1
Agreement
Between
The Town of Boonton
And
The Superior Officers Association
Of Boonton Chapter #212
New Jersey State Policeman’s Benevolent Association
January 1, 2006 through December 31, 2008
TABLE OF CONTENTS
PAGE
Cover Page 1
Table of Contents 2
Preamble 3
Salaries 4
Longevity 5
Vacations/Holidays 6
Overtime 7 & 8
Sick Leave 9 & 10
Terminal Leave 11 & 12
Bereavement Leave 13
Uniform Allowance 13
Police School, College Credits Transportation 14
Medical Insurance 15
Dental Insurance 15
Injury in Line of Duty 16
False Arrest Insurance 16
Grievance Procedure 16, 17, 18
Minor Discipline Appeals 19, 20,
Death Benefits 21
Seniority 21
PBA Convention 21
Private Contract 21
Accident Reports 22
Shift Staffing 22
Fully Bargained Provisions 22
Savings Clause 22
Duration 23
Preamble
Agreement entered unto this 12th day of December 2005 by and between
Mayor and Board of Alderman of the Town of Boonton, a Municipal
Corporation of the State of New Jersey, with offices at 100 Washington
Street, Boonton, New Jersey, ( herein after referred to as the “Town” ) and
The Superior Officers Association of Boonton Chapter Local Number 212
of the New Jersey State Policeman’s Benevolent Association, ( herein after
referred to as the “ SOA”).
Whereas, the SOA has been recognized by the Town as the exclusive
representative of the officers of the rank of Sergeant and above, excluding the
Chief of Police, for the purpose of conducting collective negotiations in
accordance with the New Jersey Public Employment Act ( N.J.S.A. 34:13A-1,et
seq .) and
Whereas, negotiations between the Town and the SOA have been conducted respecting the terms and conditions of employment, and
Whereas, Agreement has been reached by both parties,
Now, Therefore, in consideration of the mutual promises and covenants herein
contained, it is mutually agreed by and between the parties as follows:
Salaries
1. Each officer covered by this Agreement shall receive an increase in
salary compensation of four point zero per cent (4.0%) effective
January 1 2006, an increase of three point seven five per cent (3.75%)
effective January 1 2007, and an increase of three point seven five per cent
(3.75%) effective January 1 2008, and shall be paid in accordance with the
schedule set forth below:
Captain
1/1/2006 1/1/2007 1/1/2008
$94,896.00 $98,455.00 $102,147.00
Includes a ten per cent ( 10%) differential between the top Lieutenant step and the Captain salary.
Lieutenants
1/1/2006 1/1/2007 1/1/2008
1st Year in Rank $82,347.00 $85,435.00 $88,639.00
2nd Year in Rank $86,269.00 $89,504.00 $92,860.00
Includes a ten per cent (10%) differential between the Top Sergeants step and the
Lieutenants salary.
Sergeants
1/1/2006 1/1/2007 1/1/2008
1st Year in Rank $74,502.00 $77,296.00 $80,195.00
2ndYear in Rank $75,801.00 $78,644.00 $81,593.00
3rd Year in Rank $77,115.00 $80,007.00 $83,007.00
4th Year in Rank $78,426.00 $81,367.00 $84,418.00
Includes a ten per cent (10%) differential between the Top Patrolman’s step and the top Sergeants salary.
2. Salary increments for all officers promoted will be paid on the anniversary date of promotion.
3. Employees will be compensated for a meal period of thirty (30) minutes while on duty.
1. In addition to the salary guide, employees on the Town’s payroll at time of
ratification of this Agreement shall be entitled to longevity payments paid on a calendar year basis in accordance with the following schedule:
1 to 3 years None
Beginning of 4 through 7 years 2 % of Base Pay
Beginning of 8 through 11 years 3 % of Base Pay
Beginning of 12 through 15 years 4 % of Base Pay
Beginning of 16 through 19 years 6 % of Base Pay
20 years and thereafter 7 % of Base Pay
2. All employees hired after January 1, 1994 shall receive longevity based on their anniversary date of employment in accordance with the aforementioned schedule.
