BY AND BETWEEN
CITY OF MARGATE CITY
MARGATE COMMUNICATIONS OPERATORS
JANUARY 1, 2019 through DECEMBER 31, 2021
TABLE OF CONTENTS
I RECOGNITION 3
II GRIEVANCE PROCEDURE 4
III NON-DISCRIMINATION 8
IV BULLETIN BOARD 9
V MANAGEMENT RIGHTS 10
VI STRIKES 12
VII HOLIDAYS 13
VIII VACATIONS 15
IX SICK LEAVE 18
X FUNERAL LEAVE 20
XI INJURY LEAVE 21
XII LIMITATIONS ON LEAVE 22
XIII RETIREMENT 23
XIV SALARIES 24
XV OVERTIME 26
XVI LONGEVITY 27
XVII CLOTHING ALLOWANCE 29
XVIII HOSPITALIZATION INSURANCE 30
XIX EMPLOYEES RIGHTS AND PRIVILEGES 35
XX SAVING CLAUSE 36
XXI FULLY-BARGAINED AGREEMENT 37
XXII LABOR MANAGEMENT COMMITTEE 38
XXIII DURATION OF AGREEMENT 39
This Agreement entered into on this __________________ day of _______________,
2019 by and between the City of Margate City, in the County of Atlantic, a municipal
corporation of the State of New Jersey, hereinafter referred to as the “City” and the
Margate City Communications Operators, hereinafter referred to as the Communications
Operators, represents the complete and final understanding on all bargainable issues
between the City and the Communications Operators.
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This agreement is entered into pursuant to the provisions of Chapter 123, Laws of 1974
(N.J.S.A. 34:13A-5.1 et.seq.) of the State of New Jersey to promote and ensure the harmonious
relations, cooperation and understanding between the City and the employees; to prescribe the
rights and duties of the City and the employees; to provide for the resolution of legitimate
grievances, all in order that the public services shall be expedited and effectuated in the best
interest of the people of the City of Margate City.
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- The City hereby recognizes the Communications Operators as the sole and exclusive
negotiating agent and representative for all full-time Communications
Operators employed in the City of Margate City.
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A. The purpose of this procedure is to secure, at the lowest possible level, an equitable
solution to the problems which may arise affecting the items and conditions of
employment under the conditions of this Agreement.
- Nothing herein shall be construed as limiting the right of any employee having
a grievance to discuss the matter informally with any appropriate member of the
- (1) With regard to employees, the term “grievance” as used herein means an appeal by
an individual employee or their representative on behalf of an individual employee or
group of employees, from interpretation, application or violation of policies,
agreements and administrative decisions affecting them.
With regard to the City, the term “grievance” as used herein means a complaint or
controversy arising over the interpretation, application or alleged violations of the terms
and conditions of this agreement.
- With respect to employee grievances, no grievance may proceed beyond STEP
TWO herein unless it constitutes a controversy arising over interpretation, application
or alleged violation of the terms and conditions of this agreement. Disputes concerning
terms and conditions of employment controlled by statute incorporated by reference in
this agreement, either expressly or by operation of law, shall not be processed beyond
STEP TWO herein.
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- 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 consent.
STEP ONE: The aggrieved or their representative shall institute action under the
provisions hereof within ten (10) calendar days after the event giving rise to
the grievance has occurred or knowledge thereof. Then an earnest effort shall
be made to settle the differences between the aggrieved and the Chief of Police
or representative designated by him/her for the purpose of resolving the matter
informally. Failure to act within said ten (10) calendar days shall be deemed to
constitute an abandonment of the grievance.
