Contract Between
Newton-Sussex
- and -
PBA Loc 138
* * *
01/01/2002 thru 12/31/2005


CategoryMunicipal
UnitPolice Officers

Contract Text Below
Certification
I declare to the best of my knowledge and belief that the attached document(s) are true electronic copies of the executed collective negotiations agreement(s).




                Name : Teresa A. Oswin Title: Administrative Assistant to the Town Manger
AGREEMENT









                          Between





                TOWN OF NEWTON SUSSEX COUNTY, NEW JERSEY




                          And





            POLICEMEN’S BENEVOLENT ASSOCIATION LOCAL NO. 138








              January 1, 2002 through December 31, 2005




                    39 Trinity Street Newton, NJ 07860-1823
LOCCKE & CORREIA P.C.
24 Salem Street Hackensack, New Jersey 07601 (201) 488-0880
TABLE OF CONTENTS




ARTICLE NO. TITLE PAGE
    PREAMBLE .................................................................................................. 1
    1

    PURPOSE .................................................................................................. 2

    2

    INTENT .................................................................................................. 3

    3

    RECOGNITION .................................................................................................. 4

    4

    MANAGEMENT RIGHTS...................................................................................... 5

    5 GRIEVANCE PROCEDURE ................................................................................... 6
    6 DUTIES OF OFFICERS ......................................................................................... 7




    7 EMPLOYEE RIGHTS........................................................................................... 8









    8 WORK WEEK .................................................................................................. 9




    9 SCHEDULING ................................................................................................ 10




    10 SENIOR OFFICER DIFFERENTIAL COMPENSATION............................................ 11




    11 OVER-TIME ................................................................................................ 12




    12 CALL BACK ................................................................................................ 13




    13 WAGES ................................................................................................ 14




    14 LONGEVITY ................................................................................................ 16




    15 HOLIDAYS ................................................................................................ 17




    16 VACATION ................................................................................................ 18




    17 SICK LEAVE & PERSONAL LEAVE ................................................................... 19




    18 TERMINAL LEAVE ........................................................................................... 22




    19 CLOTHING ALLOWANCE.................................................................................. 23




    20 UNIFORM CLEANING ....................................................................................... 24







21 COLLEGE CREDITS, TEXTBOOK REIMBURSEMENT,
TUITION REIMBURSEMENT, AND IN-SERVICE TRAINING .................................. 25
    22 GROUP INSURANCE & DENTAL PLAN AND VISION PLAN................................. 26
    23 HEALTH EXAMINATION & FLU SHOT .............................................................. 27




    24 MEDICAL BENEFITS UPON RETIREMENT.......................................................... 28




    25 WEAPONS QUALIFICATION.............................................................................. 29




    26 POLICE VEHICLES & EQUIPMENT .................................................................... 30




    27 MEAL AND MILEAGE ALLOWANCE ................................................................. 31




    28 CEREMONIAL ACTIVITIES................................................................................ 32




    29 INVESTIGATION OF POLICE OFFICERS.............................................................. 33




    30 AGENCY SHOP ................................................................................................ 34




    31 PRESERVATION OF RIGHTS .............................................................................. 35




    32 SAVINGS CLAUSE ............................................................................................ 36




    33 TERM & RENEWAL.......................................................................................... 37




    34 FULLY BARGAINED PROVISION ....................................................................... 38

            WAGE GUIDE ................................................................................................ 39
-ii-
PREAMBLE


This Agreement is dated the ______ day of _____________, 2004 between the Town of Newton, a municipal corporation of the State of New Jersey, hereinafter referred to as the “Town”, and the Policemen’s Benevolent Association, Local No. 138, hereinafter referred to as the “Association”.
ARTICLE 1 PURPOSE

This Agreement is entered into to promote and ensure harmonious relations, cooperation and understanding between the Town and those members of the Association employed thereby.
ARTICLE 2 INTENT

It is the intention of the parties involved that this Agreement be constructed in harmony with the rules and regulations of the Civil Service Commission, Public Employment Relations Commission rules and regulations, statutes of the State of New Jersey, ordinances of the Town, and rules and regulations of the Police Department as they exist at the time of execution.
                        ARTICLE 3 RECOGNITION
The Town recognizes the Association as the exclusive negotiating agent and representative for all sworn Patrolmen employed by the Town within the Newton Police Department.
ARTICLE 4 MANAGEMENT RIGHTS

A. The Town retains unto itself without limitation the powers, rights, authority and responsibilities conferred upon it and vested in it prior to the signing of this Agreement by the laws and Constitution of the United States and the State of New Jersey, and of its Revised General Ordinances, including but not limited to, the right to:

1. 1. Executive management and administrative control of the Town government and the activities of its employees.
2. 2. Determine qualifications for employment, hire all employees according to applicable law, transfer, suspend, demote, promote or discharge employees for good and just cause.

