AGREEMENT BETWEEN THE BOROUGH OF WANAQUE, PASSAIC COUNTY , NEW JERSEY AND WANAQUE POLICE F.O.P. #145 SUPERIOR OFFICERS
JANUARY 1, 2015 THROUGH DECEMBER 31, 2019
THIS AGREEMENT, entered into on this 8th day of December , 2014, by and
between the borough of Wanaque, in the County of Passaic, New Jersey (hereinafter referred to as the Borough), and Wanaque Police F.O.P. #145 Superior Officers hereinafter referred to as the (Superior Officers), hereby establishes the following terms and conditions of employment for the all positions above the rank of Sergeant exclusive of the Chief of Police. This agreement represents the complete and final understanding on all bargaining issues between the Borough and the Superior Officers.
The Borough hereby retains and reserves unto itself all powers, rights, authority, duties, and responsibilities conferred upon and vested in it prior to the signing of this agreement by the laws and Constitution of the State of New Jersey and of the United States, except those limited by the specific and express terms of this agreement, and then only to the extent that such specific and express terms hereof are in conformance with the Constitution and the laws of New Jersey and of the United States.
1. The Superior Officers shall spend sufficient time at their job to insure the smooth and responsible operation of the Police Department over which they has supervisory control. The Chief of Police shall dictate the work schedules for all Superior Officers covered by this agreement.
2. The Superior Officers shall be entitled to utilize personal hours as provided in Article IX.
1. Sick leave is hereby defined to mean an absence from the post of duty by the Superior Officers, while in good standing, due to illness, accident injury, disability, exposure to contagious disease, or the necessity to attend to and care for a seriously ill member of his immediate family.
2. In the event the Superior Officer requires leave due to any of the above-stated reasons, not caused by other employment or business ventures, he may request and shall be granted a leave of absence, with full pay, as herein provided.
3. If a Superior Officer is absent from work on sick leave and is unable to report for duty for 3 or more consecutive working days, the Borough may require a physician of its choice to provide a medical statement concerning the need for sick leave. In the alternative, the Borough may require the Superior Officer to submit acceptable medical evidence substantiating the need for sick leave.
4. If a Superior Officer is absent from work for reasons that entitle him to sick leave, the Police Department shall be notified as early as possible, but no later than 1 hours prior to the start of the scheduled work shift from which he is absent, except in the case of an emergency. Failure to so notify may be cause for denial of the use of sick leave for that absence and could constitute cause for disciplinary action.
5. The term immediate family for the purpose of this Article shall include the following:
a) spouse; b) parent; c) step-parent; d)child; e) foster child; and f) any other relative residing in the Superior Officer’s household.
6. Sick leave shall accrue for the Superior Officer at the rate of 120 working hours in every calendar year of employment, and shall accumulate from year to year, to be used as set forth herein.
7. The Superior Officer, at his option, may sell back to the Borough one-half (.5) of all sick hours in excess of nine hundred sixty (960) for an amount equal to that of the employee’s hourly rate of pay times the amount of sick hours exchanged. The maximum amount exchangeable in a calendar year shall be one hundred sixty (160) hours for receipt of eighty (80) hours pay. At no time may the Superior Officer sell to the Borough an amount that would cause the Superior Officer to fall below the minimum nine hundred sixty (960) hours.. The employee shall notify the Borough on or before January 31 of his option to elect this section of the agreement. Payment for the above shall be received by the employee prior to March 1 of the current year and payable at the previous years rate. Accrued sick day totals for the purpose of buy back shall be as of December 31 of the previous year.
1. In the event the Superior Officer becomes disabled by reason of work-related injury or illness and is unable to perform his duties, then, in addition to any sick leave benefits otherwise provided for in this agreement, the Superior Officer shall be entitled to full pay for a period of 12 months. If the Superior Officer exercises this right, he shall surrender to and deliver any workman’s compensation salary payments to the Borough in order to receive his entire salary payment.
2. When injured while working, whether slight or severe, the Superior Officer must make an immediate report, if practicable, prior to the end of the shift. Failure to report any injury may result in the failure of the Superior Officer to receive compensation under this Article.
3. The Superior Officer shall be required to present evidence, by way of a certificate or report of a physician designated by the Borough, that he is unable to work, and the Borough may reasonably require the Superior Officer to present such a certificate or report from time to time.
4. In the event the Boroughs physician certifies the Superior Officer fit to return to active duty, injury leave benefits granted under this Article shall be terminated. However, if the Superior Officer disputes the determination of the Borough physician, then the Borough and the Superior Officer shall mutually agree upon a third physician, who shall then examine the Superior Officer. The cost of the third physician shall be borne equally by the Borough and the Superior Officer. The determination of the third physician as to the Superior Officer’s fitness to return to active duty shall be final and binding upon the parties. In the event the this physician also certifies the Superior Officer fit to return to active duty, any injury leave benefits granted under this Article shall be terminated.