STEP TWO: If no agreement can be reached orally within seven (7) calendar days of the
initial discussion with the Chief of Police the employee or their representative
may present the grievance in writing within seven (7) days thereafter to the
Commissioner of Public Safety or his/her designated representative. The written
grievance at this step shall contain the relevant facts and a summary of the
preceding oral discussion, the applicable Section of the contract violated, and
the remedy requested by the grievant. The Commissioner of Public Safety or
his/her designated representative will answer the grievance, in writing, within
ten (10) calendar days of receipt of the written grievance or schedule a hearing or
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STEP THREE: If the grievance is not settled through Steps One and Two, either party
shall have the right to submit the dispute to arbitration pursuant to the rules and
regulations of the Public Employment Relations Commission. The costs for the services
of the arbitrator shall be borne equally by the City and the grievant. Any other expenses,
including but not limited to the presentation of witnesses, shall be paid by the parties
incurring the same.
E. (1) The parties direct the arbitrator to decide, as a preliminary question, whether
he/she has jurisdiction to hear and decide the matter in dispute.
- The arbitrator shall be bound by the provisions of this Agreement and the
Constitution and Laws of the State of New Jersey, and may be restricted to the
application of the facts presented to him/her 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. The decision of the arbitrator shall be final and binding.
- Upon prior notice to and authorization of the Director of Public Safety, the designated
representative shall be permitted as members of the Grievance Committee to confer with
employees of the City on specific grievances in accordance with the grievances set forth
herein, during work hours of the employee, without loss of pay, provided the conduct of
said business does not diminish the effectiveness of the City of Margate City Police
Department or require the recall of off-duty employee.
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- The time limits expressed herein shall be strictly adhered to. If any grievance has not
been initiated within the time limits specified, then the grievance shall be deemed to
have been abandoned. If any grievance is not processed to the next succeeding Step in the
grievance procedure within the time limits prescribed thereunder, then the disposition of the
grievance at the last proceeding Step shall be deemed to be conclusive. If a decision is not
rendered within the time limits prescribed at any Step in the grievance procedure, then the
grievance shall be deemed to have been denied. Nothing herein shall prevent the parties
from mutually agreeing to extend or contract the time limits for processing the grievance at
any Step in the grievance procedure.
- In the event the aggrieved elects to pursue remedies available through Civil Service,
- The City and representatives agree that there shall be no discrimination against
any employee because of race, creed, color, religion, sex, national origin or political
B. The City and representatives agree that all employees covered under this Agreement
have the right without fear of penalty or reprisal to form, join or assist any employee
organization or to refrain from any such activity. There shall be no discrimination
by the City or representative against any employee because of the employee’s
membership or non-membership in an association of Communication Operators.
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- The employees shall have the use of the bulletin board located in the police
department headquarters for the posting of notices relating to meetings and
official business of the Communications Operators only.
- Only material authorized by the signature of the representative of the
Communications Operators shall be permitted to be posted on said
bulletin board. Any unauthorized material may be removed by the Chief
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- The City hereby retains and reserves unto itself without limitation, all powers, rights,
authority, duties and responsibilities inferred upon and vested in it prior to the signing of
this Agreement by the Laws and Constitutions of the state of New Jersey and of the
United States, including, but not limited to the generality of the foregoing, the following
- The executive management and administrative control of the city government, its
properties and facilities, and the activities of its employees by utilizing
personnel, methods and means of the most appropriate and effective
manner possible as may from time to time be determined by the City.
- To make rules of procedure and conduct, to use improved methods and
equipment, to determine work schedules and shifts, to decide the number of
employees needed for any particular time.
- The right of management to make, maintain and amend such reasonable rules
and regulations as it may from time to time deem best for the purposes of
maintaining order, safety and/or the effective operation of Department after
advance notice thereof to the employees to require compliance by the employees
- To hire all employees and, subject to the provisions of law, to promote and
- To suspend, demote, discharge or take any other appropriate action against any
employee for good and just cause, according to the law.
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- The exercise of the foregoing powers, rights, authority, duties and responsibilities of the
City, the adoption of policies, rules, regulations and practices and the furtherance thereof,
and the use of judgement and discretion in connection therewith, shall be in conformance
with the Laws and Constitutions of the State of New Jersey and of the United States.
