TABLE OF CONTENTS

AGREEMENT 1

MANAGEMENT RIGHTS 2

XIX FALSE ARREST AND LIABILITY INSURANCE 13
XX GRIEVANCE PROCEDURE 14
XXI COMMENDATION 15
XXII DISCHARGE AND SUSPENSION 15
XXIII PROMOTIONS 15
XXIV LONGEVITY 16
XXV TERMINAL LEAVE AND TERMINAL PAY 16
XXVI LIFE INSURANCE 16
XXVII EDUCATIONAL INCENTIVE 16
XXVLU SCHOOLING 17
XXIV MILITARY LEAVE 18
XXX MISCELLANEOUS 18
XXXI POLICEMEN'S BILL OF RIGHTS 20
XXXII SAVING CLAUSE 21
XXXIII PAYROLL DEDUCTIONS 22
XXXIV AGENCY SHOP 22
XXXV DURATION AGREEMENT 23

ARTICLE II - MANAGEMENT RIGHTS
The PBA recognizes that there are certain functions, responsibilities and management rights exclusively reserved to the Employer. All of the rights, power and authority possessed by the Employer prior to the signing of this Agreement are retained exclusively by the Employer subject only to such limitations as are specifically provided in this Agreement, unless otherwise provided for by law.

ARTICLE III - RETENTION OF BENEFITS
Except as otherwise provided herein, all rights, privileges and benefits which the officers have heretofore enjoyed and are presently enjoying and recognized as department policy shall be maintained and continued by the Employer during the term of this Agreement at not less than the highest standards in effect at the commencement of these negotiations resulting in this Agreement.

ARTICLE IV - NEGOTIATION PROCEDURE
A. The parties agree to enter into collective negotiations over a successor Agreement in accordance with New Jersey Employer-Employee Relations Act (PERC Act) NJSA 34:13A-1, in good faith efforts to reach agreement on all matters concerning the terms and conditions of employment. Such negotiations shall begin on March 1st for the last year covered by this contract. Any agreement so negotiated shall apply to all the duly certified members of the Unit, be reduced to writing, be signed by the authorized representatives of the Borough and the Association and be adopted by the Borough.

WITNES SETH:

B. During negotiations, facts, opinions, proposals and counterproposals will be exchanged freely by the parties thereto. The Borough shall respond within ten working days to all reasonable requests for financial information, to include but not be limited to financial statements, audits, debt obligations, tax collection rate, tax valuation, etc.
C. Neither party shall have control over the selection of negotiating representatives of the other party. Either party may call upon professional advisors to serve as consultants during any period or phase or the negotiations at their individual expense. Clerical assistance may be provided by the Borough only during the period of actual negotiations.
D. This agreement shall not be modified in whole or in part by the parties hereto except by an instrument in writing duly executed by both parties
E. Each party shall appoint a negotiating committee of not more than three persons, not including legal or negotiating representatives. Other members of each party may attend all meetings but not as part of the negotiating committee.
F. In all negotiation sessions, one person with authority to represent each side shall be present at the meeting. For this purpose the parties agree that no negotiation session shall begin unless the Association is represented by either its President or his designated representative and the municipal governing body is represented by the Borough Administrator or the individual designated to be the Chief negotiator on behalf of the Borough.
In addition to the persons required to begin negotiating session, either side may bring to the negotiating sessions any representatives it may choose.

