Contract Between
Metuchen Boro-Middlesex
- and -
PBA Loc 60
* * *
01/01/2004 thru 12/31/2006

UnitPolice Officers

Contract Text Below
Page 33


                  2004, 2005 AND 2006
              METUCHEN PBA LOCAL NO. 60



PREAMBLE.............................................................................. 4

I Recognition of Bargaining Unit............................................... 4

II Management Rights...........................................................…... 5

III Representation Fee............................................................…… 5

IV PBA Union Business...........................................................….. 7

V Grievance Procedure.............................................................…. 7

VI Arbitration.........................................................................……. 9

VII Hours of Work and Overtime.................................................... 10

VIII Wages and Longevity Schedules............................................... 12

IX Holiday Pay.........................................................................…… 15

X Vacation Leave.......................................................................…. 16

XI Sick Leave..........................................................................……. 17

XII Extended Sick Leave.................................................................. 18

XIII Unpaid Leave of Absence.......................................................... 19

XIV Bereavement Leave..................................................................… 19

XV Health Insurance and Pension Benefits..................................…. 20

XVI Clothing and Maintenance Allowances...................................… 22

XVII College Credits and Tuition Reimbursement.........................….. 23

XVIII Seniority List..................................................................………. 24

XIX Promotional Procedures and New Positions................................. 25

XX Reduction in Force (RIF)............................................................. 26

XXI Separation From Service.............................................................. 26




XXII Veteran's Rights and Benefits........................................................ 29

XXIII Notification of Employee Discharge............................................. 29

XXIV Personnel Folders.......................................................................… 30

XXV Bill of Rights.............................................................................… 30

XXVI Miscellaneous Provision................................................................ 32

XXVII Duration of Agreement.................................................................. 33

XXVIII Separability Clause........................................................................ 33


This Agreement, made this ญญญ____ day of ญญ___________ 2004, by and between the

BOROUGH OF METUCHEN, a municipal corporation of New Jersey, hereinafter referred to as

the "Borough" and the METUCHEN PBA LOCAL NO. 60, a union affiliated with the New

Jersey State Policemen's Benevolent Association, hereinafter referred to as the "PBA".


WHEREAS, the parties have carried on collective bargaining for the purpose of

developing a contract covering wages, hours of work and other conditions of employment;

NOW, THEREFORE, it is mutually agreed between the parties hereto as follows:

1. The Borough hereby recognizes the PBA as the sole and exclusive representative for

the purpose of collective bargaining with respect to the terms and conditions of

employment for the members of the bargaining unit, which shall be defined as all employees of

the Police Department holding the rank of Sergeant, Detective, Corporal, and Patrol Officer.
2. Wherever used herein, the term "employees" shall mean and be construed only as

referring to the Police Department employees covered by this Agreement.

1. It is the right of the Borough to determine the standard of service to be offered by

the Police Department; determine the standards of selection for employment in accordance with

the law; direct its employees; take appropriate disciplinary action in accordance with the law;

relieve its employees from duty because of lack of work, or for any other legitimate reasons;

determine the means and personnel by which its operations are to be conducted; determine the

content of job classifications; schedule the hours; take all necessary actions to perform its

obligation in emergencies; and exert complete control and discretion over its organization and

technology of performing its work.

2. Nothing in the article shall alter or relieve the Borough of any of its obligations agreed

to and undertaken by this Agreement.


If an employee does not become a member of the PBA during any membership year (i.e.

from January 1 to the following December 31) which is covered in whole or in part by this

Agreement, said employee will be required to pay a representation fee to the PBA for that

membership year. This fee shall be the maximum allowed by law.
1. Notification: Prior to March 1 of each year, the PBA will submit to the Employer

a list of those employees who have neither become members of the PBA for the then current

membership year nor paid directly to the PBA the full amount of the representation fee for that

membership year. The Employer will deduct from the salaries of such employees, in accordance

with Paragraph 2 below, the full amount of the representation fee and promptly will transmit the

amount so deducted to the PBA.