- Nothing contained herein shall be construed to deny or restrict the City of its rights,
responsibilities and authority under R.S. 40A, or any other national, state, county or
local laws or regulations.
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- The employees assure and pledge to the City that their goals and purposes are such
as to permit no strikes by employees, no work stoppages, slow-downs or any other such
method which would interfere with the services to the public or violation of the Laws
and Constitution of the State of New Jersey.
- The employees will not permit such activities nor advocate or encourage other employees
C. The employees will not support anyone acting contrary to this Article.
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All employees covered by the Agreement shall receive the following
thirteen (13) holidays:
New Year’s Day
Martin Luther King Day
Friday following Thanksgiving Day
Christmas Eve (2021 ONLY)
Employees covered by this agreement shall be granted thirteen (13) days off with pay as holidays, to be used in the same manner as vacation days. An employee at his/her option may be paid for up to five (5) of the holidays actually worked in lieu of vacation time. The payment for holidays worked shall be computed at straight time daily rate of pay paid including longevity.
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There shall be seven (7) premium holidays as follows:
The effect of the Article is to give all employees, in addition to two (2) days off each week of each year and in addition to their regular vacation time, an additional thirteen (13) days off per year.
All employees hired prior to January 31, 2019, covered by this agreement shall receive Three (3) personal days per year during the period of this Contract. Personal days may be taken in half (1/2) day increments, but may not be taken to create a personnel shortage, as to create over-time. Personal days shall not be carried to the next calendar year, without the authorization of the Chief of Police.
Employees who work on these premium holidays shall be compensated at one and one-half (1 ½ ) times the employee’s hourly rate of pay for all hours worked on the holiday.
New Year’s Day (January 1)
Fourth of July (July 4)
F. All Employees hired after January 31, 2019 are not entitled to receive personal days.
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For all employees hired before January 1, 2013, the following vacation schedule shall be in effect:
An employee in his/her first year of service shall be entitled to one (1) working day’s vacation for each month of service up to and including December of his/her initial year. Thereafter, he/she shall be entitled to a full paid vacation. Vacations shall be assigned according to policy.
Thereafter, all employees shall be entitled to sixteen (16) actual working days paid vacation through nine years of service.
All employees with ten (10) or more years of service shall be entitled to twenty-one (21) actual working days paid vacation.
All employees with fifteen (15) or more years of service shall be entitled to twenty-four (24) actual working days paid vacation.
The Senior Communications Operator shall be entitled to twenty-three (23) actual working days paid vacation. A Senior Communications Operator with fifteen (15) or more years of service shall be entitled to twenty-six (26) actual working days paid vacation.
For all employees hired on or after January 1, 2019 the following vacation schedule shall be in effect:
An employee in his/her first year of service shall be entitled to one (1) working day’s vacation for each month of service up to and including December of his/her initial year. Thereafter, he/she shall be entitled to a full paid vacation. Vacations shall be assigned according to policy.
Beginning the Second (2) year through the Fourth (4) year of continuous service the employees shall be entitled to Twelve (12) working days paid vacation.
Beginning the Fifth (5) year through the Seventh (7) years of continuous service the employees shall be entitled to Fourteen (14) working days paid vacation.
Beginning the Eighth (8) year through the Tenth (10 ) year of continuous service the employees shall be entitled to Sixteen (16) working days paid vacation.
Beginning the Eleventh (11) year through the Fourteenth (14) year of continuous service the employees shall be entitled to Eighteen (18) working days paid vacation.
Beginning the Fifteenth year of continuous service the employees shall be entitled to Twenty (20) working days paid vacation.
It is the intent of this Article to assure personnel covered by the Agreement that they shall receive the maximum amount of actual vacation days to which they are entitled. Days on which they are normally scheduled off that fall during vacation period shall not be compute as part of the vacation days.
After the first year of service, all vacation days will accumulate on the first day of January for the ensuing year.
