pension benefits
            Retiree & Child 2.40% of PFRS pension benefits
            Single* 2.00% of PFRS pension benefits

            *Single Retirees that are over age 65 shall pay ten-percent (10%) less than the above referenced payments.

            **Retirees and Spouse, when they are both over age 65 shall pay 10 percent (10%) less than the above referenced payments.

            F. Change in Benefits

        The Township may, at its option, change health benefit plans and carriers so long as substantially similar benefits are provided.  The Township will provide the SOA with at least thirty (30) days advance written notice along with a copy of the plan prior to implementing any change of plans or carriers.


        ARTICLE XV
        PENSION PLAN

        The Township shall continue to pay the Township's portion of the pension costs under the Police and Firemen's Retirement System of New Jersey.
        ARTICLE XVI
        SALARY
        Salary paid to officers under this agreement shall be paid in accordance with the Salary Guides set forth in Appendix C of this contract.
        Salaries will be paid semi-monthly on the 15th and 30th of each month.
        SALARIES SHALL BE PAID IN ACCORDANCE WITH APPENDIX C

        In addition to the applicable base salaries in the charts in Appendix C, officers in the SOA that were hired on or before January 1, 1997, shall receive an annual stipend of $750 added to their pensionable base salary as a bargained provision of longevity elimination.
        Lieutenants’ Salary Steps
        Referencing the Salary Guide in Appendix C, Lieutenants promoted from Sergeant shall receive a salary equal to half of the difference between the representative Sergeant’s salary for their respective position and degrees for one year from promotion and the Lieutenant’s position to which they are ultimately being promoted.  They shall receive the full salary on the chart after one full year after their promotion date.




        Sergeants’ Salary Steps
        Newly promoted Sergeants shall receive 92% of the respective Sergeant's salary for their position and education from their promotion date through December 31st of that year, then receive 96% of the respective Sergeant’s salary for the following calendar year.  Sergeants shall receive the full salary on the chart on January 1st of the subsequent year after their 96% step.  




        ARTICLE XVII
        ELIMINATION OF LONGEVITY

        In consideration of a previous negotiated agreement, Superior Officers shall not receive longevity payments or steps.  All payments for tenure or years of service are hereby eliminated.
        ARTICLE XVIII
        TUITION REIMBURSEMENT POLICY AND
        ELIMINATION OF COLLEGE INCENTIVE PAY STIPEND

            Credit will be provided, by way of the salary guide listed in Appendix C, for officers who receive Bachelor’s and Master’s Degrees in coursework approved by the Township:
        A. Courses must lead to a Baccalaureate
        Degree in Police Science, Criminal Justice or a
                related field as determined in the sole discretion of the Township Administrator.
            B. Courses must have been satisfactorily completed with a minimum of one (1) grade point (or equivalent) per credit hour.
            C. Payment will be provided as detailed in the salary guide for the respective degrees.  Patrick Fallon,($810) will continue to receive his current respective CIP stipend added to their pensionable base salary, until such time as they complete their degree, at which time they will be compensated according to the salary guide in Appendix C for the appropriate degree attained.
            D. Degrees must be certified by the Dean or Registrar's Office of the college as to course and program with an official transcript.

