A G R E E M E N T
Township of Randolph
MORRIS COUNTY, NEW JERSEY
THE FRATERNAL ORDER OF POLICE
SUPERVISORY OFFICERS INCLUDING, LIEUTENANTS AND SERGEANTS
JANUARY 1, 2004 THROUGH DECEMBER 31, 2007
I RECOGNITION....................................... 4
II MANAGEMENT RIGHTS................................. 5
III LODGE RIGHTS...................................... 6
IV EQUAL EMPLOYMENT OPPORTUNITY POLICY............... 8
V WORK WEEK ........................................ 9
VI HOLIDAYS.......................................... 11
VII VACATIONS......................................... 12
VIII SICK AND BEREAVEMENT LEAVE........................ 13
IX WORK INCURRED INJURY.............................. 16
X SALARIES.......................................... 18
XI POLICE SCHOOL..................................... 19
XII CLOTHING ALLOWANCE................................ 20
XIII INSURANCE......................................... 21
XIV HOSPITALIZATION AFTER DISABILITY.................. 23
XV NO-STRIKE PLEDGE.................................. 24
XVI LONGEVITY......................................... 25
XVII TRAVEL ALLOWANCE ................................. 26
XVIII COLLEGE CREDITS & COLLEGE DEGREE ................. 27
XIX GRIEVANCE PROCEDURE............................... 29
XX SEPARABILITY AND SAVINGS.......................... 32
XXI WORK IN HIGHER RANK............................... 33
XXII TERMS OF AGREEMENT................................ 34
SCHEDULES A & B.................................... 35
This AGREEMENT entered into this 1st day of May 2005 by and
between the TOWNSHIP OF RANDOLPH, in the County of Morris, New Jersey,
a Municipal Corporation of the State of New Jersey, hereinafter called
the "Township", and LODGE #25, THE FRATERNAL ORDER OF POLICE, herein-
after called the "Lodge".
The Township hereby recognizes the Lodge as the exclusive collective
negotiations agent for Supervisory Officers employed in the Police Department of
A. The Township hereby retains and reserves unto itself, without
limitations, 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, including, but without limiting the generality of the foregoing,
the following rights:
l. To the executive management and administrative control of
the Township Government and its properties and facilities and the
activities of its employees;
2. To hire all employees subject to the provisions of law, to
determine their qualifications and conditions for continued employment or
assignment and to promote and transfer employees;
3. To suspend, demote, discharge or take other disciplinary
action for good and just cause according to law.
B. Nothing contained herein shall be construed to deny or restrict
the Township of its powers, rights, authority, duties and
responsibilities under R.S. 40 and R.S. ll or any other National, State,
County or Local laws or ordinances.
A. The Township agrees to grant time off, as provided by State
Statute, to any employee designated by the Lodge to attend State and
international meetings or conventions, provided seventy-two (72) hours
written notice is given to the Chief of the Department by the Lodge. No
more than two (2) employees from both units, that is, a total of two (2),
shall be granted time off at any one time, unless an employee of the
Township of Randolph is elected as an officer in the State and/or
National organization. In such cases, one such elected State-wide
officer may be granted time off in addition to the two (2)
representatives stated above. In addition, one other member from both
units, that is, a total of one, shall be granted time off under the
provisions of this paragraph to attend the annual meeting of the National
Lodge of the Fraternal Order of Police.
B. During Collective Negotiations, authorized Lodge
Representatives, not to exceed three (3), including the President of the
Lodge, shall be excused from their work duties to participate in
collective negotiations sessions which may be mutually scheduled to take
place during their regularly scheduled work time, and shall suffer no
loss of regular pay thereby, however, other off-duty officers may participate
in such negotiations.
C. The Township agrees that the F.O.P. shall have the right through
a three (3) officer committee including the President of the Lodge, to make
recommendations and suggestions in connection with the revision of the
present Police Department Rules and Regulations. The impact of such
revision of rules on working conditions, if any, shall be negotiated with
D. The Township agrees that in the event that disciplinary action is
taken in the form of formal, filed charges against any officer, said
officer shall be permitted to have his personal attorney, the Lodge
Attorney and/or the Lodge President present at such formal proceedings,
provided that all costs for such persons shall be borne soley by the
Officer and/or the Lodge.