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If an employee is permitted to but does not use his/her vacation time (including the thirteen (13) days granted as compensation time for holidays described in Article VII) during the year in which earned, he/she will lose the days not used. If, however, an employee is not permitted to use his/her vacation time (including the thirteen (13) days granted as compensation time for holidays as described in Article VII) during the year in which they are earned, he/she shall then be paid for each of such days of unused time. The pay for such unused days shall be computed at the straight time daily rate of pay, including longevity, based upon a five (5) day workweek, fifty-two (52) weeks a year.
It is each employee’s responsibility to see that his/her vacation is planned well in advance of the year-end so there will be no unused days.
In order for an employee to qualify to be paid for unused vacation days, the following procedure must be followed:
The schedule is to be posted and employees (in order of seniority) will mark off vacation days planned for the current year. This procedure is to be completed before January 31st of each year.
If the days selected are unsatisfactory, in the determination of the supervisor, then the supervisor shall give the employee alternate days, which days must be accepted by the employee.
If the supervisor cannot give the employee alternate days, he/she is to notify the employee who must then write a memorandum to the City notifying the City of the employee’s intent to claim to be paid for such unused vacation days. This memorandum must be received by the City prior to November 1st of each year.
If steps 1, 2, and 3 are complied with and the employee does not in fact use his/her days earned and so rejected during each year, he/she shall be paid for same during January of the following year.
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Sick leave is herby defined to mean absence from post of duty by an employee because of illness, exposure to contagious disease, or attendance upon a member of the immediate family who is seriously ill and requires the care or attendance of such employee.
Any employee who shall be absent from work for three (3) or more consecutive working days due to illness, leave and attendance of a member of the employee’s immediate family, shall be required to submit acceptable medical evidence substantiating the illness.
In case of sick leave due to exposure to a contagious disease, a certificate from the family doctor shall be required.
Sick leave shall accrue for the regular full-time employees at the rate of one (1) per month during the first fiscal year of employment and thereafter each December 31st commencing the following calendar year fifteen (15) working days in every calendar year of employment, which shall accumulate from year to year.
If an employee is absent from work for reasons that entitle him to sick leave, the Chief of Police or his representative shall be notified as early as possible, but no later than two (2) hours prior to the start of the scheduled work shift for which he/she is absent, except in the case of emergency.
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Effective in 2019 through 2021, an employee having seventy-five (75) or more accumulated sick days at the end of a calendar year shall be allowed to sell back up to five (5) days at the end of each calendar year as long as he/she maintains at least seventy-five (75) sick days accumulation after such sell back. Such payment shall be computed at an employee’s daily base salary rate of pay. Notice of such intent shall be provided to the City no later than December 30 of each year and payment by the City shall be made no later than January 31 of the immediate succeeding year. This provision shall “sunset” as of December 31, 2021 and shall not be carried forward into the successor agreement unless agreed upon by the parties in their negotiations for a successor agreement.
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In the event of death in the employee’s immediate family, the employee shall be granted time off without loss of pay, to make funeral arrangements and attend the funeral, but in no event to exceed three (3) working days.
The term “immediate family” shall include only father, mother, father-in-law, mother-in-law, grandparents, grandchildren, aunts, uncles, sisters, brothers, spouse, children and foster children of the employee residing in his household.
In the event of a death of an Aunt, Uncle, Niece or Nephew of the employee or employee’s spouse, bereavement leave shall be granted for the purpose of attending the funeral.
Funeral leave may be extended beyond the three (3) working day period at the sole discretion of the Director of Public Safety or his/her designated representative.
The above shall not constitute sick leave and shall not be deducted from the employee’s annual sick leave.
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Injury leave shall be granted with full pay to employees disabled through injury or illness as a result of, or arising from and in the course of their respective employment.
Any amount of salary or wages paid or payable to employees because of leave granted pursuant to Section A above shall be reduced by amount of Workmen’s Compensation awarded under Chapter 15 of Title 34 of the revised statutes made for disability because of the same injury or illness requiring such leave. It is the intention of the City to supplement any temporary disability payments made under Workmen’s Compensation to employees so that said employees receive their full salary or wage. Upon the cessation of payment of temporary disability by the carrier to the employees, the City supplemental payments will also cease and the employee will be expected to return to work.