3. Longevity payments shall be made part of base pay and paid together with regular
salary and shall be included for purposes of retirement contributions and effective April 15, 1986 for overtime calculations, but shall not be included in base pay for any other purpose.
4. All employees hired after January 1, 1997 shall receive longevity payments according to the following schedule:
1 to 3 years None
Beginning of 4 through 7 years $300.00
Beginning of 8 through 11 years $450.00
Beginning of 12 through 15 years $750.00
Beginning of 16 through 19 years $1,000.00
20 years and thereafter $1,500.00
Vacations
1. Employees shall be entitled to receive the following number of paid vacations hours during the calendar year. Commencing on January 1st succeeding the employee’s date of hire ( second year of employment) vacation shall be calculated as follows:
Commencing 2nd year 96 hours
Commencing 5th year 120 hours
Commencing 10th year 160 hours
Commencing 15th year and thereafter 200 hours
2. In the event an employee is unable to utilize his/her vacation entitlement
During the calendar year, he/she shall be permitted to carry such unused hours for a period of one (1) year. If such hours remain unused after two years (2) duration, employees will be compensated for all unused hours only if the reason for non-use of the vacation periods results from the suspension of vacation periods by the Chief of Police or Mayor and Board of Alderman for emergency reasons. Vacations shall first be approved by the Chief of Police.
Holidays
1. Each police officer shall receive not less than one hundred and four(104) paid
Holiday hours per calendar year for which they shall receive compensation at double time (2X) for each hour. In the event a police officer shall work on any of these days set forth as paid holidays, he/she shall receive additional compensation at the rate of straight time. In the event the State or Town shall declare or create holidays in excess of those set forth within this Agreement, employees covered by this Agreement shall be granted such holidays without the need for further negotiations. For the purpose of this section, the early closing of one or more offices or departments of the Town, shall not be considered a Town “holiday”.
2. Effective January 1st, 1982 holiday pay shall be included for purposes of
Retirement contributions and, effective April 15th 1986 overtime calculations, but shall not be included in base pay for any other purpose.
Overtime
A. Payment of overtime compensation shall be pursuant to the Fair Labor Standards
1. Overtime compensation shall be paid at the rate of time and one half the regular rate of pay for all hours worked in excess of 171 hours in a 28-day work period unless otherwise provided for in this Agreement.
2. Employees shall be compensated at straight time for all hours worked up to 171 hours in a 28-day work period except as otherwise provided for in this Agreement.
3. Officers covered by this Agreement who elect to take compensatory time, in lieu of cash payment for overtime hours worked, shall be compensated at the rate of time and one half irregardless of whether the officer has worked less than 171 hours in a 28-day work period.
4. For retirement purposes compensatory hours will be limited to 200 hours for all officers covered by this Agreement.
5. For retirement purposes officers covered by this Agreement will not be permitted to cash in any unused compensatory hours for a cash payment.
6. Officers who elect to take compensatory time off during the 28-day work period will not have those hours deducted from any overtime hours worked in the 28-day work cycle in which the officer has elected to take cash in lieu of compensatory time.
7. In the event an officer is required and or ordered to work on a special duty assignment which begins after the officer’s scheduled shift has ended the officer will be granted four (4) hours of overtime and then hour for hour after four hours.
8. In the event an officer is required and or ordered to remain on duty to complete an assignment investigation, etc., which occurred during the officer’s scheduled shift the officer will be compensated on an hour for hour basis.
9. When it is not possible to schedule appearances in Municipal Court or conferences with the Municipal Prosecutor during periods when the officer is on duty, the officer shall receive compensation for a minimum of two (2) hours if such attendance is required during off duty hours, and a minimum of three (3) hours if such appearance is required on an officer’s day off. If such appearance or conference extends beyond the minimum compensation period, the officer shall receive compensation for such additional time on an hour for hour basis, and shall be compensated for such additional time in minimum segments of one (1) hour. Thus, if the appearance or conference extends for two (2) hours and ten (10) minutes the officer shall be entitled to be paid three (3) hours.
10. If the unavailability of the officer is the reason that the preparation or appearance cannot be scheduled during duty hours, no minimum compensation shall be provided. In such cases, the officer will be compensated on an hour for hour basis.