ARTICLE V - ASSOCIATION RIGHTS AND PRIVILEGES
A. Representatives of the Association shall be permitted to transact official Association business on Borough property at all reasonable times, provided that this shall not interfere with or interrupt normal Borough operations.
B. In accordance with the basic practice, the Borough shall grant the President of the Association at the direction of the Association or the President's representative (hereinafter referred to as his representative), such time as is necessary for him to conduct his responsibilities as President or his representative of the Atlantic Highlands PBA Local 242, and he shall be paid for any time so spent if it is during his regular tour or work week. Included in this absence from duty with pay shall be attendance by the
President or his representative at conventions, seminars up to five days and other regular or special meetings of the local, County or State Policemen's Benevolent Association or other organizations approved by the Chief of Police or Borough Administrator in which the Atlantic Highlands PBA has an interest.
C. Grievance Committee. The Borough shall permit members of the Association's Grievance Committee (not to exceed three) to conduct the business of the Committee, which consists of conferring with employees and management on specific grievances in accordance with the Grievance Procedures set forth herein, during the duty hours of the members without loss of pay provided the conduct of said business shall not diminish the effectiveness of the Police Department or require the recall of off-duty employees to bring the Department to its proper effectiveness.
Only one (1) member of the Association Grievance Committee shall be permitted to conduct the business of the Committee at any one time except that the three (3) members of the Association Grievance Committee shall be permitted to confer with the Police Chief, or his designee, the Borough Administrator or the Police Commissioner, as more fully delineated in Article XX.
D. Convention Committee. The Borough agrees to grant the necessary time off without loss of pay to the President of the Local or his representative and one (1) other member of the Association selected as delegates to attend the State Convention of the New Jersey Policemen's Benevolent Association as provided under NJSA 11A:6-10; one (1) other member will be allowed vacation during the convention using the officer's own vacation time. The Borough further agrees to grant the necessary time off without loss of pay to a delegate of the Local or his representative to attend any other State Convention. All members shall provide proof of attendance.
E. The Association shall have the right to conduct official PBA meetings at reasonable times on municipal premises provided 24-hour notice is first given to the Employer by giving such notice to the Borough Administrator before the meeting is to begin. The Employer shall select an appropriate place, depending on the number of persons to attend as estimated by the Association. The Association shall not be required to identify the persons who are to attend the meeting nor may the meeting interfere with the ordinary conduct of the Police Department and that sufficient personnel will be available to have one patrol car on the road at all times during the course of any meeting.

ARTICLE VI - DISCRIMINATION AND COERCION
There shall be no discrimination, interference or coercion by the Employer, or any of its agents, or the Association, or any of its agents, against employees covered by this Agreement because of membership or non-membership or activity or inactivity in the Association. The Employer and any member or members of the Association shall not intimidate or coerce employees into membership. Neither the Employer nor the Association shall discriminate against any employee because of race, creed, color, sex, national origin or political affiliation.

ARTICLE VII - RETIREMENT
Members shall retain all pension rights under the pension system to which they belong. The Association and Borough acknowledge and agree that all members of the Association shall be part of the Police and Fire Retirement system, as administered by the State of New Jersey and any related ordinances of the Borough.

ARTICLE VIII - EXTRA CONTRACT AGREEMENT
The Borough agrees not to enter into any other Agreement or contract with its members who are covered hereunder, individually or collectively, which in any way conflicts with the terms and provisions of this Agreement consistent with NJSA 34:13A-5.3.

ARTICLE DC - SICK LEAVE
A. Employees will receive fifteen (15) sick days at the beginning of each year; however, all new hires after January 1, 1997 shall receive ten (10) sick days the beginning of each year for the first six (6) years, and fifteen (15) sick days per year thereafter. The amount of such leave not taken shall accumulate from year to year. The Employer reserves the right to extend sick leave.
B. An employee absent on sick leave shall report his absence as soon as possible prior to the start of his shift, except where emergent circumstances would prevent the employee from doing so. An employee may apply for sick leave if a member of his immediate family becomes incapacitated to a point that makes it necessary for the employee to care for the individual family members. (Immediate family is defined as spouse, children and employee's parents.)
C. Absence from employment due to any service or job-connected illness or injury shall not be charged against current or accumulated sick leave
Officers will be paid for their regular pay rate for a period of the duration of the disability to 52 weeks beginning on the first day of any injury or service-connected disability. Any temporary disability benefits paid by Workmen's Compensation, or any other income received from coverage provided by the Borough, covering that 52 week period, or any extension granted, will be paid to the Employer.
D. Sick leave may be extended and paid by the employer beyond the amount accrued by the employee at the sole discretion of the Employer
E. In the event a disagreement should arise between the members of the Association and the Employer with respect to the existence or extent of disability or illness, such issue shall be determined by the employee submitting a report from his own physician. If this report is not acceptable to the Employer, the Employer shall have the employee examined by a physician of the Employer's choice.
In the event the parties do not agree upon the opinions of these doctors, the employee shall be examined by a physician mutually agreed upon by the parties. The results of these examinations will be submitted to the parties for evaluation.
In the event there shall be a disagreement between the parties as to the results of the physician's examinations, it shall not be subject to the regular grievance procedure and no court or agency shall be resorted to by the parties prior to submission of the matter to arbitration. Disagreement concerning the physician's opinions shall be submitted directly to arbitration in accordance with the terms of this Agreement.
F. Employees shall receive compensation for '/2 accumulated sick time and all holiday time at the time of retirement at the rate of pay currently in effect at the time of retirement.
G. Should an officer, at the time of his separation from service for medical reasons have accumulated but not used sick leave, he shall received fifty percent (50%) of his sick leave. He shall be paid for fifty percent (50%) of his accumulated sick leave and holiday time at the same rate of pay as he is earning at the time of his separation from service.