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LIMITATIONS OF LEAVE
No leave of absence or combination of absences for any cause whatsoever, including sick leave, injury leave, funeral leaves, etc., shall exceed one (1) year. In the case of continuous absence from duty of any employee for any cause whatsoever, of more than one (1) year duration, such employee so absent shall be automatically retired from the Department on the first anniversary from the date such absence began.
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Upon an employee’s retirement or death after having served at least five (5) years, said Employee shall be compensated for his/her first 100 accumulated sick days at his/her rate of pay for the year immediately preceding said termination. In the event an employee has accumulated more than 100 sick days, he/she shall receive two (2) full days for each three (3) days of accumulated sick leave with a maximum of two hundred (200) days credit. No compensation will be paid for accumulated sick leave over 200 days.
The accumulated sick leave pay shall be computed at his/her daily rate for the year immediately preceding, including longevity. The daily rate of pay shall be computed by dividing the base salary plus longevity by two hundred sixty (260).
Other yearly benefits upon retirement, death, resignation or honorable termination after the fifth year of employment shall be paid on a pro-rata basis upon the number of months this employee has worked during that calendar year. If an employee terminates his/her employment and is not in good standing in accordance with Civil Service regulations, then no benefits will be paid.
Any Employee with twenty-five years continuous full time service with the City of
Margate governed by this agreement and having attained the ages of sixty two, sixty-
three or sixty-four and then choosing to retire under the provisions of NJ PERS shall be
entitled to a payment of up to $1000.00 per month to cover the cost of Health Insurance
for any month prior to attaining the age of sixty-five. The amount paid shall be
determined by the net cost of said insurance paid by the City and said employee on the
month proceeding the month of retirement.
All Civil Service requirements pursuant to 4:1-16-12 shall be complied with.
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The annual base salary for Communications Officers who were hired prior to January 1, 2019 shall be as follows:
All salaries shall be increased as follows:
Effective January 1, 2019 3%
Effective January 1, 2020 3%
Effective January 1, 2021 3%
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The annual base salary for Communications Officers who were hired on or after
January 1, 2016 shall be as follows:
First Year Telecommunicator
Salaries shall be paid bi-weekly and shall include base salary and shall represent base figure for all calculations concerning hourly rate, pension, longevity, overtime, etc.
Base salary is the annual pay based on a forty (40) hour week and a fifty-two (52)
The workday shall consist of eight (8) consecutive hours of work and overtime
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A. Overtime shall consist of all hours worked in excess of (8) hours in a day or forty
B. All employees covered by the Agreement shall, in addition to their basic salary, be paid
one and one-half (1 ½) times their straight time hourly rate of pay, including longevity in
accordance with their services for all overtime hours worked. All overtime payments
shall be paid no later than on the pay day for the pay period which immediately follows
the pay period in which the overtime occurs, or they shall receive compensation equal in
value to an overtime payment.
C. If an employee is recalled to duty, he/she shall receive a minimum of two (2) hours
compensation at the overtime rate, provided said recall is not contiguous with the
employee’s normal shift.
D. If an employee receives a standby subpoena for any court, other than Municipal or
Local Traffic Court, said employee shall be guaranteed a minimum of two (2) hours
compensation at the overtime rate. In the event an employee receives a standby
subpoena for a Municipal or Local Traffic Court, said employee shall by guaranteed a
minimum of one (1) hour compensation at the overtime rate.
In the event that a state of emergency is declared, the employees who have to report to
work will be paid overtime at time and a half according to their rate of pay, as long as said employee meets the established overtime pay policy of the City.