    2. Payroll Deduction Schedule: The employer will deduct the representation fee in

    equal installments, as nearly as possible, from the paychecks paid to each employee on the

    aforesaid list during the remainder of the membership year in question. The deductions will

    begin with the first paycheck paid:

        (a) 10 days after receipt of the aforesaid list by the Employer; or
    (b) 30 days after the employee begins his employment in a bargaining unit position.
    3. Termination of Employment: If an employee who is required to pay a

    representation fee terminates his employment with the Employer before the PBA has received

    the full amount of the representation fee to which it is entitled under this Article, the Employer

    will deduct the unpaid portion of the fee from the last paycheck paid to said employee during the

    membership year in question.
    4. Mechanics of Deduction and Transmission of Fees: Except as otherwise provided

    in this Article, the mechanics for the deduction of representation fees and the transmission of

    such fees to the PBA will, as nearly as possible, be the same as those used for the deduction and

    transmission of regular membership dues to the PBA.
    5. Changes: The PBA will notify the Employer in writing of any changes in the list

    provided for in Paragraph 1 above and/or the amount of the representation fee, and such changes

    will be reflected in any deductions made more than 10 days after the Employer receives said

    6. New Employees: On or about the last day of each month, beginning with the

    month this Agreement becomes effective, the Employer will submit to the PBA a list of all

    employees who began their employment in a bargaining unit position during the preceding 30-

    day period. The list will include names, job titles and date of employment for all such


    1. It is agreed and understood that the PBA shall have the sole responsibility for new

    employees' membership into the union and said membership shall not be a condition of

    2. The PBA Delegate shall be allowed to attend the monthly State PBA meeting and if

    said delegate is scheduled to work that day, he shall be given the day off with no loss of time or


    3. The PBA Delegate shall be allowed to attend the monthly County PBA meeting and if

    said delegate is scheduled to work that day, he shall be given the day off with no loss of time or


        4. The following employees shall be allowed to attend the State Annual Convention for
    its duration with no loss of time or pay: the Delegate, one Alternate Delegate with the rank of

    Sergeant or above, three Alternate Delegates with the rank of Patrolman.
    5. During negotiations, up to two members of the PBA negotiating team shall be

    allowed off with no loss of time or pay if they are scheduled to work. Such employees will

    attend in uniform and shall return to duty if their services are required.

    1. A grievance shall be defined as any dispute involving the interpretation, application

    or violation of policies, agreements, Rules and Regulations, or administrative decisions affecting

    terms and conditions of employment and shall be settled and determined in accordance with the

    following procedure:

    STEP 1. The grievant and the PBA President, or his designee, shall present and discuss

    the grievance(s) orally with the Captain within twenty-one (21) days of the occurrence-giving

    rise to knowledge of said event. The Captain shall answer the grievance within seven (7) days

    from the date of the presentation.

    STEP 2. If the grievance is not resolved at Step 1, or if an answer has not been received

    by the PBA within the time set forth in Step 1, the PBA shall present the grievance in writing

    within ten (10) days thereafter to the Chief of Police or his designee. The grievance shall be

    discussed between the grievant, the PBA President or his designee, and the Chief of Police, or

    his designee. The Chief of Police or his designee shall answer the grievance in writing within

    seven (7) days after receipt of said grievance.

    STEP 3. If the grievance is not resolved at Step 2, or if an answer has not been received

    by the PBA within the time set forth in Step 2, the PBA shall notify the Chief of Police or his

    designee within ten (10) days thereafter of its desire to meet with the Borough Administrator.

    The Borough Administrator shall have a hearing on said grievance within fourteen (14) days of

    the receipt of such notice and shall render his/her written decision within ten (10) days of said

    hearing date.
    2. The number of days mentioned under this article shall be considered calendar days.

    If for any reason, a representative of the Borough is not available for discussion of said grievance

    within the time set forth, the time limit can be extended upon a mutual agreement by both

    3. Failure at any step of this procedure to communicate the decision on a grievance

    within the specified time limits shall permit the grievant to proceed to the next step. Failure at

    any step of this procedure to appeal a grievance to the next step within the specified time limits

    shall be deemed to be a waiver of further appeal of the decision.