EQUAL EMPLOYMENT OPPORTUNITY POLICY
A. It is mutually agreed that there shall be no discrimination
because of race, color, religion, sex, age, marital status, national
origin, or physical disability unless based upon a bona fide job
requirement. Lodge and Township representatives shall work cooperatively
to assure the achievement of equal employment opportunities. Any
employee who fails to cooperate to this end shall be subject to
disciplinary action. Furthermore, employees who feel they have been
discriminated against shall be encouraged to use the grievance provisions
of this contract prior to seeking relief through other channels.
It is understood that the Lodge does not have any role in the hiring,
discipline or dismissal of any employee.
WORK WEEK AND OVERTIME
A. The normal work week for Supervisory Officers shall begin on Monday
Morning at 12:0l a.m. and end on the following Sunday at 12:00 midnight. The
regular hours of work shall be eight (8) hours per day, forty (40) hours
B. B. It is understood by the parties hereto that Superior Officers covered by this Ageement are managerial positions to which men are appointed through promotion and are compensated as such. Therefore, although the hours set forth above are those which should be maintained, if the managerial or supervisory responsibilities of these positions require additional effort to be met, such additional effort will be put forth in order to meet those requirements with the exceptions as stated in Paragraphs C and E.
C. Sergeants shall receive overtime compensation when required to remain on duty in order to assume the duties of a shift leader who is absent without prior notification due to their exercise of command functions which may not be efficiently transferred to another command officer.
D. Should it become necessary for an employee to appear to testify
in superior, county, municipal or other court on official business during
other than his regularly scheduled duty time, such employee shall receive
compensation for such appearance at time-and-one-half. Employees will be paid
for a minimum of two hours for all call-ins. In lieu of cash
payment, an employee may opt for compensatory time off at the rate of
time-and-one-half the hours worked. Such time may be taken only when
scheduled by the Chief so as not to interfere with departmental
E. All personnel shall have the option of receiving compensatory time
at their time and one half rate when they are required to work other than
their normally scheduled shift assignment. All compensatory time shall
continue to be taken subject to the approval of the Chief of Police or his
F. For the purpose of this article, the hourly pay rate shall be
calculated by combining standard base pay rates with longevity
increments, where applicable. The time and one half rate shall be
calculated by multiplying the hourly rate by l.5.
A. The Township agrees to provide thirteen (13) paid holidays to
B. Compensation for these thirteen (13) days shall be incorporated into
the employee’s base rate of pay, but shall not be used in the computation of
overtime compensation. An employee must have been on the payroll during the
holiday to receive compensation therefore.
C. The designated holidays are:
New Year's Day Labor Day
Martin Luther King's Birthday General Election Day
Washington's Birthday Veteran's Day
Good Friday Thanksgiving
Easter Day after Thanksgiving
Memorial Day Christmas
Fourth of July
A. All employees shall receive vacations as follows:
After lst year - 2 weeks
January lst following the sixth
year of service - 3 weeks
January lst following the thirteenth
year of service - 4 weeks
January lst following the eighteenth
year of service - 4 weeks plus one (l)
additional day for each year served over 18
B. Vacations are to be effective from January l to December 3l, and are granted on a calendar year basis for employees who remain on the payroll continuously and without interruption for the requisite number of years. Leaves of absence shall neither break continuity of service, nor be counted for purposes of accruing additional vacation under this section. Issues which may arise as to creditable service shall be controlled by applicable law.
C. Vacations must be taken during the current calendar year at such time as permitted or directed by the Chief of Police, unless the Chief determines it may not be taken due to pressure of work. In case of the latter, unused vacation shall be carried forward into the next succeeding year, in which it must be granted.
SICK AND BEREAVEMENT LEAVE
I. SICK LEAVE
A. Service Credit for Sick Leave
l. All employees shall be entitled to sick leave with pay based
on the current rate of compensation for their rank.
