BY AND BETWEEN
THE TOWNSHIP OF HANOVER
a Municipal Corporation
with offices located at
1000 Route No. 10
Whippany, New Jersey 07981
located in the County of Morris
and State of New Jersey
THE POLICEMAN'S BENEVOLENT ASSOCIATION
LOCAL NO. 128,
NEW JERSEY POLICE BENEVOLENT ASSOCIATION
January 1, 2001 through December 31, 2003
WHEREAS, pursuant to the New Jersey Employer-Employee Relations Act,
Chapter 303, Laws of 1968, as amended, of the State of New Jersey (hereinafter referred to as the Act), the aforesaid Association has been elected as Representative by and for Detectives, Sergeants and Patrolmen for the purpose of collective negotiations. The Employer recognizes the Association and agrees as follows:
PREPARED BY: Department of Administration
TABLE OF CONTENTS
Article I Recognition………………………………………….………..3
Article II Hours of Work…………………………………….………….4
Article III Overtime…………………………………………….………. 5
Article IV Grievance Procedure…………………………..…….……… 7
Article V Vacations…………………………………………..………. 10
Article VI Payments in Lieu of Holidays………………………………13
Article VII Wages……………………………………………….……... 14
Article VIII Employee Job Performance Evaluation System…………… 17
Article IX Leave of Absence - Paid and Unpaid………………….……25
Article X Uniforms & Uniform Allowance……………………….…..28
Article XI Insurance and Retirement…………………………………..29
Article XII Education…………………………………………….……..30
Article XIII Compensation upon Promotion………………………….….31
Article XIV Association Activities…………………………………..…..32
Article XV Maintenance of Standards…………………………….…….33
Article XVI Duration…………………………………………………….34
Schedule "A" PBA Salary Guide…………………………………………………35
Schedule "B" Dental Plan…………………………………………………...……36
Schedule "C” College Credit Payment……………………………………….…..37
Schedule "D” Employee Job Performance Evaluation……………………...……38
The Association shall be the sole and exclusive representative of the bargaining unit as determined under the procedures of the Act and certified by the State of New Jersey Public Employment Relations Commission on March 29, 1972. The negotiated Agreement shall apply only under conditions when members of the bargaining unit are engaged in the pursuit of their statutory duties, rules, regulations, policies and procedures of the Police Department in the service of the Employer.
It is further agreed that, implicit in the relationship between the Employer and the Association, no employee or applicant shall be discriminated against regardless of such individual's race, color, religion, sex, age or national origin in conformance with existing laws.
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HOURS OF WORK
The normal work week shall commence at 12:01 A.M. on Monday and end at 12:00 Midnight the following Sunday.
Regular hours of work shall consist of forty (40) hours within this work week with the specific work schedule for each officer to be determined by the Chief of Police, or his designated representative.
The schedule shall be posted for the information of all officers at least two (2) weeks in advance. This posted schedule however, shall not prevent the Chief of Police or his appointed representative from making revisions in the schedule for reasons such as illness, accident, or other unexpected events which might require a modification of the schedule after posting. -
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The nature of police work is such that incidental overtime is required to close out reports or complete job assignments that are considered an integral part of police work. No' extra compensation or compensating time off will be granted for the extra time worked in connection with these activities. .
On certain occasions officers may be required to work overtime. The following rules will apply:
A. Incidental overtime required to close out a scheduled tour of duty; compensation will be at time and one-half for all hours worked in excess of scheduled tour of duty. .
B. Scheduled overtime will be compensated at the time and one-half rate for all hours assigned to be worked and worked. Scheduled overtime is extra work scheduled in advance.
C. Municipal Court Appearances: No extra compensation shall be paid to an officer performing municipal court duty while on a scheduled tour of duty.
It is the intent of the Employer that community relations, teaching or assignments of a similar nature shall be handled, whenever possible, by superior officers of the Department; provided, however, that if this is not practical at any given time, an officer covered by this Agreement may be assigned to such duty. If such assignment is performed during the officer's scheduled tour of duty, no additional compensation shall be paid nor compensatory time off granted. If such assignment is performed outside the officer's scheduled tour of duty, he shall be compensated in the same manner and at the same rates that apply to other scheduled overtime as specified in this Article.
Section 4 - EMERGENCY RESPONSE CALL-OUT PROVISION.
In the event of a natural, civil or technological emergency or disaster occurring within the Township and requiring the presence of additional personnel, or in the event of a mutual aid call from a neighboring municipality requiring the response of additional
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Hanover Township police officers, the Chief of Police or his designee is empowered to call in such police officers who are available for non-scheduled emergency duty.
Those officers reporting for emergency service shall be paid at the regular overtime rate for all such hours worked but not less than three hours.
For purposes of this provision, emergencies or disasters are defined as unforeseeable and unexpected conditions which effect the health, safety and welfare of the residents of Hanover Township and the public at large. Examples of emergencies or disasters requiring the call-out of additional police officers shall include but are not limited to the following: severe thunderstorms, hurricanes, snow and ice storms, floods, tornados, earthquakes, hazardous materials incidents, fires, explosions, vehicular or transportation accidents, aircraft related incidents, power failures, radiological incidents, civil disturbances, water supply failures, gas leaks and nuclear attack.
Section 5 - PRE-TOUR OF DUTY CALL-OUT.
Upon reporting for a scheduled tour of duty, but prior to the actual start of the tour, if a patrolman is directed by a Squad Sergeant and/or another superior officer to respond to an assignment, the responding officer shall be entitled to receive compensation.
The compensation shall be in the form of one-half hour increment payments and calculated at the overtime rate. If such assignment continues within the police officer's scheduled tour of duty, no additional compensation shall be paid or compensatory time off granted.
For purposes of this provision, an assignment is defined as a call received either in person or by telephone at Police Headquarters requiring the assistance of the Hanover Township Police Department. Examples of assignments include but are not limited to the.. following incidents: domestic-disputes,vel-1icular accidents, assaults, fires, car thefts, burglaries, shoplifting.
