AGREEMENT
BETWEEN
BOROUGH OF BAY HEAD
AND
BAY HEAD POLICE DEPARTMENT
EMPLOYEES
________________________________________________
January 1, 2012 through December 31, 2015
________________________________________________
Table of Contents
Preamble ………………………………………………………………1
Article 1 ………………………………………………………………. 2
RECOGNITION AND SCOPE OF AGREEMENT
Article 2 ……………………………………………………………… 3
COLLECTIVE BARGAINING PROCEDURE
Article 3 ……………………………………………………………… 4
DISCRIMINATION AND COERCION
Article 4 ……………………………………………………………… 5
HOURS
Article 5 ……………………………………………………………... 6
OVERTIME
Article 6 & 6A ………………………………………………………. 7
ANNUAL BASE SALARY
Article 7 ………………………………………………………………10
LONGEVITY
Article 8 ………………………………………………………………11
VACATIONS
Article 9 ………………………………………………………………12
PERSONAL LEAVE
Article 10 ……………………………………………………………. 13
HOLIDAYS
Article 11 ……………………………………………………………. 14
SICK LEAVE
Article 12 ……………………………………………………………. 16
PAYMENT OF ACCRUED SICK LEAVE
Article 13 ……………………………………………………………. 17
DEATH IN FAMILY
Article 14 ……………………………………………………………. 18
CLOTHING ALLOWANCE
i Article 15 ……………………………………………………………. 19
EDUCATION INCENTIVE
Article 16 ……………………………………………………………. 20
HOSPITAL, DENTAL AND MEDICAL INSURANCE
Article 17 ……………………………………………………………. 21
EXTRA DUTY
Article 18 ……………………………………………………………. 23
PRISONER TRANSPORT
Article 19 ……………………………………………………………. 24
SEPARABILITY AND SAVING
Article 20 ……………………………………………………………. 25
PRESERVATION OF RIGHTS
Article 21 ……………………………………………………………. 26
GRIEVANCE PROCEDURE
Article 22 ……………………………………………………………. 30
MATERNITY/PATERNITY LEAVE
Article 23 ……………………………………………………………. 31
PERSONNEL FILES
Article 24 ……………………………………………………………. 32
TERM AND RENEWAL
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PREAMBLE
This Agreement made this day of January, 2012 by and between the Borough of Bay Head, a municipal corporation of the State of New Jersey (the “Borough”), and The Bay Head Police Department Employees (the “Association”).
WITNESSETH:
WHEREAS, it is the intent and purpose of the parties hereto to promote and
improve the harmonious and economic relations between the Borough and its
employees and to establish a basic understanding relative to compensation, hours
of work and other conditions of employment consistent with the law and
established practices not modified by this Agreement.
NOW, THEREFORE, in consideration of these premises and mutual covenants
herein contained, the parties hereto agree with each other as follows:
ARTICLE 1
RECOGNITION AND SCOPE OF AGREEMENT
The Borough hereby recognizes the Association as the sole and exclusive
representative of all the employees in the bargaining unit as defined
herein for the purpose of collective bargaining and all activities and
processes relative thereto.
The bargaining unit shall consist of all probationary and permanent
members of the Police Department of the Borough of Bay Head, New
Jersey, now employed or hereafter employed, except the Chief of Police.
This Agreement shall govern compensation, hours of work and other
conditions of employment herein set forth.
This Agreement shall be binding upon the parties hereto.
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.
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ARTICLE 2
COLLECTIVE BARGAINING PROCEDURE
The duly authorized bargaining agent of each of the parties shall conduct
collective bargaining with respect to compensation, hours of work and
other conditions of employment.
Collective bargaining meetings shall be held at times and places mutually
There shall be no discrimination, interference or coercion by the Borough or any of
its agents against the employees of the Bay Head Police Department because of their
activity or employment in the Department. Neither the Borough nor the members
of the Bay Head Police Department shall discriminate against any employee because
of sex, race, creed, color, national origin or political affiliation.