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A. Each employee hired prior to January 1, 2013 shall be paid in addition to and together with his/her annual base salary, additional compensation based upon the length of his/her service to the City of Margate City as fixed and determined by the following schedule:
Years of Service Longevity Payment
15 Years 6.5 %
20 Years 8.5 %
25 Years or More 10.5 %
Each employee hired on or after January 1, 2013 shall be paid in addition to and together with his/her annual base salary, additional compensation based upon the length of his/her service to the City of Margate City as fixed and determined by the following schedule:
At the completion of Ten (10) Years. . . . . . . . . . $1,000.00
At the completion of Eleven (11) Years . . . . . . . $1,100.00
At the completion of Twelve (12) Years . . . . . . .$1,200.00
At the completion of Thirteen (13) Years . . . . . . $1,300.00
At the completion of Fourteen (14) Years . . . . . .$1,400.00
At the completion of Fifteen (15 ) Years . . . . . . .$1,500.00
At the completion of Sixteen (16) Years . . . . . . .$1,600.00
At the completion of Seventeen (17) Years . . . . .$1,700.00
At the completion of Eighteen (18) Years . . . . . . $1,800.00
At the completion of Nineteen (19) Years . . . . . . $1,900.00
At the completion of Twenty (20) Years . . . . . . . $2,000.00
At the completion of Twenty One (21) Years . . . $2,100.00
At the completion of Twenty Two (22) Years . . . $2,200.00
At the completion of Twenty Three (23) Years . . $2,300.00
At the completion of Twenty Four (24) Years . . . $2,400.00
At the completion of Twenty Five (25) Years . . . .$2,500.00
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The aforementioned additional salary or compensation shall be paid in equal
bi-weekly installments at the same time as the base pay. In computing overtime
pay and vacation pay and other pay rates set forth in the Agreement, the basic
pay of all employees shall include his/her base pay plus longevity.
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The City agrees to provide all bargaining unit members with eight hundred fifty
($850) dollars clothing maintenance allowance in 2019, eight hundred fifty
($850) dollars clothing maintenance allowance in 2020, and eight hundred fifty
($850) dollars clothing maintenance allowance in 2021.
The City agrees to distribute the above clothing maintenance allowance in a separate check on the first pay period in December.
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A. The City agrees to provide comprehensive medical and hospitalization insurance through the New Jersey State Health Benefits Plan, as it exists or as modified by the State Health Benefit Program (or any substantially similar health benefits plan), including any changes in co-pays or deductibles that may be implemented by the New Jersey State Health Benefits Program, for all employees and eligible dependents covered by this agreement. The City will offer a selection of plans available under the New Jersey State Health Benefits Program. Except as provided by law, the City agrees to pay the full cost of the NJSHBP plan selected by the employee for employees and their eligible dependents.
B. The City further agrees that the continuance of coverage after retirement of any Employees shall be provided at such rates and under such conditions as shall be prescribed in the contract subject, however, to the requirements hereinafter set forth in this subsection. The contribution required of any retired Employee toward the cost of such coverage shall be paid by him/her directly to the insurance agent.
C. Retired Employees shall be required to pay for the entire cost of coverage for themselves and their dependents at rates which are deemed to be adequate to cover the benefits, as affected by Medicare, of such retired Employees and their dependents on the basis of the utilization of services which may be reasonably expected of such older age classifications, provided, however, that the total rate payable by such retired Employee for himself/herself and his/her dependents for coverage under the contract and for Part B of Medicare, shall not exceed by more than twenty-five (25%) percent the total amount that would have been required to have been paid by the Employee and his/her Employer for the coverage maintained had he/she continued in office or active employment and he/she and his/her dependents were not eligible for Medicare benefits. Nothing herein shall be construed as compelling and Employer to pay any portion of the premiums or charges attributable to such contracts. D. The city agrees to provide a co-pay
- 30 -prescription plan for employees and dependents through the New Jersey State Health Benefits Plan. The co-payments shall be determined by the New Jersey State Health Benefits plan and may be subject to future changes to reflect the then applicable NJSHBP prescription co-pays.