Compensation for all overtime shall be authorized by the Chief of Police or his designated representative. -
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It is the intention of the parties to amicably and peacefully resolve all controversies without the need for the strife which attends controversies between employers and employees. Towards that end, the Association agrees not to engage in any strike or job action. In consideration thereof, the parties to this Agreement further agree that, in order to preserve harmony and insure the peaceful and rational resolution of differences, they will utilize the following grievance and arbitration procedure.
A grievance shall be defined as a difference of opinion, controversy or dispute arising between the Association or any of its members and the Employer relating to any matter concerning wages, hours or working conditions which involves the interpretation or application of any provision under this Agreement.
The grievance shall be processed as follows:
The officer and/or the Association shall be entitled to make a verbal complaint under this procedure within five (5) working days of the alleged complaint or infraction of the Agreement, or within five (5) working days in which such incident or infraction became known to the grievant. The grievance shall be presented verbally to a senior officer below the Chief of Police, who will discuss the matter with the officer and/or the- Association representative at the earliest possible time. Every attempt shall be made by both parties to resolve the complaint or dispute at this level. If the dispute cannot be resolved satisfactorily at this level within ten (10) calendar days, then -
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The officer and/or the Association representative shall present the grievance, in writing, stating in detail the nature of the complaint and the section of the Agreement allegedly violated and the relief sought. Such written grievance shall be presented to the Chief of Police only during normal office hours, that is, those hours when the Chief's office is usually open and then no later than five (5) working days after the discussion has been concluded at Step 1. For the purpose of this provision, working days shall be defined as only those days when the Chief's office is open.
If a grievance is not filed in writing within twenty (20) days after the grievant knew or should have known of its occurrence, then in that event, the grievance shall be determined to be abandoned by the grievant and he is precluded from processing the grievance through the grievance procedure under the 0 collective negotiations agreement.
The Chief of Police shall review the grievance with the officer and/or the Association representative within two (2) working days of the receipt of the written grievance. If a mutually satisfactory settlement is not reached, he shall then reply to the written grievance within three (3) working days after the conclusion of discussion at this step. If the grievance is denied at this step, the officer and/or the Association representative may request the Chief of Police to forward the written grievance and his reply to the Township Committee.
If such request is made, the Chief of Police shall forward the written grievance to the Township Committee. The Township Committee shall review such grievance with the officer and/or the Association representative. If a mutually satisfactory settlement is not reached, the Township Committee shall reply in writing within thirty (30) days of the receipt of the grievance.
If the Association is dissatisfied with the decision of the Township Committee, the grievance in dispute shall be submitted to arbitration. It is understood that the right to arbitrate a grievance shall not infringe on any statutory or regulatory obligations of individual officers or place an unreasonable burden on the operation of the Police Department. Only the Employer or the Association shall have the right to submit a grievance to arbitration.
The request for arbitration shall be submitted in writing not more than thirty (30) days after the receipt of the Township Committee's reply.
- 8 –In following the foregoing procedure, if extenuating circumstances arise for either party, the prescribed time limits specified above may be extended by mutual agreement of the parties.
The selection -of an arbitrator shall be made from a mutually agreed panel of not more than five (5) or less than three (3) qualified arbitrators. This panel shall be selected by the Employer and the Association from a list of ten (10) names of qualified arbitrators obtained from the New Jersey Public Employment Relations Commission. Whenever feasible, arbitration shall be conducted by selected arbitrators on a rotating basis.
At the request of either party, a three-man panel of arbitrators may be used to be made up of one member selected by the Employer, one member selected by the Association and the third neutral member from the panel already named.
The power of the arbitrator or panel of arbitrators shall be strictly limited to rendering a decision as to the interpretation and/or application of any provision of this Agreement concerning wages, hours, or w0rking conditions within the context of a grievance as defined in Section 2 of Article IV herein. The arbitrator or panel of arbitrators shall be limited to his or its review to the issue or issues submitted for arbitration by the parties to this Agreement and shall be without power or authority to make any decision:
1. Contrary to, inconsistent with, or modifying, varying, changing, altering, deleting or adding to in any way, the terms of this Agreement or of applicable law or rules and regulations that have the force and effect of law, including (but not by way of limitation), the Employer-Employee Relations Act, N.J.S.A. 34:13A-l, et seq.;
2. Involving Employer discretion or Employer policy under the provisions of this Agreement, under Employer by-laws, or under applicable law;
3. Limiting or interfering in any way with the powers, duties and responsibilities of the Employer under its by-Jaws, applicable law, and rules and regulations having the force and effect of law;
4. Involving a question of negotiability or any question of unfair labor practice. -
The P.B.A. is permitted to have a representative meet with the grievant and management at each step of the grievance procedure. Representative as defined herein includes counsel. -
The decision rendered by the arbitrator or majority of the three-man panel, if used, in accordance with this procedure shall be final and binding on both parties.
The cost of the neutral arbitrator shall be borne equally by each of the contracting parties. All other expenses shall be borne by the parties themselves.
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For the purpose of this Article, a year shall be considered as the calendar year commencing January 1 and ending December 31. The vacation schedule and the number of vacations granted at any given time shall be made up by and be the responsibility of the Chief of Police subject to the provisions, of Section "J" of this Article. All full time officers will be granted vacation periods subject to the following service factors:
A. Officers engaged or re-engaged on or subsequent to July 1 of the current year - No Vacation.
B. Officers engaged or re-engaged after October 1 of the preceding year and prior to July 1 of the current year - five (5) days.
C. Officers engaged or re-engaged prior to October 1 of the preceding year--ten (10) days.
D. Officers who have competed 1 through 5 years of credited service - ten (10) days per year.
E. Officers beginning, with the 6th year through completion of the 9th year of credited service - (fifteen) 15 days per year.
F. Officers beginning with the 10th year through completion of the 14th year of credited service - twenty (20) days per year.
G. Officers beginning with the 15th year of credited Service shall receive twenty (20) days per year plus one day for each year of credited service over fourteen (14) years to a maximum of (twenty-five) 25 days per year.