ARTICLE 5

GRIEVANCE PROCEDURE


A. To provide for the expeditious and mutually satisfactory settlement of grievances arising with respect to complaints occurring under this Agreement, the following procedures shall be used.

B. For the purposes of this Agreement, the term “grievance” means any complaint, difference or dispute between the Town and an employee with respect to the interpretation, application, or violation of any of the provisions of this Agreement, or any applicable rule or regulation or policies, agreements or administrative decisions effecting any employee(s) covered by this Agreement.

C. The procedure for settlement of grievances shall be as follows:

1. 1. Step One: In the event that any employee covered by this Agreement has a grievance within ten (10) working days of the occurrence of the event being grieved, the employee shall present the grievance in writing to the Chief of Police, or the officer in charge of the Department in the event of the Chief’s absence, who shall respond within twenty (20) days.
2. 2. Step Two: If the Association wishes to appeal the decision of the Chief of Police (or the officer in charge if the Chief is absent), it shall be presented in writing to the Town Manager, or her designated representative, within ten (10) working days. This presentation shall include copies of all previous correspondence relating to the matter in dispute. The Town Manager, or her designated representative, may give the Association the opportunity to be heard, and will give her decision in writing within twenty (20) working days of receipt of the written grievance.
. 3. Step Three: a. If no satisfactory resolution of the grievance is reached at Step 2, then within five (5) working days, the grievance shall be referred to the Grievance Procedure under the Public Employment Relations Commission for the selection of an arbitrator, pursuant to the rules of said Commission. The decision of the arbitrator shall be final and binding upon the parties. The expense of such arbitration shall be borne equally by the parties.
. a. It is agreed between the parties that no arbitration hearing shall be held until after the expiration of at least thirty (30) days after the decision rendered by the Town or its representative on the grievance.
. b. Employees covered by this Agreement shall have the right to process their own grievance without representation.
. c. The cost of the arbitrator shall be borne equally by the parties, but each

INITIALS PBA: . TOWN: . CREATED ON 10/14/2004

party shall be responsible for such other costs as may be incurred by each.
ARTICLE 6 DUTIES OF OFFICERS

A. Senior Patrolmen, in the absence of Sergeants, will have patrol shift responsibility and will be held accountable for patrol shift activities to include assignment of patrol responsibilities and areas of coverage, proper dress, roll call at the beginning of each shift, and proper relief of shift to the next shift supervisor.

B. Patrol Officers are required to be in uniform and ready to assume patrol at the beginning of duty shifts.

C. Patrol Officers are required to remove the keys from the ignition of patrol vehicles when vehicles are unattended, except in emergency situations.

                      ARTICLE 7 EMPLOYEE RIGHTS
A. The Town will encourage the full security of all individual rights and privileges of its employees as citizens in a democratic society consistent with their duties and responsibilities as employees of the Town.

B. When the Executive Delegate of the Association is a Town employee, he/she shall be granted leave from duty with pay not to exceed one (1) day per month to attend to New Jersey State PBA business, provided he/she notifies the scheduling officer at least seven (7) days in advance of any said absence from duty.

C. When there is no Association Executive Delegate among the Patrolmen of the Newton Police Department, then the Local No. 138 may formally designate a representative and one alternate to attend County meetings. Should the designated representative be on duty when a County meeting is scheduled, then that person may attend, provided that the meeting is within five (5) miles of the Town limits, and constant radio communication is maintained.

D. This Agreement shall not exclude any benefits to which Association members, by reason of their employment by the Town, are presently entitled.

ARTICLE 8

WORK WEEK


A. The standard workweek for all employees covered by this Agreement shall be an average forty (40) hours per week in a fourteen (14) day work cycle.

B. The Town will consider any proposed schedule changes that are presented by the Patrolmen to prevent Officers from working continuously in excess of a period of time that unreasonably endangers the Patrolmen or the general public. Any schedule changes may be implemented by the Patrolmen only after such changes are deemed acceptable by both the Newton Chief of Police and the Town Manager.