The work day shall consist of not more than 10 consecutive hours in a
24 hour period, except as mutually agreed to by the parties.
B. The tours of duty shall continue as they are currently in force, unless
hereinafter changed and mutually agreed to by the parties.
5
The Borough agrees that overtime consisting of time and one-half shall be
paid to all employees covered by this Agreement for hours worked in
excess of 40 hours in any week, or beyond an employee’s scheduled shift.
All such overtime is to be authorized by the Chief of Police.
It is recognized that employees may be required to report in advance of
the tour starting time and for the purpose of report making to remain
after the termination of a tour. In accordance with this recognition, no
overtime shall be paid for a 15 minutes period prior to the commence-
ment of a tour or for a 15 minute period after the termination of a tour.
In the event any employee is required to report earlier than 15 minutes
after the end of a tour, the employee shall be paid for all time worked in
excess of the regular work day.
At any time an employee is summoned for overtime duty, he shall be
entitled to be paid a minimum of 4 hours at the overtime rate from the
time of arrival.
6
Effective January 1, 2012 the annual base salary each of the
following classifications shall be:
| Year of service | 2012 | 2013 | 2014 | 2015 |
| Probationary officer/first year of service | $40,000 | $41,000 | $42,025 | $43,076 |
| Second year of service | $45,680 | $46,822 | $47,993 | $49,193 |
| Third year of service | $51,360 | $52,644 | $53,960 | $55,309 |
| Fourth year of service | $57,040 | $58,466 | $59,928 | $61,426 |
| Fifth year of service | $62,720 | $64,288 | $65,895 | $67,542 |
| Sixth year of service | $68,401 | $70,111 | $71,864 | $73,661 |
| Seventh year of service | $74,081 | $75,933 | $77,831 | $79,777 |
| Eighth year of service | $79,761 | $81,755 | $83,799 | $85,894 |
| Ninth year of service | $85,441 | $87,577 | $89,766 | $92,010 |
| Tenth year of service and beyond | $91,121 | $93,399 | $95,734 | $98,127 |
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A. No longevity increases and/or payments shall be due to any covered employee hired on or after January 1, 2012.
B. Each employee shall be paid, in addition to annual base salary, a longevity
payment based upon continuous years of employment as a regular officer
in the Police Department as follows:
Continuous Years of Service Annual Non-Cumulative
Longevity Payment
1 through 5 years 2% of Annual Base Salary
6 through 10 years 4% of Annual Base Salary
11 through 15 years 6% of Annual Base Salary
16 through 19 years 8% of Annual Base Salary
20 through 24 years 10% of Annual Base Salary
25 or more years 12% of Annual Base Salary
C. Longevity payments shall be calculated or recalculated immediately
following the anniversary date of employment of each employee; paid
bi-weekly; and included as part of the employee’s regular
paycheck.
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ARTICLE 8
VACATIONS
Each employee shall be entitled to annual vacation leave based upon
continuous years of employment as a regular officer in the Police
Department as follows:
Continuous Years of Service Annual Vacation Leave
0 to 1 year 7 working days
2 to 4 years 13 working days
5 to 8 years 18 working days
9 to 13 years 21 working days
14 to 18 years 23 working days
19 or more years 25 working days
The choice of vacation days will be based on seniority and will only
apply to the first 10 vacation days. The balance, if any, will be left
to the administrative discretion of the Chief of Police.
No compensatory pay will be given for vacation days not taken.
D. Up to ten (10) days can be carried over into the following year and no more than ten (10) days may be accumulated for payment upon retirement or resignation after January 8, 2007 as per N.J.S.A. 40A:9-10.3.
ARTICLE 9
PERSONAL LEAVE
Each employee shall be entitled to 5 personal leave days each year
without deductions from any other leave time permitted, providing
the employee shall notify the Chief of Police at least 3 days in
advance.
If less than 3 days advance notice is given, entitlement to personal
leave shall be at the discretion of the Chief of Police.
No compensatory pay will be given if the personal leave days are
not taken, nor can said days be accrued.