H. The PBA may implement a sick-leave pool through which employees can transfer accumulated sick days to members whose accumulation has been exhausted. The details and administration of the pool shall be the responsibility of the local. The local shall hold the Borough harmless in connection with the implementation and administration of the
pool, but shall provide a copy of same to the Borough when it is implemented. The PBA shall indemnify, defend and save the Borough harmless against any and all claims.

J. A leave of absence for reasons of child care due to the birth of a child, adoption of a child or to care for a family member with a serious illness or health condition may be granted to an eligible employee for up to twelve (12) weeks in a twenty-four (24) month period in accordance with the New Jersey Family Leave act, NJSA 34:11 B-1 et seq. (FLA) and Federal Family and Medical Leave Act of 1993, 29 U.S.C. 2601 et seq. (FMLA)

ARTICLE X - HOURS
A. The parties understand and agree that the standard weekly work schedule for employees covered by this Agreement requires employees' services continually throughout the seven day week and that the standard work week shall consist of 40 hours of work within said standard work week.
B. Each tour of duty shall be for eight (8) hours of work.
C. Shift assignments for each officer shall be made uniformly as others are made in his Division and no officers shall be discriminated against in terms of his rotation of the shift assignments.
D. Every effort will be made to see that there shall be at least two officers on duty at all times.
E. Off duty employment shall be administered, limited and controlled by Borough Ordinance and other Departmental policies as determined by the Chief of Police.
F. If there is no supervisory personnel on a shift, the senior patrolman shall assume the duties of a sergeant and shall be paid at a sergeant's base rate of pay.
ARTICLE XI - OVERTIME
A. The Employer agrees that the overtime consisting of time and one-half (1 '/2) shall be paid to all members of the bargaining unit covered by this agreement for hours worked in excess of the normal work day of eight (8) hours and for any normal work week in a seven (7) day period of more than forty hours (40), service school attendance, range time, and department meetings An employee may elect to receive overtime in either cash or in compensatory time off. Both the cash and compensatory time off shall be accumulated at the rate of time and one-half.
B. Employees shall not be paid overtime for hours of work in excess of the normal workday unless such overtime is authorized by the Chief of Police or the officer in charge of the shift.
C. Any additional time beyond the tour as defined herein shall be paid at the rate of time and one-half (1%) time. In the event an employee is required to work fifteen (15) minutes or more of overtime, he shall be paid as though he had worked one-half ('A) hour. If he is obligated to work more than forty-five (45) minutes but less than one (1) hour, he shall be paid as though he has worked an hour. For any portions thereafter, time will be compensated in the manner described above.
D. In the event a member of the bargaining unit is called into duty other than his normal assignment, he shall be paid overtime at the time and one-half (1 '/2) time for all time worked during such period but in no such case shall be paid for less than four (4) hours. This is to include Parades and special events.
E. Any employee, whose presence shall be required in any court relating to the Borough, including County, Superior or in any administrative hearing in the Department of Motor Vehicles, at a time other than when he is on duty, shall be paid for that time at the rate of time and one-half (1 '/2) time, but in no such case shall be paid for less than 2 hours. This shall include officers responding to their own complaints, as witnesses at the direction of their superior officers or of the Chief of Police, and in response to subpoenas from any court (or attendance in court) in lieu of subpoena arranged by either the prosecutor's office, superior officers of the department, the Chief of Police, or attorneys representing parties in civil litigation or criminal prosecution or defense, or administrative hearings. Every effort shall be made to schedule Municipal Court hearings during duty hours.
ARTICLE XII - VACATIONS
A. All members shall receive the following vacation per annum. Employees hired after January 1, 1997 shall have vacation as per the following schedule except that vacation shall not exceed 25 days per year