ARTICLE 9

SCHEDULING


A. A steady shift work concept will be implemented under the direction of the Chief of Police during the term of this contract.

B. The shift preference of individual employees will be given consideration by the Chief of Police when formulating periodic work shift assignments.

C. The Town agrees to use its best efforts to ensure that two (2) regular employees are on patrol at all times.

ARTICLE 10 SENIOR OFFICER DIFFERENTIAL COMPENSATION

A. In those instances when a Patrolman is the senior officer on duty on any shift, in the absence of a ranking superior officer of Sergeant or above, that Patrolman shall be compensated for all hours worked on said shift(s) at the base rate of pay for a Step 1 Sergeant. At no time will the Patrolman described herein be paid less than his/her current salary, should the Step 1 Sergeant’s base salary ever fall below that of the Patrolman’s current base salary.

B. Compensation will be made in a lump sum payment payable on the first pay period of each calendar year for remuneration of those hours worked during the immediately preceding year.

ARTICLE 11

OVER-TIME


A. Over-time shall consist of all hours worked in excess of the regularly scheduled shift or work performed on a scheduled day off.

B. For the purposes of this Agreement, a scheduled work day which is taken as a sick or vacation day shall be construed as a normal day worked, except that any employee covered by this Agreement who takes a sick or vacation day and subsequently is called back to work as a shift replacement on the same calendar date shall be credited with a normal day worked and shall not receive over-time for such work.

C. Employees, except those working in the capacity of Detective, shall receive time and one-half for all hours worked in excess of eighty (80) hours in a fourteen (14) day cycle. All hours worked fewer than eighty (80) hours in a fourteen (14) day cycle shall be paid on a straight time basis. The first fourteen (14) day cycle of the new year shall begin with the first day of the first full pay period.

D. All employees will be fully compensated for valid over-time not later than the paycheck covering the final days of the fourteen (14) day work cycle. However, the Patrolmen may opt to receive compensatory time, rather than over-time pay, but may not carry over more than fifteen (15) hours of compensatory time from one calendar year to the next. The rate will be time and one-half.

E. A Patrolman Detective shall not receive over-time pay, but shall receive compensatory time off at the rate of one and one-half (1 ) hours for all hours worked over the normal forty (40) hour work week. Additionally, a Patrolman Detective shall receive proficiency pay in the amount of$2,000.00 per year in the employee‘s base pay.

F. If more than fifty (50) hours of compensatory time are accrued by December 1st of each year, the Town shall have the option of buying back those compensatory hours up to a maximum of $2,500.00, if the Patrolman Detective agrees to the buy back.

G. The Town will use its best efforts to ensure that each uniformed officer shall be given an equal opportunity to work over-time.

ARTICLE 12 CALLBACK

In the event of a callback to duty for emergency, school crossing, Breathalyzer operation, or any other similar duty, such employee shall be credited with a minimum of two (2) hours over-time.
ARTICLE 13

WAGES


A. As of August 30, 2004, the Salary Guide shall be amended to provide for an Academy Step that will be six months in duration and for the duration of this Contract term it shall be remain at $36,554.

B. The Salary Guide shall reflect the following increases:
1. 2002 Wage Classification Wage Increase Effective Date

      Patrolman 1st through 4th year 2.00% January 1, 2002 Patrolman 5th year 2.25% January 1, 2002


      Patrolman 1st through 4th year 2.00% July 1, 2002


      Patrolman 5th year 2.25% July 1, 2002





2. 2003 Wage Classification Wage Increase Effective Date
      Patrolman 1st through 4th year 2.00% January 1, 2003 Patrolman 5th year 2.25% January 1, 2003

      Patrolman 1st through 4th year 2.00% July 1, 2003

      Patrolman 5th year 2.25% July 1, 2003

3. 2004 Wage Classification Wage Increase Effective Date
      Patrolman 1st through 4th year 2.00% January 1, 2004 Patrolman 5th year 2.25% January 1, 2004

      Patrolman 1st through 4th year 2.00% July 1, 2004

      Patrolman 5th year 2.25% July 1, 2004

4. 2005 Wage Classification Wage Increase Effective Date
      Patrolman 1st through 4th year 2.00% January 1, 2005 Patrolman 5th year 2.25% January 1, 2005

      Patrolman 1st through 4th year 2.00% July 1, 2005

      Patrolman 5th year 2.25% July 1, 2005

C. Step increases are to be given at anniversary dates of first full day in position upon certification of satisfactory performance by the Chief of Police.
ARTICLE 14 LONGEVITY

A. There shall be added to and made a part of the remuneration of each employee covered by this Agreement, an amount equal to a certain percent of the salaries and wages fixed for each said person based on the completion of a certain number of years of cumulative service in and for the Town as follows:
          Amount Equal To Years of Cumulative Service 2% 5 4% 10 6% 15 8% 20
10% 24

B. Such additional compensation shall be paid notwithstanding the maximum salaries or wages, and shall be paid at the same time and in the same manner as regular salaries and wages.

