AGREEMENT Between THE BOROUGH OF LINCOLN PARK
And LINCOLN PARK
POLICEMEN’S BENEVOLENT ASSOCIATION
LOCAL 192
JANUARY 1, 2023 THROUGH DECEMBER 31, 2027
TABLE OF CONTENTS
ARTICLE II 3
DISCRIMINATION AND COERCION 3
ARTICLE III 5
MANAGEMENT RESPONSIBILITIES 4
ARTICLE IV 5
ARTICLE V 6
ARTICLE VI 8
ARTICLE VII 9
TOURS OF DUTY AND OVERTIME 10
ARTICLE VIII 11
ARTICLE IX 12
ARTICLE X 14
ARTICLE XI 16
ARTICLE XII 17
ARTICLE XIII 18
ARTICLE XIV 19
ARTICLE XV 21
ARTICLE XVI 22
ARTICLE XVII 23
HOSPITAL AND MEDICAL INSURANCE 24
ARTICLE XVIII 25
ARTICLE XIX 26
ARTICLE XX 27
CONDUCTING PBA NEGOTIATIONS ON BOROUGH TIME 27
ARTICLE XXI 28
FULLY BARGAINED PROVISIONS 28
ARTICLE XXII 29
SEPARABILITY AND SAVINGS CLAUSE 29
ARTICLE XXIII 30
ARTICLE XXIV 31
PREAMBLE
THIS AGREEMENT, effective as of the 1st day of January 2023, by and between the BOROUGH OF LINCOLN PARK, NEW JERSEY, hereinafter referred to as the “BOROUGH,” AND POLICEMEN’S BENEVOLENT ASSOCIATION, Local 192, hereinafter referred to as the “PBA,” is designed to maintain and promote a harmonious relationship, between the BOROUGH and such of its employees who are covered by the provisions of this Agreement, in order that more efficient and progressive public service may be rendered.
ARTICLE I
RECOGNITION
The BOROUGH hereby recognizes the PBA as the exclusive and sole representative for collective negotiations concerning salaries, hours and other negotiable terms and conditions of employment for all members of the Lincoln Park Police Department, (hereinafter referred to as Members), excluding Chief, Deputy Chief, Captains, Dispatchers and School Crossing Guards.
ARTICLE II
DISCRIMINATION AND COERCION
The BOROUGH will continue its policy that there shall be no discrimination, intimidation or coercion by the BOROUGH or any of its agents against the employees represented by the PBA because of membership or activity in the PBA. The PBA shall not intimidate or coerce employees into membership. Neither the BOROUGH nor the PBA shall discriminate against any employee because of race, creed, color, sex, sexual orientation, age, religion, national origin, political affiliation or marital status.
ARTICLE III
MANAGEMENT RESPONSIBILITIES
All aspects of the business of the Police Department relative to management and direction of policy, regulations and practices of department personnel are the exclusive responsibilities of the BOROUGH, except as expressly modified by the terms of this Agreement.
Without limiting the foregoing, the BOROUGH’s managerial rights, as exercised by the Chief of Police and/or the BOROUGH as applicable, include, but are not limited to the following:
A. To determine the missions and policies of the BOROUGH;
B. To manage and administer the affairs and operations of the BOROUGH;
C. To direct the BOROUGH’s work force and operations;
D. To create, modify, add, organize and/or eliminate assignments, units, departments, divisions and/or bureaus;
E. To assign, re-assign and transfer employees;
F. To demote, suspend, discharge or otherwise discipline employees with just cause;
G. To maintain efficiency of the BOROUGH’s operations;
H. To determine the facilities, methods, means, job classifications and personnel by which such operations are to be conducted;
I. To lay off employees and to subcontract work;
J. To determine reasonable work schedules and establish methods and processes by which such work is to be performed;
K. To take whatever actions may be necessary to carry out the responsibilities of the BOROUGH;
L. To hire, select, promote and evaluate all employees, and to determine their qualifications and conditions for their continued employment or their dismissal or demotion;
M. To promulgate rules and regulations from time to time which may affect the orderly and efficient administration of municipal government.
With respect to the paragraph above, the BOROUGH’s use and enjoyment of its powers, rights, authorities, duties and responsibilities, the adoption of its policies and practices or the promulgation of rules and regulations in furtherance thereof, and the exercise of discretion in connection therewith, shall be limited only by the terms of this Agreement and applicable law.