Hire to end of first year 5 days each six (6) months
2nd year through 4th year 10 days (working days off)
5th year through end of 9th year 15 days (working days off)
10th year to end of 14th year 20 days (working days off)
15th year to end of the 19th year 25 days (working days off)
Beginning 20th year 26 days (working days off)
Beginning 21st year 27 days (working days off)
Beginning 22nd year 28 days (working days oft)
Beginning 23rd year 29 days (working days off)
Beginning 24th year 30 days (working days off)

A.The following shall be recognized as holidays under this agreement

New Year's Day Easter Sunday
Year's Day

t

ARTICLE XVI - SALARIES
A. Each employee shall receive the following increases. For employees hired between 11/1/96 and 12/31/02 each Step has a duration of one year. For employees hired after 12/31/02, each Step has a duration of one year, except 5th Step which has duration of two years.

SALARY GUIDE/STEPS JULY 1, 2002 - JUNE 30, 2006
4% Year Starting July 1, 2002,	4% Year Starting July 1, 20034% Year Starting July 1, 20044% Year Starting July 1.2005
Hired Prior 11/1/96 Lieutenant $73,524.74	$76,465.73$79,524.36$82,705.34
Sergeant $71,964.74	$74,843.33$77,837.07$80,950.55
Patrolman 4th Step $66,444.34	$69,102.12$71,866.20$74,740.85
Hired After 11/1/96 Lieutenant $73,524.74	$76,465.73$79,524.36$82,705.34
Sergeant $71,964.74	$74,843.33$77,837.07$80,950.55
Patrolman 8th Step $66,444.34	$69,102.12$71,866.20$74,740.85
Patrolman 7th Step $64,378.70	$66,953.85$69,632.01$72,417.29
Patrolman 6th Step $57,113.06	$59,397.58$61,773.48$64,244.42
Patrolman 5th Step $49,847.41	$51,841.30$53,914.96$56,071.55
Patrolman 4th Step $42,581.76	$44,285.03$46,056.43$47,898.69
Patrolman 3rd Step $38,527.84	$40,068.95$41,671.71$43,338.58
Patrolman 2nd Step $34,473.92	$35,852.88$37,286.99$38,778.47
Academy & 1st Step $29,120.00	$30,284.00$31,496.19$32,756.04

B. Probationary Officers Attending Police Academy. New officers attending Basic Recruit training at a Police Training Commission certified Academy will provide their own transporation to the academy, reporting on times set by the academy. The hours worked would consist of the time the academy requires an officer to report at the academy class up to the time the officer is released at the acadmey. Meal allowances will not be provided during Basic Recruit training.

ARTICLE XVII - MEDICAL AND HOSPITAL INSURANCE AND DENTAL PLAN
A. The Employer will, at no cost to the employee, provide health insurance coverage as set fourth in the Plan Booklet of the Central Jersey Health Insurance Fund, or the substantial equivalent, for the member and his family. All employees (and their spouse/dependants) shall be in the Preferred Provider Organization Plan (PPO). The employee (and spouse/dependant) shall be responsible for a $15 co-payment for every doctor visit and every drug prescription.
B. The Employer will, at no cost to the employee, provide a Dental Plan for the member and his family; effective May 1, 2003 this Dental Plan will include a orthodontics benefit for dependent children only as detailed hereafter. (See addendum)
C. Effective May 1, 2003, the employer will, at no cost to the employee, provide a vision benefit as detailed hereafter. (See addendum)
D. Any employee may, upon providing at least 30 days notice (before the first of any month) and proof of adequate coverage from another source, voluntarily opt out of the Borough health coverage and/or prescription plan. Employee opting out will receive a lump sum annual payment as follows: the payment (or prorated payment for a portion of the year) shall be made within 14 days of the end of the opt out calendar year. Employees can opt back into the Borough health coverage and/or prescription plan upon 30 days notice (before the 152 of any month) and proof of the loss or cessation of the alternate coverage.