C. Such longevity pay shall be based on the earnings of the normal workweek and longevity shall not be added to over-time remuneration.

D. For any employee whose anniversary date of cumulative period of five (5) years service falls between July 1 and December 31, his/her longevity payment will take effect on the next January 1. For any employee whose anniversary date of cumulative period of five

      (5) years service falls between January 1 and June 30, his/her longevity payment will take effect on the next July 1.
ARTICLE 15

HOLIDAYS


A. The employees covered by this Agreement shall receive credit for a day off for the following thirteen (13) holidays, although they may be required to actually work on the holiday itself because of shift duties:
          New Year’s Day
          Washington’s Birthday
          Memorial Day
          Labor Day
          Election Day
          Thanksgiving Day
          December 24th pm ()
          (provided such day does

          not fall on a Saturday or Sunday) Martin L. King’s Birthday Good Friday Afternoon () Independence Day Columbus Day Veterans’ Day Day After Thanksgiving Christmas Day






B. All tours of duty taken as a holiday shall be calculated day for day.
ARTICLE 16 VACATION

A. Annual vacation leave with pay is earned as follows: Years of Service Vacation Leave One month - five years Twelve 10-hour days or 120 hours Sixth year - ten years Fourteen 10-hour days or 140 hours Eleventh year - fifteen years Sixteen 10-hour days or 160 hours Over fifteen years Nineteen 10-hour days or 190 hours

B. All vacations shall be taken during the current year, where possible, and vacation time shall not be accumulated beyond the current and the immediately preceding calendar years. Vacation days may be taken any time during the calendar year even if not yet earned for the calendar year, provided they are scheduled in advance.

C. All tours of duty taken off as vacation days shall be calculated day for day.

ARTICLE 17

SICK LEAVE AND PERSONAL LEAVE


A. Sick leave shall accumulate at the rate of one (1) day per month for the first year of employment and thereafter at the rate of one and one-quarter (1 1/4) days per month, and may be accumulated from year to year.

B. The employer may require proof of illness or injury when there is reason to believe that an employee is abusing sick leave; an employee has been absent on sick leave for three