ARTICLE IV
PRESERVATION OF RIGHTS
The BOROUGH agrees that all benefits, terms and conditions of employment relating to the status of the BOROUGH’s police officers, which benefits, terms and conditions of employment are not specifically set forth in this Agreement, shall be maintained.
Unless a contrary intent is expressed in this Agreement, all existing benefits, rights, duties, obligations and conditions of employment applicable to any police officer pursuant to any rules, regulations, instruction, directive, memorandum, statute or otherwise shall not be limited, restricted, impaired, removed or abolished.
ARTICLE V
GRIEVANCE PROCEDURE
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 shall be construed as limiting the right of any Member having a grievance to discuss this matter informally with any superior officer and having the grievance adjusted without formal proceedings.
3. Grievance procedures are intended to provide for the expeditious and mutually satisfactory settlement of grievances arising with respect to complaints occurring under this Agreement. The following procedures shall be used.
Grievance: For purpose of this Agreement, the term “grievance” means any complaint, difference or dispute between the employer and any Member with respect to the interpretation, application or violation or any of the provisions of this Agreement, or any applicable rule or regulation or policies, agreements or administration decisions affecting any employee(s) covered by this Agreement.
Days: For the purpose of grievances, a day is equal to one calendar day exclusive of weekends and holidays.
STEP ONE:
In the event that any Member has a grievance, within ten (10) days of the occurrence of the event being grieved, the Member shall present the grievance in writing to the Chief of Police. If no response is provided within ten (10) days of submission by the Member, the Association may treat the grievance as denied and proceed to Step Two.
STEP TWO:
If the Association wishes to appeal the decision of the Chief of Police or the Chief's failure to respond within ten (10) days, the grievance shall be presented in writing to the Borough Administrator or his delegated representative within ten (10) days of the decision or failure to respond. This presentation shall include copies of all previous correspondence relating to the matter in dispute. The Borough Administrator or his delegated representative may give the Association the opportunity to be heard and will give his decision in writing within twenty (20) days of receipt of the written grievance.
STEP THREE:
1. If no satisfactory resolution of the grievance is reached at Step Two, then within five (5) days the grievance shall be referred to the Public Employment Relations Commission for the selection of an arbitrator, pursuant to the rules of said Commission. The decision of the arbitrator shall be final and binding upon the parties. The expense of such arbitration shall be borne equally by the parties. The arbitrator shall not have the authority to add to, modify or delete any provisions of the Agreement.
2. It is agreed between the parties that no arbitration hearing shall be held until after the expiration of at least thirty (30) days after the decision rendered by the employer’s governing body or its representative on the grievance.
3. Members shall have the right to process their own grievance without representation.
4. The cost of the arbitrator shall be borne equally by the parties but each party shall be responsible for such other costs as they may incur.
ARTICLE VI
EMPLOYEE DISCIPLINE
A. Where a charge is made against a Member of the Association, the provision of N.J.S.A. 40A:14-147 shall regulate the procedure governing such charge.
B. The BOROUGH shall not discipline, suspend or discharge without just cause.
C. In carrying out any disciplinary action, the BOROUGH shall not violate any statutes or administrative rules of New Jersey in effect at the time. A Member who is disciplined or discharged shall be entitled to a statement in writing outlining the reasons for such action.
ARTICLE VII
TOURS OF DUTY AND OVERTIME
A. The Chief of Police shall establish the work schedule.
B. The current “Pitman” schedule applicable to certain officers and detailed in an agreement entered into by and between the parties on or about June 18, 2002, said Agreement is attached here to as Exhibit F.
C. Kelly Time: First, officers assigned to work the "Pitman" schedule shall continue to receive 110 hours of Kelly Time. However, "new hires" - which for all purposes referenced herein shall refer to all officers hired after April 1, 2023 - shall receive 104 hours.
1. Kelly Time shall be prorated according to the number of weeks the officer is employed by the Borough and is assigned to the Pitman Schedule. For example, an officer assigned to work the Pitman schedule on July 1st of a given year shall receive 55 hours of Kelly Time or 52 hours for "new hires" as that term is defined above.