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The following shall be recognized as holidays paid at 8 hours regular time
B. When any of the above holidays are in conflict with an employee’s religious
belief, the employee may substitute a religious holiday of the employee’s
religious belief, provided that adequate notice is given to the Chief of Police.
C. It is recognized by both parties that employees may not by reason of
Department business, enjoy the above holidays by working on those dates.
The entire holiday benefit (104 annual hours) shall be folded in and paid
along with regular payroll and utilized for all computation purposes.D. Notwithstanding the provisions of Section C above, any employee who is
required to work on New Year’s Day, Easter, Thanksgiving or Christmas
shall be paid an additional one-half times the employee’s regular
hourly rate of pay.
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Each employee shall be entitled to annual sick leave in any calendar year
Annual Sick Leave
Classification Each Calendar Year
Probationary Patrolman 5 working days
Patrolman – 1st year 10 working days
All other Patrolmen, Corporals
Sergeants and Lieutenants 15 working days
The amount of sick leave not taken in any calendar year shall accumulate
from year to year up to a maximum of 200 days, unless such accumulated is otherwise restricted by state law. If an employee resigns or is discharged for cause, the employee shall not receive compensation for any accumulated sick leave.
An employee may utilize sick leave when the employee is unable to perform
work by reason of personal illness, accident, or exposure to contagious
disease. An employee may use sick leave for short periods when a
member of the immediate family of the employee is seriously ill, pursuant to federal and New Jersey Family and Medical Leave Act regulations.
Sick leave shall not include any extended period where an employee
serves as nurse or housekeeper to a member of the immediate family of
the employee during a period of serious illness.
An employee absent on sick leave shall submit acceptable medical evidence substantiating illness if requested to the Borough Clerk.
F. Sick leave injury – Any employee who is disabled in the line of duty due to occupational injury or disease may, on the approval of the Borough, be granted a leave of absence at full pay. Any amount of salary paid or payable to an employee for service connected disability leave shall be reduced by the amount of worker’s compensation benefits paid or payable under the New Jersey Worker’s Compensation Act for temporary disability, provided that:
This leave shall not be granted beyond one year from the date of
The employee shall furnish the Borough with such medical or other
proof relating to the injury or illness and the continued disability of
the employee.
ARTICLE 12
PAYMENT FOR ACCUMULATED SICK LEAVE
Any employee completing a minimum of 10 years of full time employment
as a regular officer in the Police Department who has accumulated sick
time shall be entitled to partial compensation upon retirement from full
time employment in accordance with the Police and Firemen’s Retirement
System (PFRS) or such other retirement system which may be in effect
and approved by the Division of Pensions, Department of Treasury of the
State of New Jersey.
Any employee qualifying for compensation under the terms of this provision shall be paid for ½ of up to a maximum of two hundred accumulated sick days at the rate of compensation not to exceed the total sum of $15,000 in 2009 and $20,000 in 2010 forward. Employees hired on or after January 1, 2012 shall not be paid for accrued sick time in an amount exceeding $15,000.Compensation for accumulated sick time shall be paid based upon the annual base salary and longevity payments in effect as of the employee’s retirement date.
An employee shall notify the governing body of his claim for terminal leave
before December 1st of the year prior to retirement so that the Borough
may properly establish its budget. Upon retirement, an employee may
receive accumulated sick time in a lump sum or, upon request, and at the
discretion of the governing body, an employee may receive the
accumulated sick time within 30 days after the final adoption of the
Borough’s annual budget during the year immediately following the year of
retirement. The employee shall make this request at the time of giving
notification of the claim for terminal leave.
In the event of a death in the immediate family (mother, father, husband, wife, children, grandparents, mother-in-law, father-in-law, sister-in-law, brother-in-law, step children, brother, sister) of an employee, the Borough shall grant a 3 day leave of absence, with pay, to the employee.