      (3) or more consecutive work days; or an employee has been absent on sick leave for an aggregate of more than fifteen (15) days in a 12-month period.
C. For all illnesses that exceed three (3) consecutive workdays, the deduction from sick leave shall be considered on a day for day basis, starting with day one. Illnesses of a lesser duration shall be calculated on the basis of day for day off for each tour of duty taken as sick leave.
      1. DONATED LEAVE PROGRAM Effective January 1, 2005, all eligible employees shall be entitled to the benefits of a Donated Leave Program as set forth in N.J.A.C. 4A: 6-1.22 and as set down below:
. a. An employee shall be eligible to receive donated sick or vacation leave if the employee:
1. 1. Has completed at least one year of continuous service with the Town of Newton;
2. 2. Has exhausted all accrued sick, vacation and administrative leave, all sick leave injury benefits, if any, and all compensatory time off;
3. 3. Has not, in the two-year period immediately preceding the employee's need for donated leave, been disciplined for chronic or excessive absenteeism, chronic or excessive lateness or abuse of leave; and
4. 4. Either:
. I. Suffers from a catastrophic health condition or injury;
. ii. Is needed to provide care to a member of the employee's immediate family who is suffering from a catastrophic health condition or injury; or
. iii. Requires absence from work due to the donation of an organ (which shall include, for example, the donation of bone marrow).
. b. For purposes of this section, a "catastrophic health condition or injury" shall be defined as follows:
              1. With respect to an employee, a "catastrophic health condition or
INITIALS PBA: . TOWN: . CREATED ON 10/14/2004
          injury" is a life-threatening condition or combination of conditions or a period of disability required by his/her mental or physical health or the health of the employee's fetus and requiring the care of a physician who provides a medical verification of the need for the employee's absence from work for 60 or more work days.
      2. With respect to an employee's immediate family member, a "catastrophic health condition or injury" is a life-threatening condition or combination of conditions or a period of disability required by his/her mental or physical health and requiring the care of a physician who provides a medical verification of the need for the family member's care by the employee for 60 or more work days.
. c. An employee may request that the appointing authority approve his/her participation in the program, as a leave recipient or leave donor. The employee's supervisor may make such a request on behalf of the employee for his/her participation in the program as a leave recipient.
1. 1. The employee or supervisor requesting the employee's acceptance as a leave recipient shall submit to the Town, medical verification from a physician or other licensed health care provider concerning the nature and anticipated duration of the disability resulting from either the catastrophic health condition or injury, or the donation of an organ, as the case may be.
2. 2. When the Town has approved an employee as a leave recipient, the Town shall, with the employee's consent, post or circulate the employee's name along with those of other eligible employees in a conspicuous manner to encourage the donation of leave time, and shall provide notice to all negotiations representatives in the Town of Newton.
. I. If the employee is unable to consent to this posting or circulation, the employee's family may consent on his/her behalf.
. d. A leave recipient must receive at least five sick days or vacation days or a combination thereof from one or more leave donors to participate in the donated leave program. A leave donor shall donate only whole sick days or whole vacation days and may not donate more than 10 such days to any one recipient.
      1. A leave recipient shall receive no more than 180 sick days or vacation days, and shall not receive any such days on a retroactive basis.
D. Upon presentation of a valid injury incident report within the Police Department and a physician’s certificate, any absence resulting from an injury sustained in the line of duty shall not reduce the employee’s sick leave.

E. 1. Each employee covered by this Agreement may utilize three (3) days per annum as personal days, which days shall be deductible from his/her sick leave on a day for day basis. These days are non-cumulative and, if unused at the end of the calendar year, the remaining days shall revert back to sick leave and be placed in the employee’s accumulated sick leave bank.

1. 2. In order to be eligible to receive said personal days; the employee must give reasonable notice of his/her request to utilize the personal days.
2. 3. If at the end of the calendar year only three (3) personal days were charged against the employee’s sick time account and no sick days were taken, the three

          (3) days will automatically be credited to the sick time account for the next year.
F. Upon eligibility for full retirement or disability retirement, pursuant to the Police and Fire Retirement System, individuals covered by this Agreement will be reimbursed as follows:
          Years of Service With the Town Percentage of Sick Time 10 years 5% of accrued sick time 15 years 10% of accrued sick time 20 years 15% of accrued sick time 25 years 35% of accrued sick time
ARTICLE 18 TERMINAL LEAVE

Immediately preceding retirement under the provisions of the Police and Firemen’s Retirement System, employees covered by this Agreement may use up to thirty-two (32) days of accumulated sick leave as “terminal leave” immediately prior to the employee’s actual retirement date.
ARTICLE 19 CLOTHING ALLOWANCE

A. The Town shall pay each employee as soon as the Town of Newton adopts its annual
      budget, however in no event later than July 1st, according to the following schedule: 2002: $ 800.00 2003: $ 900.00 2004: $1,000.00 2005: $1,100.00
B. Employees will be reimbursed for uniforms and/or equipment, including eyeglasses that become damages or unserviceable while in the line of duty. Requests for reimbursements must be submitted with adequate proof and approved by the Chief of Police.

C. The Town agrees to supply all employees with a second badge and an identification card.

ARTICLE 20 UNIFORM CLEANING

The Town feels that furnishing a uniform and maintenance expense allowance does not include responsibility for cleaning, as personal cleanliness is an individual responsibility. However, the Town does agree to use its best efforts to deduct an agreed upon amount from employees’ paychecks to enable the Association to contract with a cleaning establishment.
ARTICLE 21

COLLEGE CREDITS, TEXTBOOK REIMBURSEMENT,

TUITION REIMBURSEMENT AND IN-SERVICE TRAINING


A. The Town agrees to recognize those employees who can show to the satisfaction of the Town, satisfactory evidence of completion of police-related credits toward a college degree by paying an annual sum of money according to the following scale:
          Credits Toward College Degree Dollars
              15 credits $200.00 30 credits $300.00 Associates Degree $500.00 90 credits $700.00 Bachelors Degree $900.00
B. An employee reaching a new position on the scale as certified by the Chief of Police to the Treasurer will be compensated proportionately effective on the next July 1 or January 1, whichever date most closely follows the date of certification.