Medical Plan $ 2,500 Prescription Plan $ 500

ARTICLE XIX – FALSE ARREST AND LIABILITY INSURANCE
A. The employer will keep in effect to cover each employee in the performance of his duty or for any litigation instituted contending to arise in the performance of the officer's duties, the amount of false arrest and liability Insurance which shall provide for One Million ($1,000,000) dollars per incident of exposure. One Million ($1,000,000) dollars aggregate
B. Since employees of this department are required by accepted tradition and policy to be armed 24 hours a day and to volunteer to suppress criminal acts and take other law enforcement responsibilities at all times whether on regular duty assignment or not, the employer agrees to obtain such false arrest and liability insurance coverage in a contract of insurance which shall provide covered to the employee for acts occurring in pursuit of this policy beyond regular duty assignment and in the event such insurance is not obtained, the Employer agrees to provide legal defense for an employee against whom a civil claim or a suit is instituted and indemnify the employee for any damages other than punitive damages awarded to a claimant. Proof of coverage of insurance obtained in accordance with this provision shall be delivered to the President of the Association, a copy of which shall be attached to become part of this contract.

C. The Employer agrees to retain an attorney to defend any officer against whom charges (other than disciplinary), civil action, or criminal or quasi-criminal action are instituted, other than charges, civil actions, or criminal charges for actions or conduct outside of the line of duty and/or scope of employment. Such attorneys shall be mutually acceptable to the officer and Borough Administrator and shall be paid the reasonable compensation for legal services rendered in such defense. Attorney fees for criminal defense shall not be the responsibility of the Borough in the event of a conviction. In any action, upon a determination by the Borough in accord withN.J.S.A. 59:10-4, the Borough has the option of advising the officer that it will defend and indemnify the officer and the Borough shall then provide the defense and the officer will cooperate in the defense.

ARTICLE XX - GRIEVANCE PROCEDURE
A. The purpose of the grievance procedure shall be to settle all grievances between the Borough and the Association and members as quickly as possible, so as to assure efficiency and promote membership morale.
B. A grievance is defined as an alleged violation of this Agreement.
C. The following steps and the related calendar shall constitute the grievance procedures:

Step A: Filing of Grievance. The aggrieved shall institute action by submitting a written statement outlining the incident, witnesses if ally, and alleged violation of the contract to the Chief of Police within fifteen (15) calendar days of the alleged violation.

Step B: Response. The Chief of Police shall have fifteen calendar days to provide a written response; however said response shall not be unreasonably withheld if a determination has been made.

Step C: Appeal, If the grievance is not settled through Step B, the aggrieved shall have five calendar days to file notice of appeal of the decision rendered by the Chief of Police; said appeal shall be filed with the Borough Administrator.








Step D: Appeal Hearinu_ The Borough Administrator shall have ten calendar days to conduct a hearing on the appeal, unless military or vacation leave is scheduled by the Administrator.

Step E: Appeal Response. The Borough Administrator shall have five working days from the date of the appeal hearing to provide a written response.

Step F: Final Appeal. If the grievance is not settled through Step E, the aggrieved shall have ten calendar days to notify the Borough Administrator that the matter shall be submitted to arbitration pursuant to the rule and regulations of the New Jersey State Public Employment Relations Commission (PERC) The cost of arbitration shall be shared equally by the parties. The arbitrator shall not amend, modify or annul any provisions of this agreement. Arbitration shall be limited to the issue or dispute stated in the grievance.

ARTICLE XXII - DISCHARGE AND SUSPENSIONS
A. No employee shall be disciplined or discharged without just cause. An employee who has been disciplined or discharged may grieve such action in accordance with the provisions set forth in Article XX entitled "Grievance Procedures".
B. Upon any suspension, demotion, discharge or any other appropriate disciplinary action against any employee, a copy of such charges shall be forwarded to the President of the Association within five (5) working days after any such action against said employee is taken by the Employer.
C. This Article does not apply to probationary employees. ARTICLE XI' II - PROMOTIONS
Notice of all opportunities for promotion of Police Officers shall be delivered to the President of the Association and posted in a conspicuous place for a period of at least ten days prior to beginning any evaluation and screening process.