1. In the event of death in the Superior Officer’s immediate family (herein defined as either a spouse, parent, step-parent, grandparent, sibling, child, foster child, step-child, grandchild, parent-in-law, daughter-in-law or son-in-law) or any other relatives residing in the Superior Officer’s home, the Superior Officer shall be granted time off, without loss of pay, commencing no later than the day of the funeral, but in no event to exceed three (3) working days.
2. Notwithstanding any other provision of this Article, special funeral leave without loss of pay will be granted to the Superior Officer for a period of ten (10) days due to the death of a spouse, provided that such spouse has left a surviving minor child or children, otherwise, such special funeral leave will be for a period of five (5) days.
1. The Superior Officer shall be entitled to 240 hours vacation time annually.
2. Vacation allowance must be taken during the current calendar year at such time as permitted by the appointing authority, unless the employee elects to exercise his option set forth in Section 3 herein.
3. A Superior Officer who is retiring or who otherwise is separated shall be entitled to the vacation for the current year prorated upon the number of months worked in the calendar year in which the separation or retirement becomes effective and any vacation leave which may have been carried over from the preceding year.
Whenever a Superior Officer dies having to his credit any annual vacation leave and/or compensatory time (full amount due to date of death), and sick leave (up to a maximum of ½ of the accumulated amount of 960 hours maximum), there shall be calculated and paid to his estate a sum of money equal to the compensation on his salary at the time of his death.
If a holiday falls in the vacation period, the vacation shall be extended accordingly, such as number of hours.
It is the policy of the Borough that each employee take advantage of the authorized vacation period for the reasons of health, rest, relaxation and pleasure and this extra compensation in lieu of vacation shall not be allowed unless prior authorization shall be obtained from the Chief of Police
All Superior Officers shall submit requests for vacation at least three (3) weeks in advance to the Chief of Police, in duplicate, on the form provided by the Chief of Police for that purpose.
The chief of Police has the authority to deny vacation leave for good cause.
1. The Superior Officer shall be entitled to receive the same holiday benefits as are accorded to Department Heads in the Borough.
2. When any these holidays shall occur on a Saturday or Sunday, the holiday shall be observed as declared by the Borough of Wanaque.
PERSONAL DAYS/ADMINISTRATIVE DAYS
1. The Superior Officer may utilize forty (40) hours a year for leave for personal, business, household, or family matters, deducted from sick days, and such leave shall not accumulate from year to year.
2. The Superior Officer shall be credited with 120 hours of Administrative Leave time on January 1 of each year. Said Administrative Leave hours must be taken in the year that they are credited. No additional time, compensatory or otherwise, shall be credited to the Superior Officer
3. An application for personal/administrative leave hours should be submitted to Borough and should state the reasons for requesting a personal day only. Except in the event of an emergency, the request for a personal/administrative leave day must be submitted at least five (5) days in advance, except where exigent circumstances prevent the giving of such notice. The approval or denial of any requested personal/administrative leave day must be communicated by the Borough to the Superior Officer within two (2) days after receiving the application for a personal day.
INSURANCE, HEALTH, WELFARE AND EYE EXAMINATIONS
1. The Borough shall maintain medical insurance coverage for the benefit of the Superior Officer and his family (herein defined as a spouse or dependant) at levels of not less than those presently in effect. The Borough shall have the right to change insurance coverage so long as it is substantially similar to, or improved upon, the benefits currently provided. At no time shall the Superior Officer receive less medical insurance coverage than that which is received by any other member of the Police Department.
2. The Borough will provide to the Superior Officer who retires (25 years or more of pensionable service under PFRS or Disability retirement) a fully paid hospitalization/major medical, dental and orthodontic program until the retiree attains the age eligibility for Medicare. Retired employees will receive the same type of coverage as is granted to current Borough Police Department employees. If active police department employees’ coverage is changed from one carrier to another, retiree coverage will also change to that carrier. The type of coverage that the retiree will receive shall be determined by the type of coverage (single, husband/wife or family) that an employee maintained when employed by the Borough at the time of retirement. If the retiree coverage is ever removed from the collective bargaining agreement, those employees receiving such at the time of removal will continue to maintain said coverage until the retiree attains the age eligibility for Medicare.
3. The Borough shall supply the Superior Officer with necessary legal advice and counsel in the defense of charges filed against him in the performance of his duties in accordance with the laws of the State of New Jersey and of the United States. The selection of an attorney may be made by the Superior Officer, subject to the approval of the Borough, and such approval shall not be unreasonably withheld by the Borough. The Borough shall similarly be responsible for indemnification and counsel in connection with all claims, including compensatory and punitive damages, for actions filed subsequent to the expiration of this agreement.