C. The Town agrees to reimburse any Patrolman for costs incurred to purchase accredited police training course textbooks or required textbooks for college courses in the pursuit of an accredited degree in criminology, sociology, criminal psychology, or other program related specifically to police work; provided that the following conditions are met:

1. 1. The Chief is satisfied with the condition of the textbook;
2. 2. The course was satisfactorily completed with a “C” or better grade;
3. 3. The textbook becomes a permanent part of the Newton Police library;
4. 4. There are no other books of the same title or content in the library.

D. The Town agrees to reimburse employees covered by this Agreement one hundred percent (100%) of the tuition costs for four (4) college courses per man per year. Such college courses must meet the following criteria:
1. 1. Prior approval for the course must be granted by the Police Chief;
2. 2. The course must be satisfactorily completed with a “C” or better grade;
3. 3. The course must be related to a degree in a police-related program.

E. The Town may provide up to twenty-four (24) hours of police training for all Patrolmen. Such training is to be structured and conducted by the Chief in training sessions that are most conducive to continuing education for members of the Newton Police Department. Patrolmen will be compensated at their over-time rate when they are required to attend training scheduled outside regular duty hours.

ARTICLE 22 GROUP INSURANCE AND DENTAL PLAN

A. After three (3) months of full-time employment, a new employee becomes eligible for the following coverage through the State Health Benefits plan of New Jersey:
1. 1. Hospitalization
2. 2. Medical-Surgical
      3. Major Medical The Town shall continue to maintain and provide all insurance benefits, coverage and administration as provided and set forth under the New Jersey State Health Benefits Plan, N.J.S.A. 52:14-17.25 et seq. Notwithstanding other provisions of this Article, the Town shall continue its health benefits program, including all benefit and coverage levels, usual and customary rates and deductible charges for its employees, their spouses and dependents. However, should an employee choose to enroll with another health benefits carrier, the Town will pay no more than the amount it currently pays with its own carrier. This coverage includes single, family, and family with maternity memberships.
B. The Town reserves the right to change insurance carriers, or to self insure any or all portions of the insurance benefits, as long as no less benefit, coverage and administrative level is provided and that the Town agrees to notify the Association of its intent to change carriers or self insure at least thirty (30) days prior to the anticipated date of implementation, along with the Master Plan documents for both the current and proposed plans, for the purpose of review and comparison of all benefits, coverage and administrative levels, usual and customary rates and deductible charges. The Town agrees to schedule a meeting with the Association to discuss the proposed change as soon as mutually possible.

C. The full cost of the insurance provided by the Town’s insurance carrier shall be covered by the Town for the employee. However, should an employee choose to enroll with another carrier, the Town will pay no more than the amount it currently pays with its own carrier.

D. Coverage for families shall be paid in full by the Town.

E. The Town and the Association recognize the need for dental health and the desirability of a dental plan for members of the bargaining unit. Accordingly, the Town agrees to pay the premium for each employee with one (1) year of continuous sworn service with the Newton Police Department toward an acceptable dental plan with no co-payment by employees until December 31, 2005. The Town further agrees to contract with an acceptable carrier to provide for the terms and conditions of the dental plan.

F. Effective January 1, 2000, the Town agrees to pay the premium for an acceptable Vision Plan for each employee covered by this Agreement.

ARTICLE 23
HEALTH EXAMINATION AND FLU SHOT


A. Each employee who is subject to this Agreement shall have a health check up conducted once every two (2) years at the Town’s expense. Arrangements for this examination will be made through the Town Manager’s office and employees will be required to be examined by the doctor designated. The Town will assume the net costs remaining after employees covered by this Agreement have submitted all invoices for physical examinations to their insurance carrier for payment.

B. In the event the results of a physical examination indicate a health problem, the employee will be required at his/her expense to be treated by a doctor of his/her choice to correct the health problem within ninety (90) days of notification.

C. The Town will make arrangements for a flu shot to be administered to all employees, provided that all employees agree to receive the shot, unless advised by their personal physicians in writing not to receive the shot. The Town will assume the net costs remaining after employees covered by this Agreement have submitted all invoices for flu shots to their insurance carrier for payment.