2. Consistent with the parties' current practice, all Kelly Time must be utilized by March 31st following the· year in which it is granted. Any Kelly Time not utilized by this date shall be forfeited.
3. Kelly Time shall be recorded separately from an officer's other leave time including, but not limited to, Compensatory (comp) time.
D. Court Compensation: All Court appearances and administrative body appearances which arise out of Member’s status as a Police Officer shall be compensated at the overtime rate (time and one half) with a three (3) hour minimum. This does not apply to those appearances that occur during the officer’s regular scheduled duty hours.
E. Members of the Detective Bureau shall not be entitled to be paid for overtime for being “on-call” as detectives. In lieu of any overtime compensation for being on-call, the Member(s) shall receive the sum of twenty-five hundred dollars ($2,500) per contract year for on-call rotations.
1. Any Detective called in, while otherwise off-duty, shall be compensated at the rate of time and one-half (1 ½) his/her base hourly rate.
F. Members who are required to work longer than a regular tour of duty shall be paid for the overtime at one and one-half times the base hourly rate, as set forth in Article XIV.
1. There shall be no compensation for scheduled overtime less than one (1) hour, nor shall there be compensation for incidental overtime which may be required to close out or complete a scheduled tour of duty.
2. A Member shall not become eligible for overtime based upon accumulation of time resulting from shift trade off.
G. A published overtime list of all Members based on seniority shall be maintained and overtime shall be offered to each Member as his/her turn arises. If a Member is unavailable when overtime is offered, the member shall forfeit his/her turn.
H. Available overtime for vacant Public Safety Telecommunicator positions shall be offered first to full or part-time Public Safety Telecommunicators employed by the Borough. If no available Public Safety Telecommunicator can be identified, the overtime opportunity will then be offered to qualified PBA members according to the provisions of Paragraph G.
I. Shift Commander shall be a Sergeant or above, or the Senior Patrolman, who shall be compensated at the appropriate rate for the position vacated.
J. A Member who performs duties of a higher rank shall be compensated for such duties at the appropriate rate for the duties performed.
K. Any Member assigned by the Department to the role of Field Training Officer shall receive a $5.00 per hour stipend for any time spent while in that assignment. The FTO schedule shall be set by the Chief of Police.
L. Officers continue to be able to elect to be paid for overtime worked at the rate of time and one-half (1 ½) their base hourly rate in cash or compensatory time. Officers shall be able to accrue a maximum of 200 hours of compensatory time in the aggregate. For example, if an officer currently has 200 hours of comp time and works 8 hours of overtime, said overtime must be paid in cash. By way of further example, if an officer has 200 hours of comp time and subsequently utilizes 50 hours, reducing his/her accrued total to 150 hours, he/she may accumulate an additional 50 hours until he/she once again accrues the maximum permitted total of 200 hours of comp time.
ARTICLE VIII
HOLIDAYS
A. Members of the Police Department shall be given 112 hours of compensatory time off in recognition of the following fourteen (14) holidays. Compensatory time off for holidays shall be in accordance with a schedule established or approved by the Chief of Police.
The designated holidays are:
New Year’s Day Labor Day
Martin Luther King Day Thanksgiving Day
President’s Day Day after Thanksgiving
Good Friday Christmas Day
Memorial Day Christmas Eve
Independence Day Floating Holiday #1
Veteran’s Day Floating Holiday #2
Additional holidays may be designated at the discretion of Borough Council.
B. The BOROUGH will “buy back” unused holiday hours at a Member’s regular rate of pay if requested, in writing, by the Member and such request is approved by the Chief of Police before December 1st in the year the holiday hours are earned. The PBA agrees that tours of duty resulting from such buy backs shall be assigned by the Chief of Police during the remainder of the year, in such a way as to minimize overtime costs to the BOROUGH. No Member whose holiday hours are “bought back” in accordance with the provisions of this paragraph shall unreasonably refuse any tour of duty assigned by the Chief of Police in furtherance of this policy.