H. Officers shall not begin the first week of vacation prior to the completion of at least six (6) months of continuous service from the date of engagement or re-engagement nor begin the second week of vacation prior to the completion of at least twelve (12) months of continuous service from the date of engagement or re-engagement.
I. Vacations shall be taken during the calendar year and will not be considered cumulative.' If for valid reasons this cannot be done, at the request of the employee this requirement may be waived for a period of up to thirty (30) days after January 1 of the following calendar year by the Administrator on the recommendation of the Chief of Police. For any vacation granted under this waiver, the rate of vacation pay shall be the same as that prevailing during the calendar year the vacation was due.
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In the event the Employer requests the officer to postpone his vacation from one calendar year to the next, vacation pay, when granted, shall be . at the rate in effect at the time the officer's vacation is taken.
J. The selection of the vacation period for individual officers shall be based on a procedure to be determined by a committee consisting of the Chief of Police and/or his designated representative(s) and not more than three (3) members of the Association. In determining this procedure, the Chief of Police and/or his designated representative (s) shall have a vote equal to that of the Association, regardless of the number of Association representatives involved. .
In the event of an impasse in determining the procedure, the Township Committee shall make the final decision. Such procedure shall be binding on all members of the bargaining unit. The procedure may be revised at any time by mutual agreement of the parties.
K. For the purpose of vacations, credited service is counted from the date of engagement. Officers who are re-engaged by the Employer will have all and prior service accumulated and credited after they have been employed continuously for a period of five (5) years. The Chief of Police will then determine and establish a new engagement date in order to determine the net credited service for vacation eligibility.
L. Officers whose period of vacation is increased in the course of a calendar year upon completion of a specified period of service listed above shall receive upon the completion of the required period of service the- additional vacation to which they shall be entitled. The period when this additional vacation is taken shall depend on the conditions specified under the terms of this Article. .
M. Termination of Service; Proration.
1. Whenever during the calendar year an employee shall resign, retire or be dismissed from the service of the Township, any vacation time shall be prorated and taken prior to severance from the service of the Township.
2. If during the calendar year an employee should resign, retire or be dismissed from the service of the Township and based upon certification of the appropriate department head all of his/her vacation time has been taken, it shall be the responsibility of that individual to reimburse the Township for vacation time taken but not yet earned or accrued. The Treasurer shall then be empowered to garnish the final paycheck of any employee in order to compensate
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the Township to take whatever other appropriate action may be necessary to recover any monies due the Township.
3. It shall be the responsibility of the Township Administrator to calculate the - amount of prorated vacation time which may be taken by any employee who is voluntarily or involuntarily severed from the service of the Township.
N. Notwithstanding the provisions of Section M herein, as an incentive to those Township police officers retiring pursuant to a regular service retirement under the terms prescribed by the Police and Firemen's Retirement System with twenty-five (25) or more years of service, the Township will not prorate the vacation days in the last year of service in recognition of that officer's meritorious service. Rather the eligible employee will receive his entire vacation allowance regardless - of his retirement date. Any full time employee who may qualify under the terms of this provision shall make application to the Township Committee at -least sixty (60) days prior to the date of retirement.
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PAYMENTS IN LIEU OF HOLIDAYS
Section 1: Elimination of Holidays - -
There shall no longer be any holidays for employees covered under this Agreement. In lieu of thirteen (13) holidays' based upon an eight (8) hour day, however, the employees shall receive cash payments as described below.
Section 2: Payments in Lieu of Holidays
A. For calendar year 2001 each employee covered under this Agreement shall be entitled to cash payments as follows, to be paid by separate payroll check, at the regular straight time hourly rate in effect for him at the time payment is made:
1. Payment for fifty-two (52) hours on June 1.
2. Payment for fifty-two (52) hours on December 1.
B. Employees must be employed from January 1st through June 30th to receive a full payment on June 1st, and must be employed from July 1st through December 31st, to receive a full payment on December 1st. However, employees who resign from employment prior to June 30th or December 31st shall receive payments prorated,' on a monthly basis, from the date of hire, to June 30th or December 31st, as the case may be. Proration as described above shall be calculated from the first day of the month, following the date of employment to the last day of the month, prior to the date of termination. Thus, proration shall be done on the basis of full months of employment in either the case of termination or hire.
Effective January 1, 2002 all holiday pay for all employees covered by this Agreement shall be folded into the base pay and paid along with the regular payroll and be used for all calculation purposes except overtime. .
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A. The annual salaries and rates of compensation set forth below under Schedule "A" entitled Salary Guides for the positions of patrolman, sergeant and detective reflect an adjustment of the base salary for each position category.
Wage increases for the new 2001-2003 contract are set forth on "Schedule A" attached. The "Schedule A" wage increases are calculated as follows:
1. Academy Rate through step six (6) shall receive a 3.8% increase for 2001, 2002 and 2003.
2. Academy Rate through step six (6) shall receive retroactive pay for 2001 and 2002.
5. The retroactive pay that would have been received by Top Pay Patrolman, Detectives and Sergeants for 2001 shall be divided in half. The first half will be put in base salary on July 1, 2002 and the second half will be put into base salary on July 1, 2003.
B. The starting salary for any employee requiring training at a Police Training Academy shall be $20,760.00 while the employee is attending the Academy. Thereafter, upon graduation from the Academy and receipt of Police Training Commission Certification the employee shall advance to Step 1 on the salary guide which shall be $35,816 effective January 1,2001 for the balance of the one (1) year probationary period.
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Effective January 1, 2001 the annual salary for a probationary (Step 1) patrolman shall be increased 3.8% beyond the 2000 base salary to $35,816.
Upon initial appointment to the Police Department, after completing Academy training a patrolman shall be advanced to Step 1 for the balance of the one (1) year probationary period. For the purpose of calculating the employee's anniversary date, the anniversary date shall be the first day of the month following the completion of the one (1) year probationary period. The probationary period and formula for the calculation of anniversary dates shall apply under the terms of this Agreement and during the first year of employment. Thereafter, step advances shall occur on the anniversary date of employment of a patrolman as is the normal practice under the Police Department's Salary Ordinance.
