Contract Between
Bay Head Boro-Ocean
- and -
Bay Head Police Dept Ees
* * *
01/01/2009 thru 12/31/2011


CategoryMunicipal
UnitPolice Officers

Contract Text Below
AGREEMENT


BETWEEN

BOROUGH OF BAY HEAD

AND

BAY HEAD POLICE DEPARTMENT
EMPLOYEES

________________________________________________

January 1, 2009 through December 31, 2011
________________________________________________














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
TERMINAL 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
COURT TIME AND CLOTHING MAINTENANCE ALLOWANCE

Article 21 …………………………………………………………… 26
EQUITY ADJUSTMENT

Article 22 ……………………………………………………………. 27
PRESERVATION OF RIGHTS

Article 23 ……………………………………………………………. 28
GRIEVANCE PROCEDURE

Article 24 ……………………………………………………………. 32
MATERNITY/PATERNITY LEAVE

Article 25 ……………………………………………………………. 33
PERSONNEL FILES

Article 26 ……………………………………………………………. 34
TERM AND RENEWAL







ii




    PREAMBLE



    This Agreement made this 6th day of January, 2009 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:












                        1



    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.












    2




    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
          convenient at the request of either party.




























          3



          ARTICLE 3

          DISCRIMINATION AND COERCION

    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.


























          4





          ARTICLE 4


          HOURS

        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



                    ARTICLE 5


    OVERTIME


      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. 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

                        ARTICLE 6
                    ANNUAL BASE SALARY
                      NEW HIRES

          Effective January 1, 2009 the annual base salary each of the
            following classifications shall be:

            Classification Annual Base Salary

            Probationary Patrolman to 1st year 37,322.00
        Patrolman – 2nd year 45,853.80
        Patrolman – 3rd year 50,811.45
        Patrolman – 4th year 54,995.95
            Patrolman – 5th year 59,567.55
        Patrolman – 6th year 67,904.47
        Patrolman – 7th year 76,241.40
        Patrolman – 8th year 81,777.61
          Effective January 1, 2010 the annual base salary for each of the following classifications shall be:
            Classification Annual Base Salary
            Probationary Patrolman to 1st year 41,284.27
            Patrolman – 2nd year 48,358.68
            Patrolman – 3rd year 53,489.85
            Patrolman – 4th year 57,820.80
            Patrolman – 5th year 62,552.41
            Patrolman – 6th year 71,181.13
            Patrolman – 7th year 79,809.85
            Patrolman – 8th year 85,640.00
          Effective January 1, 2011 the annual base salary for each of the
            following classifications shall be:

            Classification Annual Base Salary

            Probationary Patrolman to 1st year 43,629.22
            Patrolman – 2nd year 50,851.23
            Patrolman – 3rd year 56,161.99
            Patrolman – 4th year 60,644.53
            Patrolman – 5th year 65,541.74
            Patrolman – 6th year 74,472.47
            Patrolman – 7th year 83,403.19
            Patrolman – 8th year 89,333.72

    7



                        ARTICLE 6A
                ANNUAL BASE SALARY
      Effective January 1, 2009 the annual base salary for the following classifications shall be:

    Classifications Annual Base Salary

    Patrolman 4th year 54,996.00
    Patrolman 5th year 59,568.00
    Patrolman 6th year 76,241.00
    Patrolman 7th year 81,778.00
      Effective January 1, 2010 the annual base salary for the following
        classifications shall be:

        Classifications Annual Base Salary

        Patrolman 5th year 59,468.00
        Patrolman 6th year 76,141.00
        Patrolman 7th year 85,540.00
      Effective January 1, 2011 the annual base salary for the following
        classifications shall be:

        Classifications Annual Base Salary

        Patrolman 6th year 76,041.00
        Patrolman 7th year 89,334.00
      Effective January 1, 2009 the annual base salary for the following
        classifications shall be:

        Classifications Annual Base Salary

        Corporal 82,778.00
        Sergeant 84,201.00
        Sergeant First Class 86,624.00
        Lieutenant 89,856.00


      8



      Effective January 1, 2010 the annual base salary for the following
        classifications shall be:

        Classifications Annual Base Salary

        Corporal 86,540.00
        Sergeant 88,079.00
        Sergeant First Class 90,618.00
        Lieutenant 94,994.00
      Effective January 1, 2011 the annual base salary for the following
        classifications shall be:

        Classifications Annual Base Salary

        Corporal 90,334.00
        Sergeant 91,990.00
        Sergeant First Class 94,646.00
        Lieutenant 98,188.00





















                        9



                        ARTICLE 7

                      LONGEVITY

    A. 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

    B. 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.






        10





        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 if vacation days are not taken.
        D. Up to ten (10) days can be carried over into the following year.