2. Sick leave may be utilized by employees when they are unable
to perform their work by reason of personal illness, accident or exposure
to contagious disease, which is not related to their status as police
B. Amount of Sick Leave
l. Sick leave with pay shall accrue to any full time employee
on the basis of twelve (12) days per year.
2. Any amount of sick leave allowance not used in any calendar
year shall accumulate to the employee's credit from year to year to be
used if and when needed for such purposes.
C. Reporting of Absence of Sick Leave
l. If any employee is absent for reasons that entitle him to
sick leave, his supervisor shall be notified prior to the employee's
starting time, except in emergencies.
(a) Failure to notify his superior, or desk officer, may be
cause for denial of the use of sick leave for that absence.
(b) Absence without notice for five (5) consecutive days
may result in disciplinary action which may include dismissal in
accordance with law.
D. Verification of Sick Leave
l. An employee who shall be absent on sick leave for four (4)
or more consecutive working days may be required to submit acceptable
medical evidence substantiating the illness. The Township may require
proof of illness of an employee on sick leave, however, whenever such
requirement appears reasonable. Abuse of sick leave may be cause for
2. The Township may require an employee who has been absent
because of personal illness, as a condition of his return to duty, to be
examined at the expense of the Township by a physician of the Township's
choice. Such examination, together with other relevant medical evidence,
shall establish whether the employee is capable of performing his normal
duties and that his return will not jeopardize the health of other
3. Employees absent on sick leave shall be required to be either at
home, obtaining medical treatment or medication or in transit to a medical care
facility or pharmacy.
D. Payment for Accumulated Sick Leave at Retirement
1. Patrol Officers shall be eligible to receive 50% of accumulated sick leave at retirement based on the following schedule:
Maximum Number of Days to be Paid
Years of Service (50% of Accumulated Days up to the
2. The benefit shall be calculated at the employee’s current salary at the time of retirement and shall be paid within 30 days from the effective date of retirement.
3. It is strongly recommended that employees who expect to retire
formally advise the Chief of Police of their retirement date no later
than January 15 of the year of retirement to assure availability of
funds for this benefit.
II. BEREAVEMENT LEAVE
A. In case of death in the immediate family, an employee shall be
granted up to three (3) days leave.
B. Immediate family shall be defined as the employee's husband,
wife, child, stepchild, mother, father, brother, sister, grandparents,
father-in-law, mother-in-law, brother-in-law or sister-in-law.
C. Reasonable verification of the event may be required by the
D. In the event of a death in the immediate family which would
cause the employee to travel considerable distance or would otherwise
entail additional time off, a maximum of five (5) days may be granted by
the Chief of Police at his discretion in unusual or extraordinary
WORK INCURRED INJURY
A. For the purpose of this Article, injury or illness incurred
while the employee is acting in any employer authorized activity, shall
be considered in the line of duty.
B. Where an employee covered under this Agreement suffers a work
connected injury or disability, the employer shall continue such employee
at full pay for a period not to exceed one (l) year, during the
continuance of such employee's inability to work. During this period of
time, all temporary disability benefits accruing under the provisions of
the Workmen's Compensation Act or any other insurance paid for by the
employer, shall be paid over to the employer. The employee may be
required to present evidence by a certificate from a responsible
physician that he is unable to work. The employer may require the said
employee to present an additional certificate from the Police Surgeon or
other designated Township physician; however, if such certificate is
required, then the employee shall not be caused to pay for same.
C. In the event the employee contends that he is entitled to a
period of disability beyond the period established by the treating
physician, or a physician employed by the employer or by 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 Workmen's Compensation or by the final
decision of the last reviewing court, which shall be binding upon the
D. In the event a dispute arises as to whether an absence shall be
computed or designated as a sick leave or as an injury on duty, the
parties agreed to be bound by the decision of the last reviewing court.
E. 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.
A. The salary rates for Supervisory Officers for 2004, 2005, 2006 and 2007
shall be as listed on the schedule attached hereto as Schedule A.
B. Detective pay in the amount of $1,375 per year shall be included in the employee’s base pay but shall not be used in the computation of overtime. Detective pay is conditioned upon assignment to detective work, which includes on-call responsibilities/scheduling and the wearing of a pager while off duty.