ARTICLE IX
VACATION
A. The annual vacation leave with pay for Members of the department shall be earned at the following rate:
1st year ..........................96 hours (eight (8) hours for each completed month of service)
Year 2 through the completion of 5 years ..................................104 hours
Year 6 through the completion of 10 years ................................120 hours
Year 11 through the completion of 15 years ..............................144 hours
Year 16 through the completion of 20 years ..............................160 hours
21 years on...................................................................................192 hours
B. The annual vacation leave with pay for Members hired after April 1, 2023 shall be earned at the following rate:
1st year ..............................72 hours (six (6) hours for each completed month of service)
Year 2 through the completion of 5 years ...................................96 hours
Year 6 through the completion of 10 years ...............................114 hours
Year 11 through the completion of 15 years .............................120 hours
Year 16 through the completion of 20 years .............................132 hours
21 years on..................................................................................156 hours
For Members hired prior to January 1, 2000, “Years of Service” shall be those years credited within the Police & Fire Retirement System, if those years are greater than his/her years of service to the BOROUGH.
C. A Member will not be granted vacation leave during the initial three (3) months of employment, but such period shall be credited towards annual vacation allowance.
D. Eligibility for additional vacation hours based upon length of service shall vest at the time of a Member’s anniversary date. However, such additional vacation hours may be utilized as of January 1st in any calendar year in which a Member shall become so eligible.
E. Vacation days may not be accumulated for more than two (2) calendar years. Any unused vacation days carried forward from one calendar year into the next must be used during the second year or shall be forfeited. However, officers may sell back any unused vacation leave on an annually basis, as per Paragraph H below.
F. Except in the case of retirement (as specified in Paragraph G) or termination for just cause, a Member who is terminated or who voluntarily terminates his employment, shall be entitled to the vacation allowance for the current year prorated upon the number of months worked in the calendar year in which the separation becomes effective.
G. If at any time during the calendar year a Member retires after 15 years or more of employment, or as a result of permanent disability incurred in the line of duty, he shall be entitled to full vacation allowance for that year.
H. The BOROUGH will “buy back” unused vacation hours at a Member’s regular rate of pay if requested, in writing, by the Member and such request is approved by the Chief of Police before December 1st in the year the vacation hours are earned. The PBA agrees that tours of duty resulting from such buy-backs shall be assigned by the Chief of Police, during the remainder of the year, in such a way as to minimize overtime costs to the BOROUGH. No Member whose vacation hours are “bought back” in accordance with the provisions of this paragraph shall unreasonably refuse any tour of duty assigned by the Chief of Police in furtherance of this policy.
ARTICLE X
SICK LEAVE
A. The Borough will implement an Unlimited Sick Leave Policy, effective January 1, 2017, for Members of PBA Local 192 hired after August 1, 1992.
B. In order to qualify for regular pay under the provisions of this Agreement on account of illness in excess of two (2) or more consecutive days the Chief of Police may require that a physician’s certificate verifying proof of illness be produced in order for that officer to return to duty. The Chief of Police may also require that a physician’s certificate verifying proof of illness be produced in instances of frequent or habitual absence from duty or when there is reasonable cause for requiring such certificate. After the use of four (4) unexcused sick days in any given calendar year the Chief of Police may request in writing that a physician’s certificate verifying proof of illness be submitted prior to the officer’s return to duty.
C. No member may be off longer than 12 consecutive months or 18 months in the aggregate during any 36-month period from the date the employee is unable to work due to disability from illness and/or injury or related illness and/or sickness. Included in the 12-month period of time for disability due to illness and/or injury is any combination of paid and/or unpaid leaves of absence, including leave for the employee’s own serious health condition as defined under the provisions of the Family and Medical Leave Act (FMLA). In other words, paid sick leave is to run concurrently with FMLA leave if the FMLA is applicable to such injury and/or sickness. Sick Leave may not be used for the illness of any individual other than the employee, except for qualifying reasons under the provisions of FMLA.
D. Subject to operational considerations, and physical and/or medical limitations and capabilities of the Member, the Chief of Police may identify temporary modified-duty assignments for Members who have a non-permanent injury or medical condition resulting in temporary work limitations or restrictions.
E. Employees on paid sick leave must remain in the immediate vicinity of their primary home during the period of such a leave unless prior written permission to travel is obtained from the Chief of Police. Reasonable verification may be made by either a visit to the member’s home or by telephone call. Exceptions are limited to doctor’s office and pharmacy visits, in which case the member may be required to produce a doctor’s note or a pharmacy receipt, and for religious services.