11. Payment for officers who are required to appear before any Grand Jury, County, Superior, or Supreme Court proceedings during off duty hours, shall be governed by the provisions of N.J.S.A. 40A:14-135.
12. For the purpose of method of payment, officers shall have the right to elect either cash or compensatory time off. Compensatory time shall be scheduled at such time as requested by the officer, provided however, that the shift can be covered by other officers and that the consent of the Shift Commander , or other appropriate administrative personnel has been obtained.
13. Regular police officers shall be first offered the opportunity to work available overtime before special police officers are contacted.
Sick Leave
1. All officers covered by this agreement shall receive one hundred and twenty (120) hours of sick leave for each calendar year of service. Sick leave is defined as absence from duty because of illness,accident, or exposure to contagious disease. Entitlement to sick leave is accumulated on the basis of ten (10) hours per month.
2. If an officer qualifies for sick leave in excess of the number of hours he/she has accrued in a calendar year, he/she shall be allowed sick leave for only that time he/she has thus far accumulated provided, however, that the unused sick leave which he/she may subsequently earn during that calendar year shall be retroactively credited so that he/she shall receive full entitlement of one hundred twenty (120) hours of sick leave.
3. An officer who shall be on sick leave for three (3) or more consecutive absences or who has been frequently absent on or after weekends, holidays, or vacations, may be required to submit acceptable medical evidence to substantiate the reason for such claim of sick leave
4. Sick leave shall be deducted on an hour for hour basis.
5. The Town shall have the right to require an officer who has been absent because of personal illness to submit to an examination by a physician designated by the Town and at it’s expense. Such examination shall establish whether the officer is capable of performing his/her normal duties and that his/her health will not jeopardize the health or safety of other employees.
6. All unused sick leave not used in any calendar year shall accumulate from year to year to be used when and if needed by the officer.
7. Upon retirement, an officer shall be compensated for unused accumulated sick leave according to the following schedule:
8. Thirty Dollars ($30.00) per day for all accumulated sick leave earned up to December 31st 1982.
9. Forty Dollars ($40.00) per day for all accumulated sick leave earned starting January 1st 1983.
10. Any police officer hired after January 1st, 1983 shall be reimbursed for accumulated sick leave at the rate of Forty Dollars ($40.00) per day up to a maximum of two hundred (200) days.
11. In the event of the death of an officer in the line of duty, said payments shall be made to his/her estate.
Terminal Leave
Policy: The New Jersey Department of the Treasury, Division of Pensions, has directed in connection with the payment of “Terminal Leave” at retirement that the manner and the items to be included in the payment of terminal leave are to be stated in a declared policy to assure that the policy is applied consistently to all employee-members of the State Retirement System.
Employees who retire from the service with the Town of Boonton,after 25 years of service with the Town, shall be entitled to receive a retirement contract which will include any provisions for terminal leave.
Terminal Leave shall be defined as that time between the date the employee stops reporting for work and the employees effective date of retirement. Terminal Leave involves using up of accumulated sick leave, vacation leave, and compensatory time prior to the effective date of retirement.
Procedure: An employee who is contemplating retirement shall notify his/her immediate supervisor or the Department Head and the Town Administrator no less than three (3) months prior to the date of retirement. At such time , the employee shall be entitled to enter into a retirement contract with the Town that will include the following provisions for terminal leave:
A. An employee can stop working for the Town (stop reporting for work) a length of time prior to his/her official retirement date during which time said employee will be using up any accumulated sick leave, vacation leave, and compensatory time.
B. In return for being granted terminal leave, said employee shall reimburse the Town or give back the following:
C. The number of hours equal to one third (1/3) of the total terminal leave being taken. These hours will be subtracted from the employees total accumulated sick, vacation, and compensatory time, subtracting first from the accumulated vacation time, then from the accumulated compensatory time, and lastly from the accumulated sick leave.
For Example:
Employee has 1600 Sick Hours Accumulated
160 Vacation Hours Accumulated
40 Compensatory hours Accumulated
1,800 Total Accumulated Hours
Employee will be utilizing a total of 720 hours as terminal leave.
Employee must therefore give back to the Town one third(1/3) of the total hours taken.