All applications under this provision shall be on a case by case basis upon
A. During the year 2012-2015, the Borough shall pay a clothing and equipment allowance of up to $ $1,400.00 per year to all permanent employees. The clothing and equipment allowance shall be drawn on an as needed basis upon application to the Chief of Police up to the maximum amount of the allowance.
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ARTICLE 15
EDUCATION INCENTIVE
The Borough agrees to pay each employee of the Department, in addition
to annual base salary, an annual educational incentive based upon the
following table:
Associates Degree in Police Science
Upon Completion - $500.00
Bachelors Degree in Police Science
Upon Completion - $1,000.00
Masters Degree in Police Science
Upon Completion - $1,250.004
4. Emergency Medical Technician Certificate
Upon Completion and each year upon receipt of proof of continued validity by the Borough Clerk- $750.00
An employee must complete his Probationary year as a regular officer in
the Police Department before the employee shall be entitled to receive
any payment under this provision.
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The Borough shall pay the cost and provide hospital, dental and medical
insurance, including family coverage, for each employee.
Each year, employees shall submit to a comprehensive physical examination to
be performed by a physician selected by the employee. The physical examination will
be charged against the employee’s health care provider; however, if the provider does
not pay the complete cost of the physical examination, the balance, if any, shall be
paid by the Borough. A written report of the physical examination shall be provided
to both the employee and the Borough. The Borough shall make arrangements to
maintain and file copies of the physical examination in the Office of the Chief of Police
and Municipal Clerk/Personnel Officer, which shall be held in a confidential file. It is
agreed that any recommendations made by the physician conducting the physical
relating to exercise, diet or medication will be adhered to by the employee. The
purpose of this provision is to address the physical well being of the employee and
insure that the employee is capable of performing applicable police functions and
duties.
All employees shall contribute to the costs of medical insurance pursuant to the statutes and administrative regulations of the State of New Jersey and shall be deducted through the payroll system of the Borough.
ARTICLE 17
EXTRA DUTY
The Chief of Police shall have the right to issue general orders concerning
extra duty performed for outside contractors to insure that public safety needs of
the community are appropriately addressed and that such outside employment is
carried out in accordance with applicable State rules and regulations.
Extra duty work performed for outside contractors, which assignments are undertaken at the sole option of the employee, shall be paid through the payroll system of the Borough. As of January 1, 2012, the general work rate is $65.00 per hour, with the employer being permitted to subtract an administrative charge of $15.00 per hour,
netting the employee $50.00 per hour. If extra duty work is performed between7:00 p.m. and 7:00 a.m. the work rate shall be $75.00 per hour with the employer being permitted to subtract an administrative charge of $15.00 per hour, netting the employee $60.00 per hour. These rates may be adjusted by the action of the governing body, after receipt of written agreement to proposed changes from the Association, during the terms of this agreement, but shall not be adjusted in such a manner as to provide for a lower hourly payment to employees than is currently paid for extra duty work.
The Borough and Association acknowledge that the general work rate to be
paid to members of the Association for extra duty performed for outside contractors
has been mutually established by the parties. Compensation to members of the
Association for this outside employment is made through the normal payroll system
of the Borough as required pursuant to Attorney General Formal Opinion 1997
No. 23. The Association acknowledges that this extra duty work is not mandated by
the Borough and that the system is established as an accommodation to permit
Association members to perform extra duty work for entities other than the
Borough.
21
The Association agrees, represents and warrants that it will not support or
fund any lawsuit or challenge of whatsoever nature made by any individual or
entity pursuant to the provisions of the Fair Labor Standards Act.
The Borough and Association agree that a copy of this Article shall be filed
with the Division of Local Government Services of the New Jersey Department of
Consumer Affairs. This Article shall be void should its application be prohibited by
any applicable mandate of the State of New Jersey.
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ARTICLE 18
PRISONER TRANSPORT
It is agreed that two employees shall be assigned to the duties of transporting
prisoners outside of the Municipality.
23
ARTICLE 19
SEPARABILITY AND SAVING
A. It is understood and agreed that if any provision of this Agreement or
the application of this Agreement to any person or circumstance shall
be held invalid, the remainder of this Agreement or the 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 Association
will meet for the purpose of negotiating changes made necessary by
applicable law.