F. A new Member shall not be granted paid sick leave during the initial three (3) months of employment unless such a request is accompanied by a physician’s certificate.
G. Thirty-six (36) PTO hours shall be granted in a calendar year to any Member who has a record of taking zero hours of Sick Time during the preceding calendar year. Members who use between 1 and 12 hours of Sick Time will earn 24 hours of PTO. Members who use 13 or more hours of Sick Time will not earn any additional PTO hours.
ARTICLE XI
WORK INCURRED INJURY
Where a Member covered under this Agreement suffers a work-connected injury or disability, the BOROUGH shall continue such Member at full pay, during the continuance of such Member’s inability to work, for a period of up to one year. During this period of time, all temporary disability benefits accruing under the provisions of the Workers’ Compensation Act shall be paid over to the BOROUGH.
The Member shall be required to present evidence by a certificate of a responsible physician that he is unable to work, and the Mayor and Council may reasonably require the said Member to present such certificate from time to time.
In the event the Member contends that he is entitled to a period of disability beyond the period established by the treating physician, or a physician employed by the BOROUGH or its insurance carrier, then, and in that event, the burden shall be upon the employee to establish such additional period of disability by obtaining a judgment in the Division of Workers’ Compensation establishing such further period of disability, and such findings by the Division of Workers’ Compensation or by the final decision of the last reviewing court shall be binding upon the parties.
For the purposes of this Article, injury or illness incurred while the Member is attending a BOROUGH sanctioned training program shall be considered in the line of duty.
In the event a dispute arises as to whether an absence shall be computed or designated as sick leave or as an injury on duty, the parties agree to be bound by the decision of an appropriate Workers’ Compensation judgment, or if there is an appeal therefrom, the final decision of the last reviewing court.
An injury on duty requiring time off for treatment, recuperation or rehabilitation shall not be construed as sick leave or a sick leave occasion under the terms of the sick leave policy heretofore agreed upon between the parties.ARTICLE XII
BEREAVEMENT LEAVE
A. All members working a typical 5 days on/2 days off schedule (eight hour shifts) or a 4 days on/3 days off schedule (10 hour shifts) shall be entitled to 40 hours off with pay on the days immediately following the death of a member’s husband, wife, child, stepchild, mother, father, brother or sister, father-in-law, mother-in-law, sister-in-law, brother-in-law, maternal and paternal grandparents, stepfather and stepmother. All members working the Pitman Schedule (12-hour shifts) shall be entitled to 48 hours off with pay on the days immediately following the death of a member’s husband, wife, child, stepchild, mother, father, brother or sister, father-in-law, mother-in-law, sister-in-law, brother-in-law, maternal and paternal grandparents, stepfather and stepmother.
B. Reasonable verification of the event may be required by the BOROUGH.
C. In the event of a death in the immediate family which would cause a Member to travel considerable distance or would otherwise entail additional time off, a maximum of forty (40) hours may be granted by the Borough Administrator at his discretion in unusual or extraordinary circumstances.
ARTICLE XIII
MILITARY LEAVE
A. Leaves of absence will be granted to Members who are members of the National Guard, or one of the reserve components of the Armed Forces for field training duty (not to exceed two weeks) and emergency service authorized and conducted by the various branches of the Military or Naval Service.
B. The Member shall make formal written request through the Chief of Police to the Borough Administrator immediately upon receipt of orders. The Member shall submit a copy of the Military Order to the Chief of Police, unless such order is of a classified nature. The Member, upon return from duty, shall submit a certificate showing the dates of participation in the training program.
C. Members shall be given time off with pay to attend required active-duty training in accordance with existing law. Such time off shall be in addition to vacation leave. The Chief of Police shall reschedule a Member’s hours and days of work to enable a Member to attend drills and still fulfill all employment responsibilities.
ARTICLE XIV
SALARIES AND WAGES
During the term of this Agreement, Members shall be paid the following:
A. Annual salaries for the years 2023 - 2027 shall be as set forth in Exhibit A and Exhibit B attached hereto.
Patrol Officers (i.e., non-supervisors) shall progress from one step to another on anniversary date of his/her appointment for first twenty-four (24) months of employment; and thereafter on January 1st of each calendar year.