C. All personnel will receive their increments as of January 1st annually.
A. Supervisory Officers may be required to attend police training
B. Any Supervisory Officer required to attend training schools or
meetings beyond his regular tour of duty may receive compensatory time
off where the granting of such time would not interfere with departmental
operations, in the opinion of the Chief of Police. Where granted, such
time shall be at the rate of one-and-one-half hours for the time while
actually attending school.
A. The Township will supply uniforms to all members of the
Uniformed Force. The issue of various items of uniform and equipment
will be on an as needed basis, with ultimate responsibility for
determination as to need, with the Chief of Police.
B. Effective January 1, 2005, the clothing maintenance and cleaning
allowance is rolled into all steps of the salary guide. All Supervisory
Officers are expected to maintain their uniforms in accordance with departmental
C. Funds shall be made available to Supervisory Officers assigned to
plain clothes to reimburse for repair and replacement of clothing damaged
while on duty. Reimbursements will be made available on a receipt turn-in
basis through the Chief of Police.
The plain clothes clothing reimbursement/repair allotment shall not exceed
an annual maximum of $575.
A. The employer shall provide for each full-time employee and his
or her dependants the following health insurance:
1. Health care insurance as currently provided through the North
Jersey Municipal Employee Benefits Fund.
2. Long Term Disability Insurance as currently provided.
3. Group Life Insurance ($10,000 Municipal Policy)
B. The employer reserves the right to change network provider and/or
insurance carriers, so long as substantially similar benefits are provided.
C. The Choice 10 Plan shall be the base plan for coverage;
Employees opting for coverage with premiums exceeding the Choice 10
option shall contribute all costs in excess of the Township contributions for
the base policy plan.
D. For employees appointed after January 1, 2005;
The employee shall be responsible for 20% of the premium for dependent
coverage under the Choice 10 plan.
E. Employees who receive hospital and medical coverage through their
spouse’s employer may surrender their benefits for cash. The Township will
distribute a questionnaire in November and the coverage period will begin the
following January 1st. Employees must be able to document their alternate
coverage and will not be able to re-enter the Health Insurance Program until the
next open enrollment period. The Township will provide one-half of the
insurance premium savings that it realizes as a result of the employee’s action.
(Note that the cash payment is taxable) Payment will be made in two
installments, April and October.
F. All current employees shall receive a “one-time-only” cash incentive
payment to switch from one of the three (3) Choice Plus Plans to the “Aetna
Patriot V” plan. The cash incentive payment shall be equal to 50% of the
difference between the cost of the “Choice Plus 10” plan and the cost of the
“Aetna Patriot V” plan.
G. In accordance with C and D above, the employer agrees to pay the
premium or periodic charges for the benefits provided to all eligible retired
employees and their dependents covered under the program. If such employees
retired from a State retirement system on a benefit based on 25 years or more of
service credited in such retirement system, but including the employees who
retired on a disability pension based on fewer years of service credited in such
retirement system, the Township will also reimburse such retired employees for
their premium charges under Part B of the Federal Medicare Program covering the
retired employee and their spouses.
H. The Township will provide payment toward the cost of a dental
plan for Township employees up to a maximum of $600. per year.
If the dental plan is discontinued in the future, the annual sick
leave allowance for employees shall revert to fifteen (15) days.
HOSPITALIZATION AFTER DISABILITY
A. Any Supervisory Officer who retires due to a disability incurred in
the line of duty, shall be entitled to hospitalization benefits to the
same extent that benefits are provided in the standard policy of the
Township for active employees.
B. This coverage shall continue during the lifetime of the disabled
Officer and their spouse under the family plan, but shall terminate as to the
spouse upon his/her remarriage after the officer’s death or divorce.