D. The only intent of this Article is to ensure the good health and well being of the employees.

ARTICLE 24

MEDICAL BENEFITS UPON RETIREMENT

The Town, during 1980, did adopt by Resolution #111-80, the provisions of Chapter 88, Public Laws of 1974, which provides for medical benefits upon retirement for employees with at
least twenty-five (25) years of service.

ARTICLE 25 WEAPONS QUALIFICATION

A. The Town agrees to supply one (1) box of ammunition per employee per year. Additionally, the Town shall replace rounds of ammunition that have become unserviceable at least once a year, and rounds that have been expended in the line of police duty.

B. All employees shall qualify with their on-duty weapons at least twice a year, but each employee, if he/she chooses, may be allowed to qualify as often as four (4) times per year.

C. All employees shall qualify with their on-duty weapons at least twice a year at a time and on a date set by the Firearms Instructor, and all ammunition used for qualifications will be supplied by the Town without expense to the employees.

D. The Town agrees to allow two (2) hours of over-time per quarter year for each employee for the purpose of qualifying with his/her weapon.

E. The Town further agrees to allow the Range Officer sufficient over-time to qualify the entire Department in excess of that over-time granted to said Range Officer to qualify himself.

ARTICLE 26 POLICE VEHICLES AND EQUIPMENT

A. If an employee of the Department alleges that a motor vehicle he/she is assigned to use is unsafe to operate, and then the vehicle shall be inspected by a mechanic designated by the Town before such vehicle is used. If a mechanic is not available to inspect the vehicle, then another vehicle shall be assigned to the employee.

B. If no vehicle is available, then the Superior Officer shall call in a mechanic designated by the Town to inspect the vehicle and the decision of the mechanic designated by the Town shall be final.

C. All regular marked police vehicles purchased after the execution of this Agreement shall be a standard size vehicle with a standard police package.

D. The equipment in said vehicles shall include, but not be limited to, the following items: automatic transmission, power steering, power brakes, air conditioning, interior lighting package, automatic trunk release, roof rack with electronic siren and lights, oxygen, first aid kit, and flares.

E. At least two (2) marked vehicles shall be equipped with twelve (12) gauge shotguns and cages.

ARTICLE 27 MEAL and MILEAGE ALLOWANCE

A. Effective January 1, 2005, reasonable meal expenses for other than normal duty related requirements shall be reimbursed upon presentation of proper receipts. Reimbursement shall be required when an employee is required by the Town to attend a law enforcement school.

B. Effective January 1, 2005, when an employee is required to leave the Town on official business, the Town of Newton shall attempt to provide a Town vehicle. In the event the Town is unable to provide a vehicle and the employee is required to use his/her personal vehicle in any job-related capacity, the employee shall be entitled to an allowance of twenty-two and one-half cents ($.22.5) per mile.

ARTICLE 28

CEREMONIAL ACTIVITIES


A. In the event a Police Officer in another Department in the State of New Jersey is killed in the line of duty, the Town will permit at least one (1) uniformed Police Officer of the Town to participate in the funeral service for said deceased Officer.

B. Subject to availability, the Town will permit a Town police vehicle to be utilized by the employee(s) participating in such funeral service.

C. Employees participating in such funeral services shall not be entitled to any compensation during the time in which they are participating in said funeral services, unless otherwise agreed to by the Town Manager.

ARTICLE 29 INVESTIGATION OF POLICE OFFICERS

A. In an effort to insure that departmental investigations are conducted in a manner that is conducive to good order and discipline, the following rules are hereby adopted:
1. 1. The interrogation of a member of the force shall be conducted at reasonable hours, preferably when the member of the force is on duty, unless the exigencies of the investigation dictate otherwise;
2. 2. The interrogation shall take place at a location designated by the Chief of Police. Usually, it will be at police headquarters or the location where the incident allegedly occurred;
3. 3. The member of the force shall be informed of the nature of the investigation before any interrogation commences. Sufficient information to reasonably apprise the members of the allegations should be provided. If it is known that the member of the force is being interrogated as a witness only, he/she should be so informed at the initial contact;
4. 4. The questioning shall be reasonable in length. Fifteen (15) minutes time shall be provided for personal necessities, meals, telephone calls, and rest periods at the end of every two (2) hours;
5. 5. The member of the force shall not be subject to any offensive language, nor shall he/she be threatened with transfer or other disciplinary action.
6. 6. At every stage of the proceedings, the department shall afford an opportunity for a member of the force, if he/she so requests, to consult with his/her counsel, and/or his/her Association representative, before being questioned concerning a violation of the rules and regulations during the interrogation of a member of the force, which shall not delay the interrogation beyond one (1) hour for consultation with his/her attorney. However, this paragraph shall not apply to routine day to day investigations.
7. 7. In cases other than departmental investigations, if a member of the force is under arrest, or if he/she is a suspect or the target of a criminal investigation, he/she shall be given his/her rights, pursuant to the current decisions of the United States Supreme Court.
8. 8. Nothing herein shall be construed to deprive the Department or its Officers of the ability to conduct the routine and daily operations of the Department.
ARTICLE 30 AGENCY SHOP