Sergeants and Lieutenants shall progress from one step to another on anniversary date of his/her promotion to current rank.
B. For Members hired prior to January 1, 2000, “Years of service” shall be those years credited within the Police & Fire Retirement System, if those years are greater than years of service to the BOROUGH.
C. Probationary Period
1. Each police officer shall be required to serve a working test period prior to permanent appointment to the Department. The working test period is one year from the date of completion of the police training course, or if already holding a valid New Jersey Police Training Commission Certification, one year from the date of appointment, in accordance with N.J.S.A. 52:17B-66, et seq.
2. During such working test period such applicants may be discharged prior to or at the termination of said working test period at the discretion of the Chief of Police with the concurrence of the Appointing Authority, consistent with law.
3. This section shall not prohibit the hiring of a police officer from another community who has completed the required police training course. Such officer shall be required to submit to the same working test period as established above.
4. All Members promoted to a higher rank shall be subject to a six (6) month working test period during which the Member may be demoted by the Appointing Authority.
D. Extra Duty Work
1. For the period of January 1, 2023 through June 28, 2023, Members shall receive $85.00 per hour for extra-duty, Outside Contractor/Short Term Contractor Security employment work. The contractor shall also pay a $15.00 per hour administrative /vehicle use fee to the Borough. Effective June 29, 2023, the hourly rate payable to Members shall be increased to $95.00 and the administrative/vehicle use fee payable to the Borough shall be increased to $20.00.
2. For the period of January 1, 2023 through June 28, 2023, Members shall receive $50.00 per hour for extra-duty "Steady Security" employment work. The contractor shall also pay a $5.00 per hour administrative/vehicle use fee to the Borough. The use of a Borough vehicle for "Steady Security" extra-duty employment work shall be limited to transportation to and from Police Headquarters to the location of the "Steady Security" jobsite. Effective June 29, 2023, the hourly rate payable to Members shall be increased to $60.00 and the administrative/vehicle use fee payable to the Borough shall be increased to $10.00.
3. Effective on June 29, 2023, officers working any extra-duty work shall be compensated a minimum of four (4) hours. In the event the extra-duty work lasts longer than four (4) hours, the officers shall be compensated a minimum of eight (8) hours or the actual length of the assignment, whichever is greater.
ARTICLE XV
PERSONAL HOURS
A. Members shall be entitled to thirty-two (32) hours of personal leave per year.
B. Members hired after April 1, 2023, shall be entitled to twelve (12) hours personal leave per year.
C. These hours are in addition to hours granted under ARTICLE X, Paragraph “G”, Sick Leave.
ARTICLE XVI
COLLEGE CREDITS
A. Members will receive twenty-five ($25.00) dollars per annum for each college credit hour completed toward a degree. Once an Associate Degree is obtained, the Member will receive an additional seventy-five ($75.00) dollars per year. Once a Bachelor’s Degree is obtained, the Member will receive an additional two hundred and fifty ($250.00) dollars per year. If the Member obtains a Master’s Degree, the Member is entitled to two hundred and fifty ($250.00) dollars per year in addition to the two hundred and fifty ($250.00) dollars received for the Bachelor Degree.
B. Credits eligible for Members’ compensation will be established in January of each year by the Borough Administrator.
C. This allowance shall be subject to the following provisions:
1. Course must be taken on Member’s time off (off duty hours).
2. Course must be given by a college or university accredited by a recognized accrediting association.
3. Course must be credited by a college toward a Police Science degree or a “related field of study”.
4. No credit shall be given for course work receiving a grade below “C”.
5. Members shall supply Administrator’s office with updated transcript of eligible college credits earned no later than January 10th of each year.
D. Members shall be limited to one hundred thirty-five (135) credits (maximum), all degrees included.
E. Members hired after April 1, 2023, will receive an annual stipend payable on July 1st of each year for the attainment of the following degree: $1,200 (Associate Degree); $2,500 (Bachelor's Degree); and $3,000 (Graduate Degree). New hires will not receive payment for credit hours completed, as detailed in Paragraph A. For the avoidance of doubt, the stipend payment shall only be for the highest degree earned and the stipend payment shall not be for multiple degrees. For example, if the Member has earned both an Associate Degree and a Bachelor’s Degree, such Member will receive only the higher stipend of $2,500 as provided herein, not $1,200 for Associate Degree and $2,500 for Bachelor’s Degree.