E. The City agrees to provide Bargaining Unit Employees with a Five Thousand ($5,000.00) life insurance policy.
F. The City agrees to provide Bargaining Unit Employees and their eligible dependents with a dental health plan.
G. The City agrees to provide Bargaining Unit Employees and their eligible dependents an optical plan through Horizon Eye Care.
H. Opt-Out Provision
1. The City agrees to establish in accordance with Section 125 of the Internal Revenue Code an opt-out provision for the purpose of allowing an employee otherwise entitled to health insurance coverage to voluntarily opt-out of such coverage in exchange for receiving from the City a cash payment in lieu of health insurance coverage. If an employee selects the cash option, it shall be included in the employee’s gross income as compensation. If an employee selects the insurance coverage the value of such coverage is excluded from the employee’s gross income as compensation. The terms of the opt-out provision shall be as follows:
a. An employee otherwise entitled to health insurance coverage shall have the option to voluntarily not participate in the Medical & Prescription Plans and withdraw from any such coverage. The employee will still participate in the Dental and Optical Plans. The decision to exercise this option rests solely with the employee. In the event an employee elects to opt-out of the Medical and Prescription Plan coverage, the City Shall pay to the employee 25% of the amount saved by the City because of the employee’s waiver of coverage, or $5,000.00, whichever is less, in accordance with P.L. 2010, Chapter 2.
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Parent/Child Coverage $4,000.00
Single Coverage $3,000.00
b. Employees that have elected to waive health coverage prior to P.L. 2012, Chapter 2 shall be compensated as follows:
Husband/Wife Coverage $5,000.00
Family Coverage $7,500.00
These payments to the employee are in lieu of the yearly premium costs for the Medical and Prescription Plans. Such cash payment shall be in the form of a stipend and shall be paid by separate checks in twelve (12) equal monthly installments in the calendar year in which the non-participant occurs.
c. In order for an employee to be eligible to elect the cash option for the medical and prescription insurance plans as stated above, an employee must provide documentation to the City that they are covered under an alternative health insurance plan.
d. All withdrawals shall be for a full year (January 1 through December 31). Written notification of an employee’s intent to elect the withdrawal option must be filed with the City during the normal enrollment period. Employees may either re-elect the option of the withdrawal during each enrollment period or elect to re-enroll in the insurance plans offered by the City. Prior to each re-enrollment period, the City’s insurance carrier and/or representative shall hold a meeting with the employees considering to elect to withdraw from the City’s insurance plan(s) and shall apprise them of any and all benefits and/or risks involved should the employee elect such waiver.
2. Notwithstanding the above, an employee who has a change in status (e.g. termination of employment, death, separation, divorce, etc.) which causes the employee to lose his/her alternate health insurance coverage shall be entitled to re-enroll in the
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health plans during the year provided the employee supplies the City with notice of the
change of status within sixty (60) days of the event causing such change. The City’s obligation to pay the cash option shall be prorated for the employee subject to a change in status. If the City’s health plans do not accept the employee, the City will find a comparable plan and pay the premium up to the current amount paid for employees in the City’s plan. Additional costs above the current cost incurred will be the responsibility of the employee. The employees will be re-enrolled in the City’s plan at the first permissible date.
3. Return to the medical and prescription plans for reasons other than a change in status is subject to the terms of the carrier.
I. Flexible Spending Account
The City shall provide at no additional cost to the employee a flexible Spending Account (FSA) in accordance with Section 125 of the Internal Revenue Code, allowing a maximum of $2,500.00 for medical expenses and a maximum of $5,000.00 for child/dependent care. The option of enrolling in the FSA shall be that of the employee.
J. Change in Plans and Providers
The City may, at its option, change any of the existing insurance plans or carriers providing such benefits so long as the benefits which are provided to the employees and their eligible dependents are the same or equivalent to the coverages and benefits as were being provided on December 31, 2012. The City further reserves the right, at its option, to self-insure any of the plans or coverage so long as the benefits which are provided to the employees and their eligible dependents are the same or equivalent to the coverages and benefits as were being provided on December 31, 2012. Disagreements regarding coverage changes can go to the grievance process and to arbitration. The City will notify the Association at least thirty (30) days before any change is to happen.