A. Any permanent employee in the bargaining unit on the effective date of this Agreement who does not join the Association within thirty (30) days thereafter, any new permanent employee who does not join within thirty (30) days of initial employment within the unit, and any permanent employee previously employed within the unit who does not join within ten (10) days of re-entry into employment with the unit shall pay, as a condition of employment, a representation fee to the Association by automatic payroll deduction pursuant to N.J.S.A 34:13A-5.5. The representation fee shall be in an amount up to eighty-five percent (85%) of the regular Association membership dues, fees, and assessments as certified to the Town by the Association. The Association may revise its certification of the amount of the representation fee at any time to reflect changes in the regular Association membership dues, fees and assessments. The Association’s entitlement to the representation fee shall continue beyond the termination date of this Agreement, so long as the Association remains the majority representative of the employees in the unit; provided that no modification is made in this provision by a successor agreement between the Association and the Town.

B. The Association agrees that it will indemnify and save harmless the Town against any and all actions, claims, demands, losses or expenses (including reasonable attorney’s fees) in any matter resulting from action taken by the Town at the request of the Association under this Article.

ARTICLE 31 PRESERVATION OF RIGHTS

A. The Town agrees that all benefits, terms and conditions of employment related to the status of the Town of Newton Police Officers; which benefits, terms and conditions of employment are not specifically set forth in this Agreement, shall be maintained at not less than 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.

B. Unless a contrary intent is expressed in this Agreement, all existing benefits, rights, duties, obligations and conditions of employment applicable to any employee pursuant to any rules, regulations, instruction, directive, memorandum, statute or otherwise shall not be limited, restricted, impaired, removed or abolished.

ARTICLE 32 SAVINGS CLAUSE

In the event that any provisions of this Agreement shall be determined by a court of proper jurisdiction to be invalid, such determinations shall not impair the validity and enforceability of the remaining other provisions of this Agreement.
ARTICLE 33

TERM AND RENEWAL


A. This Agreement shall have a term from January 1, 2002 through December 31, 2005. If the parties have not executed a successor Agreement by December 31, 2005, then this agreement shall continue in full force and effect until a successor Agreement is executed.

B. Negotiations for a successor Agreement shall be in accordance with the rules of the Public Employment Relations Commission.

ARTICLE 34 FULLY BARGAINED PROVISION

This Agreement represents and incorporates the complete and final understanding of the negotiable issues that were or could have been subject to negotiations. This Agreement can only be modified by a written agreement agreed to and executed by both parties, and remains in full force and effect from January 1, 2002 until midnight, December 31, 2005, or until such time as a new Agreement is executed, provided such extension does not exceed one hundred eighty (180) days.
                                      TOWN OF NEWTON
                        . , Mayor ATTEST:




                  .
                  , Clerk
                                      PBA LOCAL NO. 138



                                            . , Representative



                                            . , Representative

ATTEST:
WAGE GUIDE
1/1/2002
7/1/2002
1/1/2003
7/1/2003
1/1/2004
7/1/2004
1/1/2005 7/1/2005
Fifth Year $58,741
$60,063
$61,415
$62,797
$64,209
$65,654
$67,131 $68,642
Fourth Year $50,804
$51,820
$52,857
$53,914
$54,992
$56,092
$57,214 $58,358
Third Year $46,400
$47,328
$48,274
$49,240
$50,225
$51,229
$52,254 $53,299
Second Year $43,350
$44,217
$45,101
$46,003
$46,923
$47,862
$48,819 $49,796
First Year $37,285
$38,031
$38,791
$39,567
$40,359
$41,166
$41,989 $42,829
Probationary
Step $36,554
$36,554
$36,554
$36,554
$36,554
$36,554
$36,554 $36,554
39



Newton and PBA Loc 138 2002.pdf