ARTICLE XXIV - LONGEVITY
A. Effective July 1, 2002, each employee shall be paid, in addition to his current annual wage, a longevity increment based upon his years of continuous employment in the Police Department in accordance with the following schedule.

$1,350 for each five (5) years of continuous service $1,775 for each ten (10) years of continuous service $2,600 for each fifteen (15) years of continuous service $3,775 for each twenty (20) years of continuous service $4,125 for each twenty four (24) years of continuous service

ARTICLE XXVI - LIFE INSURANCE
The Borough shall provide life insurance for each member in the amount of $25,000.00, in addition to the employee's pension plan insurance and government insurance and any other existing supplementary governmental and private insurance and pension plans paying benefits.

ARTICLE XXVII - EDUCATIONAL INCENTIVE
A. The Employer agrees to pay to each employee of the department, in addition to his base salary, an additional incentive based upon the following table:

$100 Associate Degree, Police Science
$200 Bachelor of Science Degree, Police Science
$400 Masters Degree, Police Science

ARTICLE XXVII - SCHOOLING
A. Purpose. To set forth the conditions under which the Governing Council may authorize reimbursement to its employees of certain expenses incurred in the pursuit of educational courses.
B. General. From time to time, occasions will arise when the education of an employee, at its own expense, will be of direct benefit to the Borough This circumstance, then, provides the major criterion upon which approval of all applications will be based, i.e., will the course of study to be undertaken be of direct benefit to the Borough?
C. The following conditions shall be net
1. All permanent Borough employees are eligible to apply for reimbursement of educational expenses beginning with the second year of their employment
2. Application must contain
a. Name
b. Position of employment
c. Name of course for which application is made.
d. Duration of course.
e. Location at which course will be given.
f. Outline of applicant's education background.
g. Outline of expenses for which reimbursement is requested.
h. Previous courses for which reimbursement has already been provided by the Borough.
i. Length of employment with the Borough.
j. Number of years until eligible for retirement, if within three years of retirement employee will not be eligible for reimbursement.
k. Outline of benefits that will accrue to the Borough as a result of completion of this course.

3 . Expenses for which reimbursement may be claimed are defined as follows.

ARTICLE XXIX - MILITARY LEAVE
Military leave shall be granted pursuant to State and Federal Statues Regulations Any difference between the military pay and the employee's shall be paid to the Employer. ARTICLE XXX - MISCELLANEOUS
A. Whenever a member suffers a loss or damage to personal property resulting from police action taken by him, he shall be reimbursed for the cost of his loss or damage, cost will not exceed $500. The employer shall be entitled to have the employee complete all appropriate forms and to submit acceptable proof of loss. Personal property is defined as follows.
1. Eyeglasses/contact lenses
2. Watches
3. Wedding rings
4. Pen/pencil sets
5. Denture/dental work not covered by insurance plan
6. Religious chain/medals

B. When members are required to use their personal vehicles to attend any court or administrative agency, with the exception of Municipal Court, he shall receive $0.25 per mile reimbursement.
C. Members who attend any court, school, range detail or other work related function outside the Borough shall receive reimbursement for tolls and parking upon presentation of a receipt In addition, members who attend any court, school, range detail or other work related action lasting more than four hours that is outside the Borough shall be entitled to reimbursement not to exceed $15 for the cost of a meal upon presentation of a valid receipt.
D. Whenever members are required to use their personal vehicles for police business, the Borough agrees to provide full insurance coverage for the member and his vehicle, over and above employee's primary insurance policy.
Whenever members are required to use their personal vehicles for police business and said vehicle is damaged, the Borough agrees to pay the first $500 of the amount of damage.
E. The Borough agrees to deduct the monthly dues from the pay of those employees who individually authorize, in writing, that such deduction be made. The amounts to be deducted shall be certified to the Borough by the Union, and the deductions of the employees shall be remitted together with an itemized statement to the Union of an agreed upon day of each month after such deductions are made.
F. Compensatory Time.
1. No employee shall receive compensatory time in excess of 480 hours. Employees may cash in for pay up to 80 hours of accrued compensatory time annually, to be paid by June 30 of a particular year, upon written notice by the employee to the Borough Administrator by October 31 of the preceding year.
2. Any alleged practice of shift adjustment compensatory time, arising from prior Police Chief memo or directive, ceases as of December 31, 2002. Any such time accrued prior to such date shall remain, but no further such shift adjustment compensatory time will be credited after that date.