4. Life Insurance of $20,000.00 will also be provided by the Borough at no cost to the Superior Officer.
5. The Borough will pay fifty (50%) of each person’s prescription, with a maximum of fifty ($50.00) dollars per year, per family. Employees shall be limited to pharmacies listed herein:
1. The Superior Officer and the Borough agree that there shall be a clothing allowance provided to the Superior Officer in an amount equal to that of Rank and File members of the Police Department.
2. The Borough shall replace any clothing or personal items damaged or destroyed in the line of duty, or reimburse the Superior Officer for the cost of replacing such items, provided reasonable replacement costs are mutually agreed to between the Borough and the Superior Officer.
Effective January 1, 2015, all employees covered by this Agreement shall be entitled to received the wage rates for their particular job title as noted below:
2015 130,459 143,504
2016 133,068 146,374
2017 135,729 149,301
2018 138,443 152,287
2019 141,211 155,332
2. Detective standby pay for each group of employees will be an amount equal to that of Rank and File members of the Police Department.
1. The Superior Officer shall be paid, in addition to and together with his annual base salary, additional compensation based upon the length of his service and determined according to the following schedule:
Total Years of Service % of Annual Base Salary
After four (4) years 2%
After eight (8) years 4%
After twelve (12) years 6%
After sixteen (16) years 8%
After twenty (20) years 10%
2. Longevity pay shall be applied on the basis of the Superior Officer anniversary date of employment. Payment shall be made the same as other salary, and deductions shall be made so that this additional pay may be counted towards the final average salary for pension purposes.
COLLEGE INCENTIVE PAY
A. All employees who successfully complete approved courses in a recognized institution of higher learning in a program leading to a degree in Police Science/Criminal Justice shall receive the sum of twenty ($20.00) dollars per credit hour upon completion of such credit hours.
B. The maximum payable under this article shall be limited to one hundred twenty (120) credits.
C. Such compensation shall be payable, subject to presentation to the Police Chairman of evidence of successful completion of the course, with a C average.
D. All employees who have successfully completed college from an accredited institution of higher learning obtaining a Associates Degree shall have a sum of $250.00 added to their base salary.
E. All employees who have successfully completed college from an accredited institution of higher learning obtaining a bachelors Degree shall have a sum of $500.00 added to their base salary.
F. All employees who have successfully completed college from an accredited institution of higher learning obtaining a Masters Degree shall have a sum of $750.00 added to their base salary.
EMERGENCY MEDICAL TECHNICIAN (EMT) INCENTIVE PAY
A. All Employees who successfully complete and maintain an accredited EMT program, not at the expense of The Borough of Wanaque in any way shall have a sum of $1,500.00 added to their base salary. Proof of said Certificate may be required by the Borough.
1. To the extent that the Borough enters into an employment and/or a collective bargaining agreement with any police or superior officer during the life of this contract which provides for a greater or lesser benefit than that set forth herein (e.g. higher/lower clothing allowance, greater longevity, etc.), this Agreement shall be automatically amended to provide for such greater/lower benefit.
SEPARABILITY AND SAVINGS
If any provision of this agreement, or any application of this agreement, is held to be invalid by operation of law or by a court or other tribunal of competent jurisdiction, such provision shall be inoperative, but all other provisions shall not be affected thereby and shall continue in full force and effect.
FULLY BARGAINED PROVISION
This agreement represents and incorporates the complete and final understanding and settlement by the parties on all bargainable issues, which were or could have been the subject of negotiations. During the term of this agreement, neither party will be required to negotiate with respect to any such matter, whether or not covered by this agreement, and whether or not within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this agreement.
CONTINUATION OF BENEFITS NOT COVERED BY THIS AGREEMENT
All employment conditions not covered by this agreement shall continue to be governed, controlled, and interpreted by reference to either the Borough Charter, Ordinances, or Rules and Regulations of the Police Department for the Borough, and any present or past benefits which
the Superior Officer customarily enjoys, but that have not been specifically included in this agreement, shall be continued.
TERM AND RENEWAL
THIS AGREEMENT shall be in full force and effect as of January 1, 2015 and shall remain in effect to, and including, December 31, 2019. This contract will remain in force until such time as it is re-negotiated by the parties.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date specified below:
SUPERIOR OFFICERS ASSOC. ON BEHALF OF THE
WANAQUE POLICE F.O.P. #145 THE BOROUGH OF WANAQUE
SUPERIOR OFFICERS ASSOC. ATTEST:
WANAQUE POLICE F.O.P. #145