            E. Officers may produce proof of degrees that have been previously achieved, regardless of their date of acquisition, but no retroactive salary will be paid.
        Reimbursement of tuition will be provided under the following guidelines:
            F. Tuition Reimbursement shall be limited to nine (9) credits per calendar year for undergraduate coursework and six (6) credits per calendar year for graduate coursework.
            G. Eligibility - The following are threshold prerequisites for being considered for the Tuition Reimbursement Program.  
            1. Employee eligibility: Regular full-time employee; At lease six (6) months service as a regular full-time employee; Course completion with a grade of “C” or better.
            2. Course eligibility: completed not less than one year after employee’s date of employment; taken at an accredited institution; to be completed outside of working hours; approved by department head and  Township Administrator; required in matriculation for an associate’s, bachelor’s or master’s degree in a job related field; not reimbursable under veterans educational benefit program or any other reimbursement program available to the employee.
            3. Management approvals: In addition to satisfying the eligibility requirements herein, the following procedures are required before reimbursement will be made: Employee must submit a plan of goals and objectives for approval by his/her department head and by the Township Administrator.   The plan must demonstrate that the proposed course is an integral part thereof; Department head must review and approve the plan and objectives as well as the proposed course and course load; Township Administrator must review and approve the educational institution, the plan of goals and objectives, the proposed course and course load.   In making his decision, the Township Administrator shall consider, among other things, the employee’s absentee rate and reason therefor, the number of courses taken and whether or not job performance may be adversely affected thereby.
            4. Reimbursement amount - The following items of expense shall be eligible for reimbursement under the Tuition.
            a. Reimbursement Program: Tuition which will be reimbursement at half of a rate equal to the average tuition rate of New Jersey universities, or $250 per credit for undergraduate and $450 per credit for post-graduate, whichever is less.  The average tuition rate shall be determined by contacting not less than four (4) accredited New Jersey State Universities not later than August 1 of each year.  The Township reimbursement rate shall be the average of the tuition rates of the schools contacted. The following will also be reimbursed at half the following rates:  Registration fee not to exceed $200; Laboratory fees not to exceed $200; Graduation fees not to exceed $200; Required books, which reimbursement shall not exceed $50.00 per course.
               b. The following current members of the SOA have proven that they are registered in a degree program as of 1/1/22, and will be reimbursed in full according to the previous agreement for tuition reimbursement when they started their degree program.  The officers are Larry Loos, Frank Mount, Rich Hudak, and James Burdge.
            5. The unreimbursed portion of the per credit tuition expense may be, at the officer’s option, be reimbursed by the Township at the time of passing the course and paid back to the Township through a payroll deduction over the course of the next twenty-four (24) pay periods.
            a. Written Agreement: No reimbursement shall be made until the employee has executed an agreement which acknowledges the employee’s review and familiarity with this section, the conditions of the reimbursement program and agrees to refund any such reimbursement to the Township if any of the following occur: Any condition set forth in this section is violated; Employee resigns from employment before completion of course; Employee fails to complete course satisfactorily with a grade “C” or better; Employee is discharged for cause from employment with the Township; Employee resigns or otherwise discontinues his/her employment with the Township within two (2) years of
            receiving a certification or degree for which some or all of the course requirements were reimbursed by the Township to the employee, subject to a ten (10) year period of lookback for credits to be refunded.
            ARTICLE XIX
            DETECTIVE BUREAU
        A. A Sergeant or Lieutenant assigned to the Investigation Division on a full-time basis as a Detective shall receive annual compensation as noted in the salary guides Appendix C.
        The Detective salary is to be paid upon the length of time in the calendar year permanently assigned to the Detective Bureau and such payment will be pro-rated accordingly for each year.
        B.  Detectives may be issued minimum uniform as determined by the Chief of Police which will be maintained at Township expense.  Non-uniformed clothing must be purchased and maintained at the sole expense of the Detective, compensated hereunder. In addition, Detectives shall maintain their own personal cell phone, to be used for official business.
        C.   A Detective who has been assigned to stand-by will receive one hour compensatory time at the rate of straight time for each such day assigned to stand-by for Monday through Friday, and two (2) hours of compensatory time for Saturdays, Sundays and contractual holidays.  This time is in addition to any overtime that a Detective may receive for being called in while on stand-by.   A Detective that is on call for one of the recognized Contractual holidays will receive one additional hour of compensatory time for that on call day.

            D. Temporary Assignment
         1.  Temporary assignment to the Investigation Division will be for a period of up to approximately six (6) months.
         2.  Police Officers temporarily assigned to the Investigation Division will:
                    a. work in plain clothes;
                    b. not be entitled to nor receive a Detective salary;
                    c. not be subject to call-in.
            E. Removal from the Bureau
        Assignments to the Detective Bureau are at the sole discretion of the Chief of Police.  Accordingly, a Detective may be removed from the Bureau by the Chief of Police.  A Detective, who, upon removal from the Bureau, who has 8 consecutive years assigned to the Detective Bureau and 15 years of Police Service with the Department, shall maintain their Detective portion of their base salary, unless he is removed for sustained disciplinary reasons. This benefit will not apply to those officers who request reassignment or receive a Civil Service promotion outside of the Detective Bureau.  
        F. All Detectives shall be issued a smart phone by the Department to be used as the primary number while off duty.  A Detective may use all features of the Department issued smart phone for normal usage both on and off-duty, including incidental personal use.

        ARTICLE XX
        NO-STRIKE PLEDGE

        A. The SOA covenants and agrees that during the term of this Agreement neither the SOA 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 concerted willful absence of a Superior Officer from his duties of employment), work stoppage, slowdown, walk-out or other job action against the Township.  The SOA agrees that such action would constitute a material breach of this Agreement.
        B. In the event of a strike, slowdown, walk-out or job action, it is covenanted and agreed that participation in any such activity by any SOA member shall be deemed grounds for disciplinary action including possible termination of employment of such employee or employees.
        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, or both, in the event of such breach by the SOA or it members.