720 hours X 1/3= 240 Hours
These 240 hours will subtracted from the employee’s total accumulated hours as follows:
240 give back hours
-160 Vacation Hours
___________________
80
-40 Compensatory hours
___________________
40
-40 Sick Hours
___________________
0
Employees 720 terminal leave hours will then be subtracted or used from the remaining 1,560 accumulated sick hours,leaving 840 hours to be paid in accordance with contractual agreements in a lump sum payment. The time of said lump payment will be agreed upon between the employee and the Town.
D. Any police officer hired after January 1st 2000 will be permitted to use a maximum of only eight hundred ninety-six (896) hours of accumulated vacation, sick, and compensatory hours towards terminal leave.
E. Any police officer hired after January 1st 2003 will be permitted to use a maximum of eight hundred forty (840) hours of accumulated vacation, sick and compensatory hours towards terminal leave.
Bereavement Leave
In the event of a death of a member of the police officer’s family, he/she shall be granted three (3) days off with no loss in pay. Family shall be defined as spouse, father, mother, grandparents, son, daughter,brother,sister,father-in-law, mother-in-law, son-in-law, daughter-in-law. Such days shall be non-cumulative and not considered as part of sick leave entitlement.
For the death of a grandchild, uncle, aunt, nephew, niece, brother-in-law, sister-in-law, cousin of the first degree, the day of burial only shall be granted without loss of pay.
Exceptions to this provision may be made at the discretion of the Chief of Police in consultation with the Town Administrator
Uniform and Maintenance Allowance
1. For the duration of this agreement, each police officer covered by this Agreement shall receive an annual uniform and maintenance allowances to be used for the purchase of replacement equipment and for the maintenance of uniforms. For the uniform allowance, each officer shall have the right to select such items of clothing as he/she deems necessary and payment will be made upon submission of a voucher from the appropriate supplier of the items purchased. Said allowance shall be fixed according to the schedule below:
2006 2007 2008
$1,000.00 $1,025.00 $1,050.00
2. The maintenance allowance of the uniform/maintenance allowance will be paid by a separate check that will be issued between the second and third regularly scheduled meeting of the Board of Alderman. Vouchers for payment are to be prepared by the Boonton Police Secretary, in a timely fashion, delivered to the Town Treasure, and paid as set forth below:
2006 2007 2008
$400.00 $425.00 $450.00
Officers hired after January 1st, 2003 shall receive a uniform allowance according to the following schedule:
Years of Service 0-5 6-10 Over 10
Allowance $1,000.00 $650.00 $425.00
Uniforms and equipment damaged in the line of duty will be replaced by the Town without cost to the officer.
3. Personal items damaged in the line of duty shall be reimbursed to the employee up to a maximum of Fifty Dollars($50.00) per year. Such payments shall be limited to watch, ring, wallet, pen and pencil. Eyeglasses if broken or damaged in the line of duty will be replaced on a dollar for dollar basis, provided, however, the Town shall not be obligated to make such payments in the event an employee should elect to make an insurance claim through private sources.
Police School
Compensation at the rate of straight time to officers attending Police School during period of attendance.
Reimbursement for expenses incurred while attending Police School, including clothing, travel expenses, lodging, meals, equipment, and books upon approval by the Chief of Police.
Reimbursement at the I.R.S. prevailing rates per mile for travel to and from Police School.
The Town shall bear all expenses incurred for employees who attend special seminars and schooling for specialized courses, such as alcotest training, narcotics, accident investigations, or similar type courses.
College Credits
Reimbursement for cost of books required for law enforcement related courses leading to a degree or certification in law enforcement at an accredited institution of learning.
Transportation Expenses
Reimbursement at the I.R.S. prevailing rate per mile for traveling incidental to official police duties.
Medical Insurance
The employer herein agrees to furnish Hospital, Surgical, and Medical Expenses Benefits to all eligible employees and their dependents under the terms and conditions of the New Jersey State Health Benefits Program Act 52:14-17.25,ET SEQ.
The Town shall provide medical insurance coverage for officers and their dependents, for officers who retire after twenty five (25) years of service, or who become disabled, which disability causes separation, provided however, that such coverage shall only continue until such time as an officer covered by this Agreement secures employment by an employer who has provision to provide medical insurance coverage.