A. The Lodge covenants and agrees that during the term of this
Agreement neither the Lodge nor any person acting in its behalf will
cause, authorize, or support, nor will any of its members take part in
any strike (i.e., the concerted failure to report for duty, or willful
absence of any employee from his position, or stoppage of work or
abstinence in whole or in part, from the full, faithful and proper
performance of the employee's duties of employment), work stoppage,
slowdown, walkout or other job action against the Township. The Lodge
agrees that such action would constitute a material breach of this
B. In the event of a strike, slowdown, walkout, or other deliberate
interference with normal work procedures, it is covenanted and agreed
that participation in any such activity by any employee covered under the
terms of this Agreement shall be deemed grounds for disciplinary action
in accordance with applicable law.
C. The Lodge will actively encourage the prevention or termination
of any strike, work stoppage, slowdown, or walkout or other job action
against the Township.
D. Nothing contained in this Agreement shall be construed to limit
or restrict the Township in its right to seek and obtain such judicial
relief as it may be entitled to have in law or in equity for injunction
or damages, or both, in the event of such breach by the Lodge or its
members in accordance with applicable law.
A. In addition to base salary, Supervisory Officers initially appointed prior to January 1, 2001 shall be entitled to compensation as a reward for long-term service to the Township.
B. Longevity increments shall be computed annually as of January
lst based upon the completion of service anniversaries according to the
l. January lst after fifth year of service 2% of base pay
2. January lst after tenth year of service 4% of base pay
3. January lst after fifteenth year of service 6% of base pay
4. January lst after twentieth year of service 8% of base pay
5. January lst after twenty-fifth year of service 10% of base pay
C. No longevity compensation shall exist for Supervisory Officers
who were hired by the Township after January 1, 2001.
A. Supervisory Officers shall be compensated for using their personal
vehicles for attendance at required police schools, or in other approved
official police business at the rate of $.20 per mile.
B. Supervisory Officers may receive up to $8.00 per meal when travelling
on official business. Compensation shall be made upon the officers
return and presentation of receipts.
COLLEGE CREDITS AND COLLEGE DEGREE PAY
A. Supervisory Officers shall receive additional annual compensation at
the rate of $l5.00 per credit for a maximum of 67 credits upon the
completion of college credit courses resulting from enrollment in a
specific police science or law enforcement curriculum; and provided that
a grade average of "C" has been maintained.
B. Compensation for college credits shall be incorporated into the
employee’s base rate of pay, but shall not be used in the computation of
C. The foregoing compensation schedule shall not apply to any
courses taken in the basic police program at Sea Girt Police Academy.
In the event an employee has completed college courses in a
curriculum other than police science or law enforcement, compensation for
such credits can be provided for accepted transfer courses on a
one-for-one basis after enrollment and completion of credits in the major
field of police science. That is, when an employee enrolls and completes
three (3) credits in a police science course, he or she shall also be
entitled to compensation for (3) credits in English or another course
which is accepted as a transfer course toward a degree; when six (6)
credits in police science courses are completed, compensation for (6)
transfer courses can be provided and this procedure continued until a
maximum of 67 credits is earned.
D. Supervisory Officers who hold an Associate’s Degree from an
accredited community college shall receive $1005 annually in lieu of $15 per
credit as described in Section A.
E. Supervisory Officers who hold a Bachelor’s Degree from an accredited
university or college shall receive $1500 annually in lieu of $15 per credit as
described in Section A.
l. The purpose of this procedure is to secure, at the lowest
possible level, an equitable solution to the problem which may arise
affecting the terms and conditions of this Agreement and to resolve
grievances as soon as possible so as to assure efficiency and promote
employees' morale. The parties agreed that this procedure will be kept
as informal as may be appropriate.
2. Nothing contained herein shall be construed as limiting the
right of any employee having a grievance to discuss the matter informally
with the Head of the Department and having the grievance adjusted without
the intervention of the F.O.P.
The term "grievance" as used herein means any controversy arising
over the interpretation, application or violations of any policy,
agreement or administrative decision affecting the terms and conditions
of this Agreement and may be raised by an individual or the F.O.P. on
behalf of and at the request of an employee or group of employees.