ARTICLE XDOC[ - POLICEMEN'S BILL OF RIGHTS
A. Members of the Force hold a unique status as policemen in that the nature of their office and employment involves the exercise of a portion of the police powers of the Municipality.
B. The wide ranging powers and duties given tote Department and its members involve then in all manners of contacts and relationships with the public Out of these contacts may come questions concerning the actions of the members of the Force. These questions may require investigation by Superior Officers. In an effort to insure that these investigations are conducted in a manner which is conducive to good order and discipline, the following rules are hereby adopted.
1. The questioning of a member of the Force shall be at a reasonable hour, with the light of all circumstances involved, preferably when the member of the Force is on duty.
2. The member shall be informed of the nature of the investigation before any questioning commences. If the informant or complainant is anonymous, then the officer shall be so advised. Sufficient information to reasonably apprise the member of the allegations will be provided. If it is known that the member of the force is being interrogated as a witness only, he will be so informed at the initial contact.

3 . The questioning shall be reasonable in length. Reasonable respites shall be allowed. Time shall also be provided for personal necessities, meals, telephone calls, and rest periods as are reasonably necessary.

7. If a member, as a result of an investigation, is being charged with a
violation of the rules and regulations, or is about to be so changed, he shall
be afforded an opportunity to consult with counsel or P. B.A. representatives
before any further interrogation;

ARTICLE =I - SAVING CLAUSE
In the event that any Federal or State legislation, governmental regulation or court decision causes invalidation of any Article or Section of this Agreement, all other Articles and Sections not so invalidated shall remain in full force and effect, and the parties shall renegotiate concerning any such invaARTICLE XXXII - PAYROLL DEDUCTIONS

Each member shall have the right to have deducted from his paycheck, if so desired, an amount not to exceed four (4) payroll items.

ARTICLE HIV - AGENCY SHOP
A. The Borough agrees to deduct the fair share from the earnings of those employees who elect not to become members of the Association and transmit the fee to the majority representative.
B. The deduction shall commence for each employee who elects not to become a member of the Association during the month following written notice from the Association of the amount of the fair share assessment. A copy of the written notice of the amount of the fan share assessment must also be famished to the New Jersey Public Employees Relations Commission by the Association.
C. The fair share fee for service rendered by the Association shall be in an amount equal to the regular membership clues, initiation fees and assessments of the Association, less the cost of benefits financed through the dues and available only to members of the Association, but in no event shall the fee exceed eight-five (85%) percent of the regular membership dues, fees and assessments.
D. Prior to January 1st and July 31st of each year, the Association shall provide advance written notice to the New Jersey Public Employment Relations Commission, the Borough and to all employees within the unit, of the fair share fee for service enumerated above.
E. The Association shall establish and maintain a procedure whereby any employee can challenge the assessment as computed by the Association. This appeal procedure shall in no way involve the Borough or require the Borough to take any action other than to hold the lee in escrow pending resolution of the appeal.
F. The Association shall indemnify, defend and save the Borough 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 Borough in reliance upon salary deduction, authorization cards or the fair share assessment information as furnished by the Association to the Borough, or in reliance upon the official notification on the letterheadlidated provisions.


of the association signed by the President of the Association, advising such changed deduction.

ARTICLE XXXV - DURATION OF AGREEMENT
This agreement shall become effective on July 1, 2002 and shall terminate on June 30, 2006. All provisions contained herein shall be retroactive to the effective date of this agreement, unless otherwise stated herein. This contract shall remain in effect until a new Contract is negotiated.

IN WITNESS WHEREOF, the parties have hereunto affixed their signatures