In the event the Town should provide new or improved insurance benefits for its other employees and the wage and economic benefits provided said other employee exceeds the economic package, ( inclusive of wage and economic benefits) provided the S.O.A. in any year of this Agreement ( 2006 through 2008) then, employees covered by this Agreement shall be entitled to re-open negotiations with respect to the new or improved insurance benefits.
Maternity benefits are covered under the State Disability plan the same as any other illness.
Dental Insurance
The Town agrees to furnish at no cost to the employees covered by this Agreement, dental insurance coverage, under the provisions of Delta Dental Insurance Company Premier Plan coverage, subject to the following conditions:
1.Coverage by the town shall be for the employee only.
2.Employees wishing to enroll in family coverage shall be permitted to do so at the employee’s expense for the additional coverage.
3.Payment for family type coverage will be accomplished by means of payroll deductions.
Injury in the line of Duty
In the event that an officer is injured in the course of performing his/her duties as an officer, his/her absence will not be deducted from his/her sick time.
During such absence, the Town will pay said officer the difference between the benefits he/she has received from Worker’s Compensation payment or other similar disability benefits, at the wage rate he/she was earning at the time of his/her injury. If an officer shall be absent for such reason for a period of three (3) consecutive months, the Town shall have the right, at it’s own expense, to request the employee to submit to examination from time to time by a physician of its choice to verify the inability of said employee to perform his/her normal duties. The Town shall not be obligated to supplement disability payments for more than one (1) year.
False Arrest Insurance and Defense in Legal Proceedings
The Town shall continue to provide insurance to protect officers against liability resulting from claims of false arrest.
The responsibility of the Town for the defense in other actions or legal proceedings arising out of or incidental to the performance of an officer’s duties shall be set forth in N.J.S.A. 40A:14-155.
The Town will indemnify any officer to the extent of any judgment recovered against such officer as a result of his/her conduct while performing his/her duties provided, however that he/she acted in good faith and without malice.
Grievance Procedure
Definition: A “ grievance within the meaning of this procedure shall be defined as any difference or dispute between the Town and an employee covered by this Agreement with respect to the interpretation, application, or alleged violation of any of the provisions of this Agreement.
To provide for the expeditious and mutually satisfactory settlement of grievances which may arise with respect to the interpretation or application of this Agreement, the following procedure shall be followed:
Step One
An employee wishing to appeal a grievance shall first appeal the action to the Chief of Police. The Chief of Police shall render a written disposition of the appeal within five (5) working days of hearing the appeal.
In the event the employee is not satisfied with the disposition of his/her appeal in Step One, or if no decision has been rendered within five (5) workings days after presentation of the appeal, the employee may proceed to Step Two, which requires the employee to file a written notice with the Town Administrator, within three (3) working days from the disposition of Step One.
Step Two
The Town Administrator, upon receiving written notice from the employee appealing the disposition of Step One, shall meet with the employee within five (5) working days of receiving their appeal notice. The Town Administrator shall render a decision, in writing, within five (5) working days after the meeting.
In the event the employee is not satisfied with the disposition of his/her appeal at Step Two, or if no decision has been rendered within five (5) working days of presentation of the appeal. The employee may proceed to Step Three, which requires the employee to file a written notice with the Town Police Committee, within three (3) working days from the disposition of Step Two.
Step Three
The Town Police Committee upon receiving written notice from the employee appealing the disposition of Step Two, shall meet with the employee within ten (10) working days of receiving the appeal notice. The Town Police Committee shall render a decision, in writing, within five (5) working days after the meeting. In the event the employee is not satisfied with the disposition of his/her appeal at Step Three, or if no decision has been rendered within five (5) working days after presentation of the appeal the employee may proceed to Step Four, which requires the employee to file a written notice with the Mayor and Board of Aldermen, within three (3) working days, from the disposition of Step Three.
Step Four
The Mayor and Board of Aldermen upon receiving written notice from the employee appealing the decision in Step Three, shall meet with the employee within ten (10) working days of receiving the appeal notice. The Mayor and Board of Aldermen shall render a decision, in writing, within five (5) working days after the meeting.