        ARTICLE XXI
        NON-DISCRIMINATION PLEDGE

        A. The Township and the SOA agree that there shall be no discrimination against any employee because of race, creed, color, religion, sex, national origin or political affiliation.
        B. The Township and the SOA agree that all employees covered under this Agreement have the right without fear of penalty or reprisal to form, join and assist any employee organization or refrain from any such activity.  There shall be no discrimination by the Township and/or the SOA against any employee because of the employee's membership or non-membership or activity in the SOA.
             ARTICLE XXII
        SOA LEAVE TIME
        A. For the purposes of conducting SOA business, there shall be six (6) days of SOA leave time for the SOA president and three (3) days for the SOA vice president for official SOA business as approved by the Chief of Police.
        B. The SOA may appoint an alternate designee to act in the absence of the regular President or Vice President.  The selection of an alternate designee is subject to 24-hour notice to the Chief of Police.
          C. Any out-of-pocket expenses incurred by SOA business
        shall be paid for by either the SOA member individually or by the SOA.
        D. The leave time set forth herein is in addition to any statutory convention leave time.
        E. In the two (2) years prior to contract expiration, the Township shall permit two (2) SOA members selected by the SOA President to attend the annual State PBA Collective Bargaining Seminar without loss of pay.  In addition to the two (2) members selected by the SOA President, the SOA President and SOA Vice President may elect to attend the Seminar by using the SOA leave set forth in Section A, above.  Attendance shall be divided between the two years prior to expiration, and the scheduling shall not be dependent on whether or not the officer’s absence requires overtime to fill their shift.
        ARTICLE XXIII
        SEPARABILITY 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 other provisions shall not be affected thereby and shall continue in full force and effect.
        B. If any such provision is declared invalid by operation of law, parties to this Agreement will forthright entertain renegotiations on the invalid provisions.

        ARTICLE XXIV
        FULLY BARGAINED PROVISIONS

        A. 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 terms of this Agreement, neither party will be required to negotiate with respect to any such matter whether or not covered by this Agreement, and whether or not within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement.
        B. This Agreement shall not be modified in whole or in part by the parties except by an instrument in writing only executed by both parties.
           ARTICLE XXV
        CHECKOFF

           1. The Township agrees to deduct PBA dues from the salaries of its employees, subject to this Agreement.  Such deductions shall be made in compliance with N.J.S.A. 52:14-15.9e, and N.J.S.A. 34:13A-5.5 and N.J.S.A. 34:13A-5.6 regarding the payment of any representation fee.  
           2. Upon receiving the written voluntary authorization and assignment of the employee covered by this agreement (in the form agreed upon between the Township and the SOA and consistent with applicable statutes, regulations and procedures) in such amounts as shall be fixed pursuant to the By-Laws and Constitution of the SOA during the full term of this agreement and any extension or renewal thereof, the Township shall promptly remit quarterly any and all amounts so deducted with a list of such deductions to the Secretary-Treasurer of the PBA.  
            3. If, during the life of this agreement, there shall be any change in the rate of membership dues, the SOA shall furnish to the Township written notice thirty (30) days prior to the effective date of such change.  
             ARTICLE XXVI
        REPRESENTATION FEE
         