            11






        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 accured.















            12









                        ARTICLE 10
                        HOLIDAYS
      The following shall be recognized as holidays paid at 8 hours regular time

          under this Agreement:
          New Year’s Day
          Martin Luther King, Jr. Day
          President’s Day
          Good Friday
          Easter
          Memorial Day
          Independence Day
          Labor Day
          Columbus Day
          Veteran’s Day
          Thanksgiving Day
          Day After Thanksgiving
          Christmas

    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.
    13




                    ARTICLE 11


    SICK LEAVE


      Each employee shall be entitled to annual sick leave in any calendar year
          as follows:
    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. 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.
      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 the illness if requested by the Borough.

          14


    F. Sick leave injury – Any employee who is disabled in the line of duty

      because of occupational injury or disease may, on the approval of the

          Borough, be granted a leave of absence with full pay, reduced pay or with

          full pay for a certain period and reduced pay thereafter, contingent upon

          the availability of departmental funds legally usable for this purpose. 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 injury or illness.
          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.
          This section shall not apply to injuries or illnesses incurred and
            arising out of outside gainful employment or gainful employment

            unrelated to the duties of a Borough Police Officer.












            15

    ARTICLE 12
                TERMINAL 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 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.

          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.
                            16
                        ARTICLE 13


            DEATH IN FAMILY

      In the event of a death in the immediate family (mother, father, husband,

          wife, children, mother-in-law, father-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
          the recommendation of the Chief of Police and Police Committee. This

          benefit may be denied if the Chief of Police and Police Committee

          determine that there will be insufficient police coverage should the benefit

          be granted.




















                            17



          ARTICLE 14

          CLOTHING ALLOWANCE

    A. During the year 2009, the Borough shall pay a clothing allowance of

    up to $1,300.00 and during the year 2010 and 2011 the Borough shall

    pay a clothing allowance of up to $1,400.00 to all permanent employees. The

    clothing allowance shall be drawn on an as needed basis upon application to

    the Chief of Police up to the maximum amount of the allowance.



























    18







    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 - $1,250.00
      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.



















    19
                    ARTICLE 16

          HOSPITAL, DENTAL AND MEDICAL INSURANCE

    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.



                          20






      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. The general work rate shall be $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 between

      7:00 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.

      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.

      The rates listed above will be in force for any project contracted after the

      date of the contract signature.

      Projects bid prior to that date and based on the previous rates shall also be

      paid and charged at the old rate.



























      22

      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.


























      24

      ARTICLE 20

      COURT TIME AND CLOTHING MAINTENANCE ALLOWANCE


      In the 2008 contract court time allowance of $1,100 was added to

      the salary of each policeman after increase and longevity. No future contract will

      have additional compensation for court time.

      In the 2008 contract clothing maintenance allowance of $500.00, was added

      to the police salaries after increase and longevity. No future contract will have

      additional compensation for clothing maintenance.























                          25



                      ARTICIE 21
      EQUITY ADJUSTMENT


      It is agreed that an equity adjustment will be added on the end of

      each policeman’s salary and will be included in the base for the

      following year as follows:
                    $1,000.00
                    900.00
                    800.00
























                      26



                      ARTICLE 22

      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.






















      27

      ARTICLE 23

      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.
      28

      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.


      29

      4. Employer Grievances. Any grievance with the Employer may have

      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.
                  30



                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.
                  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.


























                  31


                  ARTICLE 24

                  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.
                    32
                    ARTICLE 25

                    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.







                      33

                      ARTICLE 26

                      TERM AND RENEWAL


                      This Agreement shall have a term from January 1, 2009 through December

                      31, 2011. If the parties have not executed a successor agreement by December 31,

                      2011, 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 6th day of January 2009.


                      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





                      34


                      Bay Head Boro and Bay Head Police Dep Emp 2009.pdf