Step Five
If the aggrieved employee is not satisfied with the disposition of the grievance in Step Four or if no decision has been rendered within ten (10) working days after holding such meeting, the matter may be refereed by the S.O.A. to arbitration or remedies provided by the Civil Service Act. In such instances, the aggrieved employee and S.O.A. will be required to make an election of remedies in writing waiving one or the other remedy available. Referral to arbitration or Civil Service shall be made within twenty (20) days of the receipt of the written decision or from the date said decision would be due.
In the event of arbitration being elected, an arbitrator shall be selected by the parties from a panel of proposed arbitrators obtained from the New Jersey State Mediation and Conciliation Service pursuant to it procedures and rules then pertaining. The decision of the arbitrator shall be final and binding upon the parties with the cost of arbitration to be borne equally by both parties. The arbitrator shall have the power to interpret and apply this Agreement but shall have no power to enlarge upon or reduce the obligation of both parties. The costs of the arbitrator shall be borne equally by the parties and any additional expenses shall be borne by the parties themselves. If the appeal to arbitration or NJ Department of Personnel is not taken within the aforesaid times periods, the decision rendered in Step Three will be deemed final and binding.
The time limits specified in the Grievance Procedure shall be construed as maximum. However, these may be extended upon mutual agreement between the parties.
No meeting where under any steps of the procedure shall be public unless the parties mutually agree to so, in writing.
Any employee may be represented by himself or a representative selected and approved by the S.O.A.
It is understood that the employee shall, during and notwithstanding the pendancy of any grievance, continue to observe all assignments and applicable rules and regulations.
Appeals Process for Minor Discipline
Definition- In accordance with Title 4A of the New Jersey Administrative Code minor discipline is:
A formal written reprimand
A suspension or fine of 40 hours or less
A written performance notice, written oral reprimand, or written reprimand are not considered discipline according to Title 4A and, shall have no mechanism for appeal.
4A:2-3.1(d) Authorizes the appointing authority to establish procedures for processing minor discipline.
The following will be the appeal process for employees covered by this Agreement who are facing disciplinary action:
Step One
An employee wishing to appeal minor disciplinary actions, shall first appeal the action to the Chief of Police. The Chief of Police shall render a written disposition of the appeal within five (5) working days of hearing the appeal.
In the event the employee is not satisfied with the disposition of his/her appeal at Step One,or if no decision has been rendered within five (5) working days after the presentation of the appeal, or the discipline has resulted in a monetary loss of pay and or suspension the employee may proceed to Step Two, which requires the employee to file a written notice with the Town Administrator, within three (3) working days from the disposition in Step One.
The Chief’s decision on formal written reprimands, written performance notices and written oral reprimands is final.
Step Two
The Town Administrator , upon receiving written notice from the employee appealing the disposition of Step One, shall meet with the employee within five (5) working days of receiving the appeal notice. The Town Administrator shall render a decision, in writing, within five (5) working days after the meeting.
In the event the employee is not satisfied with the disposition of his/her appeal at Step Two, or if no decision has been rendered within five (5) working days after presentation of the appeal, the employee may proceed to Step Three, which requires the employee to file written notice with the Town Police Committee within three (3) workings days from the disposition of Step Two.
Step Three
The Town Police Committee upon receiving written notice from the employee appealing the disposition of Step Two shall meet with the employee within ten (10) working days of receiving the appeal notice. The Town Police Committee shall render a decision, in writing, within five (5) working days after the meeting. In the event the employee is not satisfied with the disposition of his/her appeal at Step Three, or if no decision has been rendered within five (5) working days after presentation of the appeal, the employee may proceed to Step Four, which requires the employee to file a written notice with the Mayor and Board of Aldermen, within three (3) working days from the disposition of Step Three.
Step Four
The Mayor and Board of Aldermen upon receiving written notice from the employee appealing the disposition of Step Three shall meet with the employee within ten (10) working days of receiving the appeal notice. The Mayor and Board of Aldermen will render a decision, in writing, within five (5) working days after the meeting.
The decision of the Mayor and Board of Aldermen will be deemed final and binding in all matters of minor discipline action for employees covered by this Agreement.