C. The Academy rate, as set forth In Schedule "A" will remain in effect during the academy period and until such time as graduation from the academy occurs. After graduation from the academy and immediately upon assuming active duty the probationary (Step 1) salary rate shall commence. -
D. All salaries and rates of compensation as herein stated shall be effective January 1, 2001 except as otherwise indicated. Only those police officers currently on the payroll of the Township of Hanover at the time of adoption of this Ordinance shall receive retroactive salary adjustments, except that police officers who have retired from service on or after January 1, 2001 but prior to the adoption of this Ordinance shall receive retroactive - salary adjustments effective January 1, 2001 through the date of retirement. No other exceptions shall be made.-
E. Only those police officers on the payroll of the Township of Hanover on January 1, 2001, January 1, 2002 and January 1, 2003 shall be entitled to receive the salary adjustments as set forth above.
Section 2: Longevity
A. In addition to the salaries listed herein, all eligible police officers shall receive longevity payments which shall be paid and included in the employee's base rate of salary based upon years of service in accordance in the following schedule: -
1. Beginning with the 5th year of employment: $300/year
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2. Beginning with the 10th year of employment: $400/year
3. Beginning with the 15th year of employment: $500/year
4. Beginning with the 20th year of employment: $600/year
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EMPLOYEE JOB PERFORMANCE EVALUATION SYSTEM
Section 1. Purpose
It is the purpose of the Township to evaluate all employees at least once per year. The purpose of the evaluation is to train and evaluate personnel so they can deliver work performance at the highest possible professional level.
Section 2. General guidelines applicable to all employees
A. Notwithstanding the employee performance evaluation procedures set forth herein, all employees shall be formally evaluated at least once a year.' It is recommended that the supervising officer sit with the employee six months prior to the date of evaluation to assess the employee's performance.
B. In accordance with the job performance evaluation procedures set forth below, the Township Committee reserves the right to discipline personnel according to State law.
C. All personnel assigned the responsibility of evaluating other employees shall be required to make monthly notations of performance. The purpose of this monthly notation is to provide periodic counseling of employees by their evaluators and to insure that the year-end evaluation has a continuous factual record.
D. It shall be the responsibility of the supervising officer to submit a written job performance evaluation to the Chief of Police at least twenty (20) working days prior to the expiration of the anniversary period. It shall be the responsibility of the supervising officer to conduct the employee job performance evaluation. The job performance evaluation shall include a statement by the supervising officer indicating whether or not the employee has performed in a satisfactory or unsatisfactory capacity. In the event of an unsatisfactory performance rating, it shall be the responsibility of the supervising officer to notify the Chief of Police of his/her determination.
E. Upon the submission of an unsatisfactory employee job performance evaluation, the respective supervising officer shall submit his/her findings to the Chief of Police. Upon review by the Chief of Police, and finding the
submitted evaluation of the employee to be unsatisfactory; remedial action as defined in Section 8 of this Article, will be implemented.
F. An employee receiving a satisfactory initial employee job performance evaluation at the conclusion of the anniversary period, and shall subsequently be evaluated on an annual basis prior to his/her anniversary date. The evaluation shall be administered by the supervising officer at least twenty (20) working days prior to the anniversary date.
Section 3. Evaluation procedure for employees on step guide not at maximum
A. In the case of an individual hired at Step 1 or above, at least twenty (20) working days prior to the expiration of the anniversary period, it shall be the responsibility of the supervising officer to complete a written job performance evaluation in accordance with the procedures described in Section 4 of this Article VIII. This Job Performance Evaluation shall include a statement by the supervising officer as to whether the employee has performed in a satisfactory or unsatisfactory capacity. In the event an unsatisfactory job performance evaluation is rendered, the Chief of Police shall immediately notify the Township Administrator. .
B. Upon the submission of an unsatisfactory employee job performance evaluation, the respective supervising officer shall submit his/her findings to the Chief of Police.
C. An employee hired at Step l or above does not receive an increment for a one-year period until the anniversary date is reached. Said employee is subject to an annual employee job performance evaluation, which evaluation shall be administered by the supervising officer at least twenty (20) working days prior to the anniversary date. Should the employee receive an unsatisfactory job performance evaluation it shall be the responsibility of the supervisory officer to report his/her findings to the Chief of Police. Upon review by the Chief of Police, and finding the submitted evaluation of the employee to be unsatisfactory, remedial action as defined .in Section 8 of this article, will be implemented.
Section 4. Evaluation procedure for employees at the maximum step.
A. Prior to the effective date of any new salary ordinance which provides an adjustment in step for patrolmen, detectives and sergeants, it shall be. the responsibility of the Chief of Police to prepare a listing of all those employees who at the time of the ordinance's effective date have reached the maximum step. This list shall be prepared in the last quarter of the prior year and no later than November 30. .
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B. Based on the listing of the Chief of Police, supervising officers with employees who are classified at the maximum step shall administer an employee job performance evaluation immediately and no later than December 15 in the year prior to the effective date of any new salary ordinance. If an employee at the maximum step receives an unsatisfactory job performance evaluation, the respective supervising officer shall submit his/her findings to the Chief of Police. Upon review by the Chief of Police, and finding the submitted evaluation of the employee to be unsatisfactory, remediation as defined in Section 8 of this Article will be implemented. -
Section 5. Procedure for completion of evaluation form
A. Since the employee's job performance evaluation is directly related to an individual's anniversary date, the evaluation process must take place within a structured time frame. It shall be the responsibility of the supervising officer to complete and discuss the evaluation with the employee and, in the case of an unsatisfactory performance evaluation, to report his/her findings to the Chief of Police within twenty (20) working days prior to the anniversary date.
1. The evaluation form to be completed by the supervising officer and entitled "The Township of Hanover Police Department Employee Job Performance Evaluation" is attached hereto and made a part of this Agreement as if set forth in -full- for reference purposes. Please refer to Schedule "D".