- 33 -Selection of the carrier or carriers is a managerial prerogative not subject to the terns of this collective bargaining agreement. The Margate City Tele-communicators shall be provided with copies of the Master Plan documents in both the current and proposed plan prior to the implementation of the proposed plan.
K. Cost Contribution
Employees shall be required to contribute to the costs of the health Insurance Plan as may be mandated by law, including P.L. 2011, Chapter 78. Such payments shall be withheld in equal installments throughout the year from an employees’ pay check. The City shall establish and adopt a Section 125 Plan so that said contributions would be “pre-tax”.
CONTINUATION OF BENEFITS NOT COVERED BY THIS AGREEMENT
A. All conditions not covered by this Agreement shall continue to be governed, controlled and interpreted by reference to the City’s Charter and ordinances, and any present benefits which are enjoyed by employees covered by this Agreement, that have not been included in the contract, shall be continued.
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EMPLOYEE’S RIGHTS AND PRIVILEGES
Nothing contained herein shall be construed to deny or restrict to any Communications Operator such rights as he/she may have under any other applicable laws and regulations. The rights granted to Communications Operator shall be deemed to be in addition to those provided elsewhere.
The City agrees not to enter into any other agreement or contract with its employees who are covered hereunder, individually or collectively, which in any way conflicts with the terms and provisions of the Agreement.
The Chief of Police and his/her designee, at his/her sole discretion, may grant reasonable requests of Communications Operators to exchange tours of duty. Under no circumstances will Communications Operators receive additional compensation upon voluntary exchange of tours of duty.
All uniforms damaged in the line of duty shall be replaced or repaired by the City, after inspection and certification by the Chief of Police.
A set of written guidelines, procedures and orders shall be established.
The City agrees to provide legal defense in any action or legal proceeding arising out of or incidental to the performance of duties pursuant to N.J.S.A. 40A:14-155 and for the expungements of records where applicable.
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Each and every clause of this Agreement shall be deemed separate from each and every other clause of the Agreement to the extent that in the event any clauses shall be finally determined to be in violation of any Federal or State Law, then in such event, such clause or clauses, only to the extent that any may be so in violation shall be deemed of no force and effect and unenforceable without impairing the validity and enforceability of the rest of the Agreement, including any and all provisions on the remainder of any clause, sentence or paragraph in which offending language may appear.
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FULLY - BARGAINED AGREEMENT
This Agreement represents and incorporates the complete and final understanding and settlement by the parties of all bargaining 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 the Agreement, and whether or not within the knowledge or contemplation of either or both parties at the time they negotiate or signed this Agreement.
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LABOR MANAGEMENT COMMITTEE
The City and employees agree that there shall be established a Labor Management Committee whose purpose is to increase the communications between the employees and the Commissioners of the City of Margate City. The committee will consist of three (3) Communications Operators and the Director of Public Safety of the City of Margate City. The Committee shall meet periodically for the purpose of discussing matters of concern of both parties.
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DURATION OF AGREEMENT
This Agreement shall be in full force and effect as of January 1, 2019 and
shall remain in effect until and including December 31, 2021 without any
reopening date except as provided in Article XIV. This Agreement shall
continue from year to year thereafter, until one party or the other gives
notice, in writing, no sooner than one hundred and fifty (150) days nor no
later than one hundred and twenty (120) days prior to the expiration of this
Agreement of a desire to change, modify or terminate this Agreement.
IN WITNESS THEREOF, the parties have hereunto set their hand and
seals at the City of Margate City, New Jersey on this ________ day of
CITY OF MARGATE CITY
Commissioner City Clerk
MARGATE CITY COMMUNICATIONS OPERATORS
SCO Leona K. Thomas CO Jessica Johansson
CO Nancy Edge CO Deborah Bond
CO Shelley Moran CO Malissa Lewis
CO Erik Jensen
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