The time limits specified in this appeals process shall be construed as maximum. However, these limits may be extended upon mutual agreement between the parties.
No meeting where under any steps of this appeals process shall be made public unless the parties agree to so in writing. However, one representative of the S.O.A. may attend the meetings at each step of the appeals process.
Any employee may be represented by himself/herself or a representative selected by the S.O.A.
It is understood that the employee shall, during and notwithstanding the pendancy of any appeal, continue to observe all assignments, applicable rules and regulations.
In matter of major discipline, the parties may mutually agree to waive the first three steps of this appeals process and proceed immediately to Step Four. Employees not satisfied with the decision at Step Four may appeal to the Department of Personnel according to the procedures set forth by Title 4A.
Death Benefits
Minimum death benefits of three and one half (3 ½) times salary as provided under the New Jersey State Employees Pension and Annuity Fund shall be provided by the Town.
In the event of the death of any member covered by this Agreement, the Town will continue to pay the members salary for the duration of the calendar year in which the member has died. Salary payment will be made to the beneficiary or executor of the estate.
Seniority
For the purpose of lay-off, recall from lay-off and vacation selection, seniority shall govern:
First by Job Classification
And then by Department
In the event of a lay-off, strict seniority within the job classification affected by the lay-off shall be followed. The least senior employee in that classification shall be permitted to bump into the next lower classification and said bumping process shall continue until the least senior employee of the Department shall be laid off. Recall from lay-off shall be in the inverse order of lay-off.
During a lay-off of regular superior officers, the Town shall not hire additional employees without first recalling laid off officers to work, nor shall any such work be contracted out.
P.B.A. Convention
In the event a member from the S.O.A. is elected to attend the P.B.A. Convention one (1) officer will be permitted to attend the Convention and will be compensated at the rate of full pay for the time spent at said Convention.
Compensation for Private Contract
Officers who are engaged for special duty assignments by private parties shall be compensated by said private parties at the rate of time and one half ( 1 1/2)
Accident Reports
All employees injured during the course of performance of his/her duties shall complete an accident report and submit it to his/her immediate supervisor at the earliest time he/she is able to do so.
Shift Staffing
It is hereby agreed by both parties that the staffing of a shift, a shift being defined as a tour of duty in a twenty four hour period, be at the sole discretion of the Chief of Police.
This provision does not prohibit the Town from hiring additional employee, i.e. superior officers dispatchers, for the purpose of increasing efficiency, services and protection for the community.
It is however, the opinion of the officers covered by this Agreement, that to provide proper police protection for the community and to insure the safety of officers, three officers per shift is required. However, this opinion is not binding on the parties . Staffing shall be at the sole discretion of the Chief of Police.
Fully Bargained Provisions
This Agreement represents and incorporates the compete and final understanding and settlement by the parties on all bargain able issues and shall govern all wages, rights and responsibilities of the parties which were or could have been subject of negotiations.
In recognition of the fact that all prior contracts between the parties contained a clause generally retaining all benefits currently enjoyed by the officers of the Boonton Police Department and that the attempt to specify set forth each benefit in this Agreement may result in the inadvertent omission of one or more of such benefits, the parties recognize that each shall have the opportunity to submit for the inclusion in this Agreement such prior practices as may have been omitted. Whether they may be considered as benefits of the officers or the Town. Such opportunity shall expire six (6) months after the date of this Agreement. In the event that either party shall dispute the inclusion of such additional provisions such dispute shall be submitted to arbitration for a determination as to whether the item offered for inclusion did, indeed exist as a past practice between the parties.
Savings Clause
In the event any Federal, or State Legislation, government regulation, or Court decision causes invalidation of any Article or Section of this Agreement, all other Articles and Sections not invalidated shall remain in full force and effect and the parties shall re-negotiate concerning any such invalid provision.
Duration
This agreement shall be effective from January 1st 2006 through December 31st 2008. For the purpose of subsequent negotiations, the parties agree that such negotiations for purpose of reaching a new contractual Agreement shall commence during the first week of September 2008 and will continue on a regular basis thereafter, in good faith until said negotiations are completed.
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