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ARTICLE 20
PRESERVATION OF RIGHTS
The parties agree that all benefits, rights, duties, obligations and conditions
of employment relating to the status of the Police Department which benefits,
rights, duties, obligations, terms and conditions of employment are not specifically
set forth in this Agreement, shall be maintained in not less that the highest
standards in effect at the time of the commencement of collective bargaining
negotiations between the parties leading to the execution of this Agreement.
Unless a contrary intent is expressed in this Agreement, all existing benefits,
rights, duties, obligations and conditions of employment applicable to any Officer
pursuant to any rules, regulations, instruction, directive, memorandum, statute or
otherwise shall not be limited, restricted, impaired, removed or abolished.
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ARTICLE 21
GRIEVANCE PROCEDURE
1. The term “grievance” as used herein means a dispute between the parties
over the interpretation, application or violation of this Agreement, or a dispute
concerning policies and management decisions affecting employees, but not mean
a dispute involving the discipline or discharge of employees.
2. Grievances shall be process in accordance with the following procedure:
STEP ONE
Grievances shall be submitted in writing to the office of the Chief of
Investigations within ten (10) days following the date upon which the
grievance occurred. The grievance shall thereupon be discussed at a
meeting consisting of the employee involved, the PBA representative,
and the Chief of Investigations or his/her designee. The meeting shall
be conducted within fourteen (14) days from the date the grievance is
submitted unless the PBA and the Chief of Investigations agree to
conduct the meeting at a later date.
STEP TWO
If a grievance is not settled at the grievance meeting described in Step 1,
above, the PBA may, within five (5) days from the grievance meeting,
appeal the grievance in writing to the Employer, who shall respond to
said grievance in writing within 10 days of his/her receipt of the
grievance appeal.
26
STEP THREE
If a grievance appeal under Step 2, above, is denied, and only if the
grievance concerns the interpretation, application or alleged violation
of the terms of this Agreement, the PBA may submit the grievance to
arbitration before an arbitrator appointed by the Public Emloyment
Relations Commission. Such a request for arbitration must be submitted
within five (5) days of the date upon which the grievance appeal is denied
by the Employer. Grievances concerning policies or management decisions
affecting employees may not be submitted to arbitration.
3. The designated arbitrator shall be bound by the provisions of this Agreement
and applicable laws of the State of New Jersey and the United States. The arbitrator
shall be restricted to the question of the contract interpretation presented. The
arbitrator shall not have the authority to add to, modify, subtract from, or alter in
any way the provisions of this Agreement or amendment or supplement thereto. In
rendering his written decision, the arbitrator shall indicate in detail his findings of
fact and reasons for the making the award. The decision and award of the arbitrator
shall be final and finding upon the parties, and upon the grieving employees. The
costs of the services of the arbitrator shall be borne equally between the parties. Any
other expenses, including but not limited to the presentation of witnesses, shall be
paid by the party incurring same. Each arbitration shall be limited to one grievance
unless otherwise agreed in writing by the parties. Only the Employer or the PBA may
submit a grievance to arbitration under this Article.
4. Employer Grievances. Any grievance with the Employer may have
27
against the PBA shall be reduced to writing and submitted to the PBA. Representatives
of the PBA and Employer shall meet within fourteen (14) days from the date the
grievance issubmitted unless the PBA and Employer agree to conduct the meeting at a
later date. If the grievance is not resolved, the Employer may submit the dispute to
arbitration as provided in this Article.
5. The failure of a grieving employee or the PBA to file a grievance, to appeal
a grievance, or to demand arbitration within the time periods contained in this Article
shall constitute an absolute waiver of the grievance and shall deprive the arbitrator of
jurisdiction to hear the grievance. The failure of the Employer to answer a grievance
shall be deemed a denial of the grievance on all applicable grounds.