2. The Employee Job Performance. Evaluation Form shall be completed in the following manner. For each work performance standard or skill set forth on pages 2 and 3 of the Form, the supervising officer shall follow the instructions on page 1. Each standard or skill has been assigned a fixed "relative importance factor", 1, 2 or 3 listed under column "A". The supervising officer will then determine a patrolmen's level of performance for each standard or skill and place a rating number of 1, 2, 3 or 4 beside the standard under column "B". The fixed numerical rating in column "A" will then be multiplied by the rating number in column "B". The end product will then be inserted in column "C" as the weighted evaluation.
The supervising officer will total the fixed relative importance factors under column "A" arid the weighted ratings in column "C" and insert the figures in the appropriate boxes on page 3 at the top of
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the Form which is entitled "Overall Ratings". The column "C" total is then to be divided by the column "A" total to obtain performance score.
B. The following definitions constitute the meaning of satisfactory and unsatisfactory performance.
1. Employees who receive an "Outstanding" score between 4.0 to 3.6 or a "Good" score between 3.5 to 2.5 have attained a "Satisfactory" rating. An employee receiving a "Satisfactory" performance rating means that the employee is making every attempt to do his/her best in performing the required job duties and responsibilities and who may also excel in superior performance in meeting or even exceeding the superior officer's expectations.. .
2. Employees who receive a "Needs Improvement" score between 2.4 to 1.6 or a "Poor" score between 1.5 to 1.0 have attained an "Unsatisfactory" rating. The "Needs Improvement" and "Poor" ratings equate to a level of performance which may be mediocre or consistently below the requirements of the position. Such a rating means that an employee is performing below adequate and minimum standards established by the Chief of Police.
3. The four (4) rating definitions under "Satisfactory" and "Unsatisfactory" are as follows:
a. Outstanding: Employee's performance consistently exceeds the standard; no shortcomings exist; goals and objectives are always met.
b. Good: Employee’s performance meets the standard; shortcomings may exist; goals and objectives are usually met.
c. Needs Improvement: Employee's performance does not always meet the standard; significant shortcomings are evident; goals and objectives are not always met.
d. Poor: Employee's performance consistently fails to meet the standard; major shortcomings exist; goals and objectives are not met.
- 20- -C. Attainment of an "Outstanding" rating:
As an incentive to achieving an "Outstanding" Job Performance Evaluation, the Township shall grant a "Bonus Compensation Day" to any employee who receives an "Outstanding" rating on his/her annual anniversary date or maximum step Job Performance Evaluation. A "Bonus Compensation Day" is defined as a compensated work day which the employee is entitled to take off, and must be scheduled in advance and, with the prior approval of the Chief of Police or Captain of Police. "Bonus Compensation Days" are limited to one (1) in any calendar year.
Section 6. Descriptive Evaluation - Supervisor and Employee Comments
A. Supervising Officer's Comments. Utilizing the space provided on page 3 and 4 of the Employee Job Performance Evaluation Form, the supervising officer shall describe and assess the employee's strengths and weaknesses on the job, and what the employee can do to improve job performance and productivity. The evaluator shall utilize his/her monthly notations on the employee as a tool to complete this section.
B. On page 4 of the Employee Job Performance Evaluation Form, the employee shall have the option of offering written comments.
C. If the employee so desires, he/she should note any disagreement with regard to 'any of the supervising officer's ratings set forth on pages 2 and 3 of the Form.
D. At the top of page 4 of the Employee Job Performance Evaluation Form, the supervising officer shall complete that portion of the Form entitled "Overall Rating".
- 21--Entitled "Advancement/Non-Advancement Certification Form".
Section 7. Employee Review of Advancement Form and Completion of Form
A. After the performance evaluation is completed, the supervising officer shall discuss and review his/her evaluation with the employee. The employee shall be given sufficient time to review the completed form, comment and ask questions.
B. Following an employee/supervising officer conference and after the notation of any written comments, the employee shall have the option of signing and dating the Job Performance Evaluation Form at the bottom of page 4 on the form entitled "Advancement/Non-Advancement Certification Form". Signing the form shall not be construed to mean either employee approval or disapproval with the contents of the evaluation but solely to confirm the fact that the employee had the opportunity to review, discuss and comment on the evaluation with his/her supervising officer. Signing both forms is only intended to confirm the fact that the employee had the benefit of reviewing and discussing the evaluation and that he/she is aware of the determination of that evaluation. .
C. At the time the employee signs page 4 of the Employee Job Performance Evaluation and the "Advancement/ Non-Advancement Certification Form" the supervising officer shall also sign and date the evaluation and certification form in the presence of the employee.
D. Review of evaluations by Chief of Police and Township Administrator.
1. It shall be the responsibility of the Chief of Police to review any unsatisfactory job performance evaluations. The employee shall have the right to meet with the Chief-of Police to discuss the results of the evaluation if he/she so desires. If for any reason the overall job rating of an employee is changed and a modification of the salary certification occurs, it shall be the responsibility of the Chief of Police to see that those changes are made. .
2. Review by Township Administrator. It shall be the responsibility of the Chief of Police to review the job performance evaluation as to completeness. The Chief of Police shall sign and date the evaluation and then submit it to the Township Administrator.
E. If an employee receives a "Satisfactory" rating, the Chief of Police shall complete a separate "Salary Certification Form" for the employee's anniversary date step increment which Form shall be submitted to the Township's Chief Municipal Finance Officer for certification.
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Section 8. Remedial Action
In the event that the Township feels that remedial action is necessary based upon an annual evaluation, the following shall apply:
I. The employee may be advised that a reevaluation will be conducted over the next six (6) months. There will be no other action taken;
II. If the year-end evaluation is unsatisfactory, the employee will be advised that his/her increment is being withheld.
A. The employee shall be reevaluated in 90 days. In the event that the Employee receives a satisfactory evaluation, the withheld increment shall be restored retroactive to the full 90 days.
B. In the event that the ninety (90) day re-evaluation is still unsatisfactory, the employee shall be reevaluated after another 90 days. In the event that the evaluation is then satisfactory, the increment will be restored but only retroactive to the beginning of the second 90-day period.