           1. Purpose of Fee:  If a member of this bargaining unit does not become a member of the PBA during any membership year which is covered by this Agreement, in whole or in part, said employee will be required to pay a representation fee to this PBA for that membership year.  The purpose of this fee will be to offset the employee’s per capita cost of services rendered by this PBA as majority representative.  
           2. Amount of fee.  
            a. Notification: Prior to the beginning of each membership year, the PBA will notify the Township Administrator in writing of the amount of regular membership dues, initiation fees and assessments charged by PBA to its own members for the membership year.  The representation fee to be paid by a non-member will be equal to 85% of the total amount.  
            b. Legal Maximum: In order to adequately offset the per capita cost of services rendered by the PBA as Majority representative, the representation fee should be equal in amount to the regular membership dues, initiation fees and assessments charges by the PBA to its own members, and the representation fee has been set at 85% of that amount solely because that is the maximum presently allowed by law.  If the law is changed in this regard, the amount of representation fee automatically will be increased to the maximum allowed, said increase to become effective as of the beginning of the PBA membership year immediately following the effective date of the change.  Should the maximum amount be decreased by law, the PBA would have the final say as to whether or not to implement the fee or remove the article.  
            3. Deduction and Transmission of Fee
              a. Notification: Once during each membership year covered in whole or in part by this Agreement, the PBA will submit to the Township Administrator a list of those employees who have not become members of the PBA for the current membership year.  The Township will deduct from the salaries of such employees, in accordance with paragraph two (2) below, the full amount of representation fee and promptly will transmit the amount so deducted to the SOA.  
             b. Payroll Deduction Schedule: The Township will deduct the representation fee in equal installments, as nearly as possible, from the paychecks paid to each employee on the aforementioned non-member list during the remainder of the membership year in question.  The deductions will begin with the first paycheck paid: Ten (10) days after receipt of the aforementioned non-member list by the Township Administrator; or Thirty (30) days after the employee begins his or her employment in the bargaining unit position, unless the employee previously served in a non-bargaining unit position and then became covered by this Agreement or was laid off, in which event the deduction will begin with the first paycheck paid to said employee after the resumption of the employees’ employment in a bargaining unit position.  
             c. Termination of Employment: If an employee who is required to pay a representation fee terminates his/her employment for any reason or cause before the PBA has received the full amount of the representation fee to which it is entitled under this Agreement the Township will deduct the unpaid portion of the fee from the last paycheck paid to said employee during the membership year in question.  
             d. Mechanics: Except as otherwise provided in this Article, the mechanics for the deduction of representation fees and the transmission of such fees to the PBA will, as nearly as possible, be the same as those used for the deduction and transmission of regular membership dues.  The Township will, however, indicate in those records transmitted to the PBA which monies are from dues and which monies are receipts from the representation fee.
             e. Changes: The PBA will notify the Township Administrator in writing of any changes in the list of non-members provided for in paragraph one (1) above and/or the amount of the representation fee, and such changes will be reflected in any deduction made more than ten (10) days after the Township Administrator received said notification.
             f. New Employees: On or about the last day of each month, beginning with the month this Agreement becomes effective, the Township will submit to the PBA a list of all new employees who began their employment in a bargaining unit position during the proceeding thirty (30) day period.  The list will include names, job titles, and dates of employment for all such employees.  
             4. The PBA 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 and submitted by the PBA to the Township or in reliance upon the official notification on the letterhead of the Association and signed by the President of the PBA advising of such charged deduction.


        ARTICLE XXVII
        TERM AND RENEWAL
        This Agreement shall be in full force and effect as of January 1, 2022 and shall remain in effect to and including December 31, 2025, without any reopening date. This Agreement shall continue in full force and effect from year to year thereafter, unless one party or the other gives notice, in writing, at least ninety (90) days prior to the expiration date of this Agreement of a desire to change, modify, or terminate this Agreement. The Association shall submit a copy of its entire proposal to the Township by September 1, 2025. The Township shall, within thirty (30) days after receipt of the Association’s proposals, submit a copy of its proposals to the Association. The economic terms of this Agreement, including salaries, benefits, increases and fringe benefit changes shall apply effective January 1, 2022, only for employees on the Township’s payroll as of the date of the signing of this Agreement or who retired according to normal retirement or disability retirement under the Police and Firemen’s Retirement System since January 1, 2022.
        IN WITNESS WHEREOF, the parties have hereunto set their hands and seals at Freehold Township, New Jersey on this _______ day of ________________, 2022.

        FREEHOLD TOWNSHIP  FREEHOLD TOWNSHIP
        SUPERIOR OFFICERS ASSOCIATION  MONMOUTH COUNTY, NEW JERSEY


        By: _______________________  By: ___________________________
            JOHN TODD, PRESIDENT      PETER R. VALESI
                 TOWNSHIP ADMINISTRATOR



        ATTEST:       ATTEST:



        ___________________________  By: __________________________                                       SANABEL ABOUZEINA
                                            TOWNSHIP CLERK

        APPENDIX A
        CONTRIBUTION CHART FOR OFFICERS WHILE EMPLOYED BY THE TOWNSHIP




        APPENDIX B

        This section references healthcare cost sharing to be used if the provision in Article XIV, Section 3 is invoked by a Court ruling or legislation that overturns the applicable provisions of Chapter 78. P.L. 2011 that have been fully bargained as part of this contract. In that event, the following contribution schedules shall replace the corresponding tables in this contract.

        The amounts shall be based upon full pensionable salary for the employee, while employed, and shall be based upon their pension benefit amount after an eligible retirement as referenced in this contract.


        APPENDIX C





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