The parties hereby agree that any judicial action to compel compliance
with the arbitration clause of this contract, to confirm or enforce any arbitration award
entered pursuant to this contract, or to vacate or modify any arbitration award entered
pursuant to this contract, shall be processed in accordance with the New Jersey
Arbitration Act, N.J.S.A. 2A:24-1 et.seq.
Employees shall perform all duties as instructed even though they may feel
aggrieved. During the pendency of any grievance, the Employees affected by the
grievance shall continue to comply with all work directives and work rules applicable to
them notwithstanding that any such work directives or work rules are the subject of the
pending grievances, except where compliance would pose a direct threat to the life and
safety of the Employees.
It is understood and agreed that a decision of the PBA not to exercise its
Right to request arbitration shall be final and finding upon all Employees, and it is
Further understood and agreed that the PBA and its designated representatives have
the authority to settle any grievance at any step.28
Disputes involving the discipline or discharge of employees shall not be
subject to the grievance and arbitration procedures contained in this Article.
Any time lost by a grievant in the arbitration procedure shall not be
compensated by the Employer.
29
ARTICLE 22
MATERNITY/PATERNITY LEAVE
Female Police Officers shall advise the Employer of a pregnancy. The
rights of a female Police Officer shall include but not be limited to the following
provisions:
The female Police Officer shall be permitted to work her normal duties
so long as such work is permitted by a doctor’s note. The doctor shall
be a physician of the female Police Officer’s own choosing.
2. In addition to the other provisions of this Article, the female Police Officer
shall be permitted to use accumulated sick time, compensatory time off
and any other accumulated time benefits which she may have during the
period of her pregnancy and the period following childbirth.
3. Upon return from maternity leave the Officer shall be returned to work
without loss of seniority or benefits and shall be returned to the same
position as worked prior to utilizing leave.
4. The female Police Officer shall at all times be kept at full benefits and
shall be considered as on active duty for all computation purposes.
Upon return to active duty status, the female Police Officer shall be
placed in the same position which she held before departing for maternity
status.
Both male and female Police Officers shall be permitted such time and
Such terms and conditions as are provided under the Federal Family Leave Act and
The New Jersey Temporary Disability Benefits Law.
30
ARTICLE 23
PERSONNEL FILES
A personnel file shall be established and maintained for each Employee
covered by this Agreement. Such files are confidential records and shall be maintained
in the office of the Chief of Police, and may be used for evaluation purposes.
Upon advance notice and at reasonable times, any member of the Department
may at any time review his personnel file. However, this appointment for review
must be made through the Chief of Police or his designated representative.
Whenever a written complaint concerning an office of his actions is to be
placed in his personnel file, a copy shall be made available to him and he shall be
given the opportunity to rebut it if he so desires, and he shall be permitted to place said
rebuttal in his file. When the Employee is given a copy of the complaint, the
identification of the complainant shall be excised. However, if any disciplinary action
is taken based on any complaint, then the Employee shall be furnished with all details
of the complaint, including the identity of the complainant.
All personnel files will be carefully maintained and safeguarded permanently,
and nothing placed in any file shall be removed there from. Removal of any material
from a personnel file by any member of the force shall subject that member to
appropriate disciplinary action.
31
ARTICLE 24
TERM AND RENEWAL
This Agreement shall have a term from January 1, 2012 through December
31, 2015. If the parties have not executed a successor agreement by December 31,
2015, then this Agreement shall continue in full force and effect until a successor
agreement is executed.
Negotiations for a successor agreement shall be in accordance with the rules
of the Public Employment Relations Commission.
IN WITNESS WHEREOF, the parties have authorized and caused this Agreement
to be signed by their respective officers or agents on this 21st day of February 2012.
ATTEST: BOROUGH OF BAY HEAD
__________________________________ ____________________________________
Patricia M. Applegate, RMC William W. Curtis
Municipal Clerk Mayor
ATTEST: BAY HEAD POLICE DEPARTMENT
__________________________________ ___________________________________
Todd D. LaRue William A. Hoffman
Secretary President
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