      4. If a grievance is not resolved at Step 3, or if an answer has not been received by the

      PBA within the time set forth in Step 3, the PBA may make a written demand for arbitration in

      accordance with Article V Arbitration as hereinafter set forth except that the Borough

      Administrator's decision shall be final in cases dealing with the interpretation and application of

      police Rules and Regulations and that disciplinary matters, upon which formal charges have not

      been brought, shall be adjudicated in accordance with N.J.S.A. 40A-147, et seq and shall not be

      subject to arbitration.
      5. It is understood that the Borough may file a grievance concerning the interpretation

      and application of this Agreement, which if said grievance cannot be amicably resolved through

      the steps of the grievance procedure, shall be submitted to arbitration pursuant to Article V


      1. Provided it is not specifically exempted from the arbitration process as set forth above,

      any unresolved grievance may be referred to arbitration by either party within fifteen (15) days

      of the exhaustion of the grievance procedure as herein provided under the rules and regulations

      of the Public Employment Relations Commission (PERC).
      2. The decision of the arbitrator shall be in writing and shall include the reasons for such

      findings and conclusions. There shall be no power to add to, subtract from or modify this

      Agreement. The decision of the arbitrator shall be final and binding upon the parties.
      3. Each grievance will be arbitrated separately except those of a similar nature pursuant

      to mutual agreement. The cost of the arbitrator's services, if any, shall be borne equally be the

      Borough and the PBA.

      1. The workday shall consist of not more than eight (8) consecutive hours in a twenty-

      four (24) hour period, except as mutually agreed to by the parties.
      2. Employees who work on shifts shall work tours of four (4) consecutive workdays

      followed by two (2) consecutive days off. All non-shift employees will work a forty (40) hour

      work week as determined by the Chief of Police or his designee.
      3. Upon the declaration of an official emergency, as defined by N.J.S.A. 40A:14-133, et

      seq., the provision above shall not apply.
      4. An employee who is called into work on his scheduled day off will be compensated a

      minimum of eight (8) hours compensation at time and one-half regardless of the amount of time

      actually worked, either by overtime pay or compensatory time off as set forth below.
      5. An employee who is called into work prior to or after his normal shift will be

      compensated a minimum of four (4) hours overtime at time and one-half regardless of time

      actually worked, either by overtime pay or compensatory time off as set forth below.
      6. An employee who works overtime continuing directly after his regular shift will be

      compensated at time and one-half for every hour or part thereof worked, with no minimum as set

      forth below.
      7. An employee who works overtime as set forth in Section 6 shall be compensated for

      each hour or part thereof by compensatory time off at the rate of one and one-half times the

      hours or part thereof actually worked.

      8. Employees notified to appear before any Grand Jury or any Municipal, County,

      Superior Court proceeding, Administrative Hearings or Federal Court proceedings, except in a

      civil action or disciplinary hearing where he is appearing as a defendant, while on duty, shall be

      considered on assignment and suffer no loss in compensation. When such appearance occurs

      outside the employee's assigned duty hours, he shall receive compensatory time off at a rate of

      one and one-half times the hours worked, subject to minimum standards set forth in Sections 4, 5

      and 6.
      9. Employees shall be granted no more than a fifteen (15) minute coffee break in the

      morning and no more than a fifteen (15) minute coffee break in the afternoon without loss of

      10. An employee shall be granted up to thirty (30) minutes for a meal break during his

      regular workday. When an employee is required to work in excess of ten (10) hours or more, he

      shall be granted a second thirty (30) minute meal period, without loss of pay or time, and shall be

      granted an additional thirty (30) minute meal period for each five (5) hour period over the above-

      mentioned ten hours, and an allowance of $4.00 per meal shall be provided. When an

      employee's scheduled work takes him outside the Borough of Metuchen and extends into a meal

      period, he shall be provided an allowance for each meal as follows: $2.00 for breakfast, $3.50

      for lunch, and $5.00 for supper.