III. If the recommendation is for withholding an increment for one year, that employee will be one step behind on the salary guide until that person reaches his/he next anniversary date, and receives a satisfactory job performance evaluation, he/she will return to the maximum step.
C. In the event that there is an unsatisfactory rating after the second 90-day re-evaluation period, the employee shall lose the increment for the entire year.
Section 9. Appeal Process
1. In the event that an employee has been denied a salary increment, the employee has the right to appeal to a Committee of the Chief and Captain. This appeal shall be in writing and shall be submitted to the Chief no later than twenty (20) calendar days after receipt of the evaluation by the employee. A decision will be issued within 20 calendar days of the Chief's receipt of the appeal.
- 23- -2. If the employee disagrees with the decision of the aforementioned Committee above, the employee has the right to appeal the decision directly to the Township Committee. The appeal shall be in writing and should be sent no later than 20 calendar days from the receipt of the decision from the above Committee. A hearing, if any, will be held within thirty (30) calendar days of receipt of the appeal. A decision will be issued within 20 calendar days of the hearing.
3. If the employee disagrees with the decision of the Township Committee, the employee may request the PBA to file for arbitration pursuant to step 4 of the Grievance Procedure. If the PBA seeks to arbitrate the dispute, the PBA shall file such demand for arbitration and send a copy to the Township no later than 20 calendar days from the date of the decision of the Township Committee.
A. The Performance Evaluation Form entitled "Township of Hanover Police Department Performance Evaluation" and the "Advancement/Non-Advancement Certification" form are incorporated herein and made a part of this agreement as if set forth in full. Schedule "D".-
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LEAVE OF ABSENCE - PAID AND UNPAID
Leaves of absence with or without pay for reasons other than sickness or accident shall be in accordance with the following:
A. Service on Election Boards and Campaign Activities
Any officer who works on a Board of Election or as a candidate or campaign worker shall not be paid for absence from his scheduled duties during the time he is engaged in such activities. Time off for such activities may be taken from scheduled duties only upon approval of the Chief of Police, provided, however, scheduled time off shall not be granted if an officer is a candidate or campaign worker.
B. Military or Naval Duty
Leaves of absence will be granted to regular officers who are members of the National Guard, Naval Militia, or one of the reserve components of the Armed Forces, for field training duty and emergency service authorized and conducted by the various branches of the Military or Naval Services.
The leaves of absence will be granted with credit for time, with eligibility to all benefits, and with eligibility to sickness benefits if, at the termination of the leave, the officer is unable, on account of disability, to return to duty.
The officer shall submit a copy of the Military Order to the Chief of Police,
The officer shall make formal written request through the Chief of Police to the Township Committee immediately upon receipt of orders.
unless such order is of classified nature. The officer, upon return from duty, shall submit a certificate showing the dates of participating in the training program.
C. Payment for Training -
Payment for training duty shall be in accordance with the appropriate state statutes applying to the various types of military training duties.
D. Personal Leave
For police officers, sergeants and detectives, a maximum of twelve (12) hours of the annual compliment of ninety-six (96) hours sick leave may be taken annually as personal leave. Personal leave shall not accumulate from year to year. Such personal leave may only be taken with the prior approval
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of the Chief of Police. Police officers, sergeants and detectives shall receive twelve (12) hours personal leave annually not charged to sick leave accruals. The scheduling of such personal leave may only be done with the prior approval of the Chief of Police. Personal leave shall not accumulate from year to year. The Chief of Police has the sole discretion to grant or deny personal leave requests for the conduct of essential personal business. All requests for personal leave must be made in advance of the requested day, except in an emergency.
E. Sick Leave
Eligible employees shall accumulate sickness disability leave at the rate of eight (8) hours per month commencing with the first full calendar month of employment to a maximum of ninety-six (96) work hours per year. The accrued sick leave shall accumulate- to a maximum of six -hundred (600) hours, if not taken during- the calendar year.
F. Funeral Leave
Officers shall be entitled to three (3) working days off with pay upon the death of a spouse, child, mother, father, mother-in-law, father-in-law, sister, brother, and the maternal and/or paternal grandparent of the officer and his or her spouse. This absence will be permitted for funeral and funeral arrangements and shall be taken within one (1) week. However, should it be necessary to extend the funeral leave into a second week, the officer shall be required to obtain the prior approval of the Chief or his designee. -
G. Terminal Leave
The policy of terminal leave shall apply only to regular full-time employees retiring on service or disability pensions.
In case of discharge, dismissal or voluntary leaving of the Township's employ, no terminal leave will be granted.
Terminal leave with full pay computed at the employee's basic daily wage rate at the time of retirement shall be paid in accordance with the following schedule. -
- 26- -Terminal Leave
Accrued Sick Leave at
Time of Retirement Termination Allowance
408 to 600 hours 12 hours pay for
each full year of service
208 to 400 hours 8 hours pay for each full year of service
8 to 200 hours 4 hours pay for each full year of service
In no event shall the termination allowance in the table above exceed six hundred (600) hours pay full day's pay. -
H. The Township and PBA agree to negotiate possible changes to health benefits and terminal leave payments during the term of the 2001 - 2003 contract. To conclude these matters in an expeditious fashion the Township and PBA shall meet and resolve these issues on or before December 31, 2002.
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UNIFORMS & UNIFORM ALLOWANCE
The Employer shall pay Detectives a clothing allowance of $600.00 for each calendar year. Payment shall be made against this allowance only upon submission of approved vouchers describing the clothing to be purchased, which must be appropriate for the duties performed pursuant to specifications established by the Chief of Police. Upon actual purchase of clothing, itemized receipts must be presented promptly to the Township Administrator.
With the exception of the shirts, trousers, uniform cap and ties which cost to the Township shall not exceed the amount specified in Section 1 above per Bargaining unit employee, the employer shall also provide to patrolmen, sergeants and detectives, all other necessary materials for patrolmen, sergeants and detectives to perform the duties required of them as a result of normal wear and tear or damage in the line of duty.