C. Steps of the Grievance Procedure
The following constitutes the sole and exclusive method for
resolving grievances between the parties covered by this Agreement and
shall be followed in its entirety unless any step is waived by mutual
STEP ONE: The moving party shall present the grievance in
writing signed by the aggrieved to the Department Head within five (5)
calendar days of the occurrence giving rise to the grievance for the
purpose of resolution. In the discussion of the grievance, the persons
involved shall make an earnest effort to resolve the matter. The
Department Head shall make whatever additional investigation is necessary
and shall, within five (5) calendar days after presentation of
the grievance, give his decision.
STEP TWO: If a grievance is not resolved at Step One, the
moving party may, within five (5) calendar days of receipt of the answer
in Step One, submit the written grievance to the Township Manager, who
shall give his answer within five (5) calendar days of the presentation
of the grievance in Step Two.
STEP THREE: If the grievance is not resolved in Step Two, it
may be appealed in writing within five (5) calendar days after receipt of
the answer in Step Two to the Governing Body. Upon receipt of an appeal,
a meeting may be scheduled to discuss the grievance within fifteen (15)
calendar days of receipt of the appeal unless extended by mutual
agreement. The decision of the Governing Body shall be made not later
than ten (l0) calendar days after the Step Three meeting, or if no
meeting is held then the answer shall be given within fifteen (15)
calendar days of receipt of the grievance.
STEP FOUR: Arbitration:
(a) In the event the grievance has not been resolved at Step
Three, either party may within five (5) calendar days request
arbitration. The arbitrator shall be chosen in accordance with the Rules
of the Public Employment Relations Commission.
(b) The arbitrator shall be bound by the provisions of this
Agreement and restricted to the application of the facts presented to him
involved in the grievance. The arbitrator shall not have the authority
to add to, modify, detract from or alter in any way the provisions of
this Agreement or any amendment or supplement thereto.
(c) The costs of the service of the arbitrator shall be
borne equally between the Township and the F.O.P. Any other expense
incurred, including but not limited to the presentation of witnesses,
shall be paid by the party incurring same.
(d) The decision of the arbitrator shall be final and
D. A grievance will be considered settled upon its withdrawal in
writing, or when the grievant ceases to be an employee by resignation or
when any time limit set forth above has expired for its appeal to the
next step. Failure to answer a grievance with the proper time shall be
deemed a denial and move it to the next step.
SEPARABILITY AND SAVINGS
A. If any provision of this Agreement, or any application of this
Agreement to any employee or group of employees is held 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 effected thereby and shall continue in full force
WORK IN HIGHER RANK
A. When an employee covered by this Agreement is formally assigned
to or required to perform the duties of a higher ranking officer on a
permanent basis or after four consecutive weeks, the employee shall
receive the pay of that higher rank together with any benefits and
privileges which may go with that higher rank.
B. Paragraph A above shall not apply to temporary assignments,
wherein an officer is required to fill in for an absent superior, due to
illness, vacation or similar reasons, in an "acting" capacity.
TERMS OF AGREEMENT
This Agreement shall take effect from January l, 2004, and shall
remain in full force and effect through December 31, 2007, and thereafter
from year to year unless either party shall give notice in writing of a
desire to amend or terminate the same in accordance with rules and
regulations of the New Jersey Public Employment Relation Commission. All
changes by the moving party must be submitted in writing at the time the
initial aforesaid notice is given. Thereafter, the responding party
shall have thirty (30) days to give notice of proposed changes and/or
counter proposals in writing. No such changes by either party shall be
considered which are not received in accordance with this section.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
and seals at Randolph, New Jersey, on this 1st day of May 2005.
LODGE #25, THE FRATERNAL ORDER TOWNSHIP OF RANDOLPH
OF POLICE (Superiors) MORRIS COUNTY, NEW JERSEY
Keith Donovan, President Allen Napoliello, Mayor
Frances S. Bertrand
SUPERVISORY OFFICER'S SALARIES
POSITION 2003 2004 2005* 2006 2007
Lieutenant $87,128 $90,395 $94,589 $98,136 $101,816
Sergeant $80,083 $83,086 $87,006 $90,269 $93,654
SALARY SCHEDULE FORMULA
2005* add $775 for clothing, apply 3.75%