      11. All requests for compensatory time off shall be submitted to the Chief of Police or his

      designee in writing and shall be approved or denied in writing. All compensatory time earned by

      an employee between January 1 and December 31 of any calendar year shall be used within one

      (1)year of December 31 of the previous calendar year. Any request for compensatory time shall

      list an alternate date or dates. No request shall ask for more than four consecutive days of

      compensatory time. If the dates requested or alternate date or dates for compensatory time are

      denied, then the employee shall be paid for the said accrued compensatory time denied on the

      second next regular pay day following the denial. Any compensatory time accumulated prior to

      the execution of this agreement will not be subject to the one-year time limitation.
      12. The Chief of Police may call up to two (2) department meetings each calendar year

      to discuss police matters. Members shall be compensated by (as an exception to Section 5

      above) receiving a minimum guarantee of two hours at one and one-half times in compensatory

      time or actual time in attendance, whichever is greater.

      1. Effective January 1, 2004 salaries shall be increased by Six Hundred Fifty Dollars

      ($650) plus Three and Seventy Five One Hundredths percent (3.75%) as set forth in the

      following salary schedule:

      1st yr. 2nd yr. 3rd yr. 4th yr. 5th yr. 6th yr. Maximum

      Sgt. $75,130 $75,130

      Det. $70,873 $70,873

      Ptl. $35,560 $42,165 $48,771 $55,372 $61,976 $68,658 $68,658

      2. Effective January 1, 2005, salaries shall be increased by Seven Hundred Dollars

      ($700) plus Three and Seventy Five One Hundredths percent (3.75%) as set forth in the

      following salary schedule:

      1st yr. 2nd yr. 3rd yr. 4th yr. 5th yr. 6th yr. Maximum

      Sgt. $78,674 $78,674

      Det. $74257 $74,257

      Ptl. $37,620 $44,472 $51,326 $58,175 $65,026 $71,959 $71,959

      3. Effective January 1, 2006, salaries shall be increased by Seven Hundred Fifty Dollars

      ($750) plus Three and Seventy Five One Hundredths percent (3.75%) as set forth in the

      following salary schedule:

      1st yr. 2nd yr. 3rd yr. 4th yr. 5th yr. 6th yr. Maximum

      Sgt. $82,402 $82,402

      Det. $77,820 $77,820

      Ptl. $39,809 $46,918 $54,029 $61,135 $68,243 $75,436 $75,436

      4. The position of Corporal is a temporary assignment and will be handled as all other

      positions in the Department. Officers assigned as Corporal will have their annual base pay

      increased by the sum of $900.00. In the event of a personnel change during the calendar year

      January 1 to December 31, the $900 will be prorated to reflect actual time served in the Corporal

      position. In the event an officer receiving the additional base pay for the Corporal position is

      reassigned; his or her base pay will be reduced accordingly. Neither the officer nor the PBA will

      have any right to challenge the reduction in base pay resulting from the assignment.

      The assignment of an officer as Corporal is a matter of managerial prerogative. No aspect of the

      decision to assign an officer as Corporal, to reassign an officer serving as Corporal or the

      corresponding decrease in compensation will be subject to a grievance or otherwise subject to

      challenge by the officer or the PBA.
      5. In the event an employee is temporarily assigned to a higher pay classification and

      performs the duties of that classification for sixteen (16) days, he shall receive the rate of pay for

      the higher rated classification starting on the 17th day. Upon returning to his former duties he

      will return to his former rate of pay.

            6. In addition to the annual salary, each employee shall be eligible to receive
      longevity increments calculated on the employee's current base pay, as follows: however,

      employees hired after January 1, 1983 shall not receive any longevity payments until the

      completion of ten (10) years of service:



      4th 2.0%

      5 2.5

      6 3.0

      7 3.5

      8 4.0

      9 4.5

      10 5.0

      11 5.5

      12 6.0

      13 6.5

      14 7.0

      15 7.5

      16 8.0

      17 8.5

      18 9.0

      19 9.5

      20-24 10.0

      25 and thereafter 10.5

      6. The additional longevity compensation will be paid beginning January 1 of the

      calendar year in which the scheduled years of service are completed by the employee.

      Employees shall be paid in bi-weekly installments in accordance with the salary schedule set

      forth in Section 1 above.