1. These amounts shall be pro-rated during the first calendar year of employment. In other words, the Stipend shall be divided by 365 (days) and then multiplied by the total number of days worked in the first year of employment to determine the pro-rated amount of the Stipend. For purposes of this calculation all leave with pay shall be considered a day(s) "worked."
ARTICLE XVII
HOSPITAL AND MEDICAL INSURANCE
A. All full time Members covered by this Agreement and eligible members of their family shall be entitled to full Health Insurance coverage provided through the North Jersey Municipal Employee Benefits Fund and Dental coverage provided through Horizon Blue Cross Blue Shield of New Jersey. The Complete Benefits Plans and Summary Plan Description is attached as Exhibit C. A copy shall also be maintained on file in the Borough Administrator's Office.
Also attached to Exhibit C is a two-page Open Enrollment form, effective January 1, 2023, setting forth a concise description of the benefits provided by the various plans offered. The parties acknowledge that the cost of coverage of each such plan, and each employee’s corresponding Chapter 78 premium contribution, is subject to change.
The Borough and Members shall pay the premiums for these benefits in accordance with the provisions of the Pensions and Health Benefits Reform Act under Chapter 78, P.L. 2011. Attached as Exhibit D is N.J.S.A. 52:14-17.28c which set forth each member’s premium contribution, as per Chapter 78, P.L. 2011 (referred to herein as “Chapter 78”).
The Borough shall be permitted to change carriers provided that the new coverage is substantially equivalent to the existing coverage referenced above.
B. All Members, upon retirement, after twenty-five (25) years or more of continuous full-time employment, or twenty-five (25) years or more of service credited in a state recognized pension system (P.F.R.S. or P.E.R.S.) shall continue to receive full health benefit coverage as described above until the age of sixty-five (65). Subject to the limitations set forth below, the BOROUGH shall provide for eligible employees at age 65 the following:
1. Eligible Police Department retirees who are currently receiving health benefits who have already retired as of January 1, 2013 and are 65 years of age or older shall receive only reimbursement for Medigap, Plan C and Part D coverage provided through AARP or its equivalent at the expense of the BOROUGH.
2. All eligible police officers employed by the BOROUGH as of December 19, 2012, shall receive reimbursement for Medigap insurance coverage, upon retirement, as defined herein and at age 65 with a premium cost not to exceed $4,000.00 paid for by the BOROUGH.
3. All police officers hired on or after December 19, 2012, shall not receive any health insurance benefits paid by the BOROUGH beginning at age 65 in accordance with the terms of the collective negotiations agreement, nor shall they receive reimbursement for Medigap coverage.
4. If a retired police officer who is over age 65 has a dependent spouse, the dependent spouse shall receive single coverage only up to the time that the dependent spouse attains age 65. Once the dependent spouse reaches age 65, the dependent spouse shall receive reimbursement for Medigap coverage as would the retired police officer. Furthermore, if the retired employee has dependent children, then the retired employee's dependent spouse who is under age 65 would receive parent/child coverage and not full family coverage.
C. The BOROUGH shall provide full medical coverage for survivors of officers killed in the line of duty as defined hereafter. The surviving spouse shall be provided full medical coverage as delineated in Paragraphs A and B above until such time as he/she may remarry. Surviving children shall be provided full medical coverage until they reach the maximum age permitted by law. The BOROUGH shall pay the premiums for these benefits.
D. Employee and employer contributions toward health care benefit premiums shall be consistent with current New Jersey state law.
E. Dental coverage shall be $2,000.00 per year per covered dependent.
F. The Borough shall maintain an Eye Care Plan for Members and each of their insured eligible dependents. The maximum reimbursement per year, per person, shall be three hundred ($300.00) dollars for eye exams and prescription eyeglasses and/or prescription corrective lenses. The Eye Care Plan may also be utilized for LASIK eye surgery or other similar corrective procedures.
1. The Eye Care Plan coverage shall be eliminated for Members hired after April 1, 2023.
2. Under the terms of a Consent Arbitration Award, dated June 1, 2018 and attached as Exhibit E, all PBA Local 192 retirees, who retired no later than December 31, 2016, shall be allowed to purchase one pair of non-prescription sunglasses, within the $300 per year limit for Eye Care coverage, once every two years commencing with the date of the initial purchase.