With regard to the uniform clothing allowance, it shall be the responsibility of the Chief of the Police Department to establish appropriate specifications for the uniform which must be conformed to and met by the items of clothing purchased by each patrolman, sergeant and detective. Upon actual purchase of clothing, and itemized receipt must be presented promptly to the Chief of Police.
Each officer shall receive a Uniform Maintenance Allowance of $300.00 for each calendar year which allowance shall be paid in two equal installments on June 1 and December 1. Said Allowance shall be prorated for new hires as in the case of Payments in Lieu of Holidays. See Article VI, Section 2, above.
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INSURANCE AND RETIREMENT
The employer shall continue to pay the premiums for the members of the bargaining unit covered under the North Jersey Municipal Employee Benefits Fund and the Police and Firemen's Retirement System. It is understood and agreed that the benefits provided under the North Jersey Municipal Employee Benefits Fund will duplicate and equal all of the benefits made available under the State Health Benefits Plan as it existed on December 31, 1992.
The Township shall solely bear the premium costs for 2001 through 2003, including any increase in such premium costs, notwithstanding the provisions of the 1987-1988 Collective Bargaining Agreement, Article X, Section 2. Dental insurance coverage shall be provided as set forth in the contract of insurance.
It is further understood and agreed that the dental insurance coverage provided under the North Jersey Municipal Employee Benefits Fund will duplicate and equal all of the benefits made available under the dental insurance coverage formerly provided through the Township as it existed on December 31, 1994. Dental benefits coverage through the New Jersey Municipal Employee Benefits Fund are attached to this Agreement as Schedule "B".
To be eligible to receive health insurance benefits upon retirement, any employee hired on or after January l, 200l, and retiring in accordance-withtheJ9fovisions-of-the Police and Firefighters Retirement System, following twenty-five (25) years service credit, must complete at least twenty (20) of the twenty-five (25) years of continuous service with the Township of Hanover. Periods of suspension, approved leaves or absence or periods of disability/medical leave shall not be deemed to break "continuous service". Only time for which pension payments have been made shall be credited toward the continuous service requirement.
During the term of the 2001-2003 Agreement, the PBA and the Township agree to negotiate possible changes to health insurance benefits and terminal leave payments. However, to conclude these matters in an expeditious fashion, the Township and the PBA shall meet and resolve these issues on or before December 31, 2002.
- 29- -
Employees currently receiving college credit payments as set forth on the attached Schedule, which is appended hereto and made a part hereof as Schedule "D" shall continue to receive said college credit payments during the term of this Agreement.
All employees covered by this Agreement are eligible to participate in the
Township's College Tuition Aid Reimbursement Plan and Policy.
Any police officer satisfactorily completing a job related undergraduate or graduate college course, in accordance with the requirements of Section 61-27 of the Code of the Township, will be eligible to receive tuition aid reimbursement up to maximum of $600.00 per semester and not to exceed $1,200.00 in any one calendar year. -
- 30 --
COMPENSATION UPON PROMOTION
Any officer promoted to Detective, Sergeant or Detective Sergeant will receive compensation in accordance with the pay schedule for the higher rank from the date of appointment. Terms of this article are subject to the provisions of Article VIII Employee Job Performance Evaluation System. -
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It is agreed that one (1) Association State P.B.A. delegate shall be entitled to attend one (1) monthly meeting of the State P.B.A. for one (1) day without loss of pay, provided such meetings are related to promoting public safety. -
One (1) delegate and two (2) alternative delegates shall be permitted to attend the annual State P.B.A. Convention without loss of pay for a maximum of three (3) days provided the Convention is related to promoting public safety. If the convention site is beyond a radius of one thousand (1000) miles from the Township, up to two (2) additional days with pay shall be permitted for travel time, if required. -
In order to maintain harmony and minimize friction between the parties, the President of the Association or his designee shall be permitted to service officers on matters covered by this Agreement provided such efforts do not unreasonably interfere with the President's own duties as an officer or the operation of the Department.
No member of the bargaining unit or officer of the Association shall be discriminated against because of his membership in, or lawful activity on behalf of, the Association.
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MAINTENANCE OF STANDARDS
It is agreed that those rights, privileges and benefits that were regularly exercised which the officers - covered by this Agreement enjoyed prior to the date of this Agreement are retained by the officers except as those rights, privileges and benefits are specifically modified by this Agreement.
It is agreed that this Article shall not infringe upon the regulatory or legal obligations of individual officers, shall not be construed to impose criminal or civil liability upon the Township, and shall not impose an unreasonable burden upon the operation of the Police Department.
- 33 - -
This contract shall become effective at 12:01 a.m., January 1, 2001, and shall continue in full force and effect until Midnight, December 31, 2003. -
The parties shall begin negotiations for a new Agreement not prior to October 1 of the year in which this Agreement expires, upon written notice by either party to the other.
Signed and sealed this 1st day August 2002
ATTEST: TOWNSHIP OF HANOVER
Joseph A. Giorgio, Ronald Francioli, Mayor
ATTEST: THE POLICEMEN'S BENEVOLENT
ASSOCIATION, LOCAL NO. 128,
James Peslis, Treasurer Christopher Martino, President
- 34- -
PBA SALARY GUIDE
PATROLMEN, DETECTIVES AND SERGEANTS
The following annual wage schedule by job classification in the Police Department for current police officers shall be as hereinafter specified and shall be payable on an annual basis over twenty-six (26) pay periods:
| STEP |
| 20,760|| 21,549|| 22,368|
| STEP 1|| 35,816|| 37,177|| 38,590|
| STEP 2|| 40,139|| 41,665|| 43,248|
| STEP 3|| 44,463|| 46,152|| 47,906|
| STEP 4|| 48,786|| 50,640|| 52,564|
| STEP 5|| 53,109|| 55,127|| 57,222|
| STEP 6|| 57,433|| 59,615|| 61,880|
| 62,482|| 64,960|| 66,161|| 68,779|| 69,980|
| 66,806|| 69,448|| 70,732 || 73,524|| 74,808|
| STEP 1|| 68,466|| 71,172|| 72,488|| 75,346|| 76,662|
| STEP 2|| 70,127|| 72,896 || 74,244|| 77,169|| 78,517|
| STEP 3|| 71,788|| 74,620|| 76,000|| 78,992|| 80,372|
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Co-Payment - Preventative and Diagnostic:
Remaining Basic Services: 100%
Prosthodontic Benefits: 70/30
Prosthodontic Benefits: 50/50
(including crowns, inlays and gold restorations)
The maximum amount payable by the dental carrier for the above dental services provided to an eligible patient in any calendar year is $1,000.00.