ARTICLE XVIII
UNIFORM ALLOWANCE
The BOROUGH, with the approval of the Borough Administrator or Chief, shall reimburse all uniform and equipment damaged in the line of duty. The BOROUGH shall also reimburse officers up to $700 annually for the periodic replacement of components of an officer's uniform and equipment upon the receipt of proper documentation by the Chief of Police or his/her designee of the purchase of same.
ARTICLE XIX
PAID TIME OFF (PTO)
Only Personal Leave and Holiday Leave will be converted to " Paid Time Off" ("PTO") to be taken by the Member subject to approval by the Chief of Police. At the end of the year, any unused PTO converted from Personal Leave and/or Holiday Leave will be transferred over to the Member's "PTO Bank" and therefore available in subsequent years for use as "PTO Time" in accordance with standard procedures. The Member can sell back up to 120 hours from his/her PTO Bank each year - in addition to any unused hours from his/her current year's allotment of Personal Leave and Holiday leave. All other provisions as it pertains to Personal Leave and Holiday Leave will remain the same.
ARTICLE XX
CONDUCTING PBA NEGOTIATIONS ON BOROUGH TIME
The BOROUGH shall permit the PBA Negotiating Committee (up to two (2) members) to attend collective bargaining meetings during hours of duty, provided the conduct of negotiations shall not diminish the effectiveness of the Police Department or require the recall of off-duty policemen.
The BOROUGH agrees to grant time off, as provided by State statute, to officially designated members of the PBA to attend the Official State Conventions, provided that thirty (30) days written notice is first given to the Chief of Police by the PBA.
The PBA delegate shall be allowed to attend PBA State meetings during hours of duty as long as attendance does not cause overtime expenditures within the Police Department. The PBA delegate shall be permitted thirty-six (36) working hours annually for the purpose of attending State PBA monthly meetings. The Chief of Police shall be notified of the name of the elected delegate and the monthly meeting schedule as soon as it is available.
ARTICLE XXI
FULLY BARGAINED PROVISIONS
A. The agreement represents and incorporates the complete and final understanding and settlement by all parties of all bargaining issues that were or could have been the subject of negotiations. During the term of this Agreement, neither party shall be required to negotiate with respect to any such matter whether or not covered by this Agreement, nor 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 duly executed by both parties.
ARTICLE XXII
SEPARABILITY AND SAVINGS CLAUSE
A. It is understood and agreed that if any provision of this Agreement or the application of the Agreement to any person or circumstance shall be held invalid, the remainder of this Agreement or application of such provision to other persons or circumstances shall not be affected thereby.
B. If any such provisions are so invalid, the BOROUGH and the PBA will meet for the purpose of negotiating changes made necessary by applicable law.
ARTICLE XXIII
NO STRIKE
The PBA and Members recognize that the performance of Police service as an essential function of the BOROUGH government. Accordingly, it recognizes and accepts its responsibility to provide uninterrupted, continuous police service. The PBA agrees that it will not participate in or coerce a strike, job action, work slowdown or engage in disruptive activity. The provisions hereto shall not be construed to limit or restrict the PBA or its members from engaging in grievance procedures as set forth in the Agreement.
ARTICLE XXIV
TERM OF CONTRACT
Except where expressly provided to the contrary herein, this Agreement shall begin on January 1, 2023 and shall remain in full force and effect until December 31, 2027. Therefore, the Agreement shall be automatically renewed from year to year unless either party shall give a renegotiation notice in writing to the other party no sooner than one hundred and fifty (150) days, nor no later than ninety (90) days, in advance of the expiration date hereof. All proposed changes by the noticing party shall be submitted in writing at the time the initial renegotiation notice is given.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hand and seal at the Borough of Lincoln Park, New Jersey, on this th day of , 2024.
ATTEST: Lincoln Park Police Benevolent Association
_____________________________ By: ______________________________________
Thomas LaChance, President PBA Local 192
ATTEST: Borough of Lincoln Park
_____________________________ By: ___________________________________
Courtney Fitzpatrick, Borough Clerk Dr. David A. Runfeldt, Mayor
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