There will be a $25.00 deductible per patient per calendar year which is not applicable to Preventative and Diagnostic Services. There i,s a $75.00 Family Maximum aggregate deductible which is not applicable to Preventative and Diagnostic Services.
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LIST OF PARTICIPANTS WHO SHALL CONTINUE TO RECEIVE THE FOLLOWING COLLEGE CREDIT PAYMENTS DURING THE TERM OF THIS AGREEMENT
NAME OF EMPLOYEE COLLEGE CREDIT PAYMENT
A. Robertson 330.00
Notwithstanding the provisions of any Township resolution concerning college credit payments proration upon termination of employment with the Township, as an incentive to - those Township police officers retiring pursuant to a regular service retirement under the terms prescribed by the Police and Firemen's Retirement System with twenty-five (25) or more years of service, the Township will not prorate the college credit payment in the last year of service in -recognition of that officer's meritorious service. Rather, the eligible employee will receive his entire college credit payment regardless of his retirement date. Any full-time employee who may qualify - under the terms of this provision shall make application to the Township Committee at least sixty (60) days prior to the date of retirement.
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SCHEDULE - D -
-Township of Hanover
Police Department Evaluation -
|Employee Name||Employee Social Security Number|
|Rank||Date of Hire Anniversary Date|
|Type of Evaluation|
[ ] Annual [ ] Introductory [ ] Reevaluation
|Evaluation Due Date|
4.0 - 3.6
3.5 - 2.5
2.4 - 1.6
1.5 - 1.0
Rating Scale GuidelinesOutstanding - Employee's performance consistently exceeds the standard; no shortcomings exist; goals and objectives are always met.
Good - Employee's performance meets the standard; shortcomings may exist; goals and objectives are usually met.
Needs Improvement - Employee's performance does not always meet the standard; significant shortcomings are evident; goals and objectives are not always met.
Unsatisfactory - Employee's performance consistently fails to meet the standard; major shortcomings exist; goals and objectives are not met.
Relative Importance Factor
The-relative importance factor is in column A (1, 2 or 3)
Determine the level of performance for each standard and place in column B the corresponding rating number- (1, 2, 3, 4).
Multiply the importance factor in column A by the performance factor in column B and insert the product in column C as the weighted evaluation -
Total the importance factors in column A and the weighted evaluations in column C and place those figures in the appropriate boxes in the Overall Ratings section on the back of this form. .
Divide the column C total by the column A total to obtain the performance score.
Assign a Performance Rating based on the Rating Scale above.
Evaluation of Work Performance Skills
Comment on any Education Seminars, Meetings or classes employee should attend:
Evaluation of Work Performance Skills
| Job Knowledge|
Understanding the fundamentals, methods, procedures, Laws of the position in order to
satisfactorily perform the work
| Thoroughness and Accuracy|
Attention to detail, Completeness of investigations, reports and other responsibilities
connected with job responsibilities
| Initiative and Drive|
Self-confident, ambitious, enthusiastic performance of responsibilities with a minimum of
instruction, desire to attain goals, to achieve.
Talent for having new ideas, for finding new and better ways of doing things and bringing
these ideas to the departments attention, imaginative
| Expression of information and Ideas|
Posses the skills and ability to communicate thoughts and ideas orally and in writing
| Job Attitude|
Willingness and desire to execute all duties, responsibilities and assignments and to follow
| Effectiveness Under Stress I Stability|
Ability to withstand pressure and to remain calm in crisis or stressful situations. Ability to
remain calm and professional in the performance of the job.
| Overall Quality of Work|
General assessment, including arrests, reports, presentations and submissions.
Absent from work: absence and sick occurrences: 0 or 1 Outstanding; 2 or 3
Commendable; 4 or 5 Good; 6 or 7 Needs Improvement; 8 or more Unsatisfactory
| Supervisory Input|
Responds to supervisory input in a positive manner. Views feedback as an opportunity to
| Effectiveness with others|
Ability of individual to cooperate with others in successfully completing investigations and
assignments. Others include but are not limited to: co-workers, other departments within the
Township, other agency's and departments out side the township.
Ability of employee to successfully complete job functions and assignments with a minimum
of supervision. Observance of work hours. Reporting to work on time (relieving shifts).
Observing and conforming to lunch and break times.
| Contact with Public|
Treats public with respect and courtesy. Presents self in a professional manner. Handles
citizen complaints and problems in a courteous and polite fashion.
| Judgment in coping with problems|
Ability to weigh the facts and circumstances, and coupled with knowledge of the job be able to
make sound judgment and decisions.
Dependable, always available to assist, concerned about fellow workers.
| Personal Appearance|
Uniform - Cleanliness and neatness, always looks fresh and neat in appearance. Continually
conforms to the departments procedure concerning manners of dress
| Appearance of Equipment|
Department issued equipment-and assigned equipment is kept in clean and orderly.
| Safety Practices|
Oriented toward safe work habits and practices and health standards.
| Continuing Education|
Attends two educational seminars or meetings per year which are related to Law Enforcement.
| Additional Responsibilities|
Assumes responsibilities in the absence of the supervisor.
| Special Projects, Assignments and Skills|
List special skills the employee has attained and how it effects their performance of their job. Also evaluate the employees performance of special projects in this section. Comment below
| For those employees who do not have additional responsibilities or who have not been assigned special projects or assignments, those categories will be |
N/A (not applicable) and column A for those categories will not be totaled into the overall column on page 4
Total Column C
Total Column A