      8. The existing practice of salary guide movement on the officer’s anniversary date shall


      1. In accordance with his annual salary, each employee shall receive payment for each

      of fourteen (14) holidays per year at the rate of a day's pay (8 hours), including

      longevity pay and any college credits, even though no work, or work may be performed on such

      days. Said holiday pay shall be payable in one lump sum the first week in November.
      2. Non-shift employees shall be granted time off with pay on the following holidays:

      New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving, and Christmas. In

      addition, non-shift employees shall be granted a total of eight (8) personal leave days with pay

      for the transaction of their personal business upon approval of the Chief of Police, or his

      3. Employees who work less than twelve (12) months in any calendar year because of

      the date of their appointment to, or because of the date of their separation from, the

      police department shall be entitled to receive the holiday pay in November on the following

      schedule: one day's pay for each month or part of a month for which the employee worked for

      the Borough.
      4. If any employee is not actually working any of those twelve (12) months due to

      vacation time or regular sick leave, he shall not be penalized for the loss of any such months. If

      he is not working because of extended sick leave and other leaves of absence, his holiday

      benefits shall be determined in accordance with those provisions.

      1. All employees shall be granted vacation leaves beginning in the calendar year in

      which the employee completes his continuous service, in accordance with the following




      6 mos. - 1 year 7 Days 5 days

      1 - 4 14 10

      5 - 9 21 15

      10 - 14 28 20

      15 or more 35

      15 - 24 25

      25 or more 30

      2. The Borough agrees that in the event an employee leaves the employ of the Borough

      before vacation period, he shall be compensated for any accrued vacation time that may be due

      him in accordance with the above schedule.

          3. The vacation schedule shall be drafted by the Borough on or before January 1st of
      each year and posted on the bulletin board. In preparing the vacation schedule the Borough shall

      endeavor to permit vacations on the basis of seniority. It is specifically agreed, however, all

      vacations shall be determined by the Borough with due regard to efficient operations. Vacations

      will be taken during the regular vacation period between January 1 and December 31, inclusive.

          4.The Borough hereby recognizes that summer vacation is considered prime time and
      shall endeavor to insure that all employees will be able to have prime time, will post on bulletin

      board for employee to sign, with seniority prevailing, a prime vacation listing consisting of eight

      (8) sixteen day periods commencing May 15th and ending September 19th.

      1. As used in this section, "sick leave" means paid leave that shall be granted to

      employees who because of sickness or injury cannot report to work to carry out the duties of his

      2. Each employee shall be credited with fifteen (15) days on January 1 of each year

      which sick days may be accumulated. Employees hired after January 1, 2004 shall be credited

      with fourteen (14) days on January 1 of each year which sick days may be accumulated.
      3. Any employee who reports in for duty and subsequently reports off duty due to

      illness will be charged a percentage of a sick day proportionate only to those hours actually not

      4. During the term of any regular sick leave, the employee shall receive his full pay and

      all other benefits to which he is entitled under this contract.

      5. Sick Leave Incentive Program: A sick leave incentive bonus shall be paid annually as

      (a) 0-2 sick days absent from work due to sickness in any calendar year

      three hundred dollar ($300.00) bonus;
      (b) 3-5 sick days absent from work due to sickness in any calendar year –

      one hundred and fifty dollar ($150.00) bonus.

          The aforesaid bonus shall be paid in the second pay period following the final budget
      adoption, but in any event no later than June 1st.

      1. For a job related illness, injury or disability, each employee shall receive one (1) year

      sick leave without using any of his accumulated sick time. After that, continued illness will

      require use of sick time.
      2. During the job related extended sick leave, the employee, if he has not done so, shall

      at the request of the Borough file for worker's compensation benefits, and any benefits received

      during the term of the disability shall be endorsed and delivered to the Borough.
      3. For a non-job related illness, injury or disability, each employee shall rely upon

      current sick time as well as accumulated sick time. Upon the exhaustion of said sick time, the

      Borough may, at its discretion, which shall not be unreasonably withheld, grant up to one (1)

      year's sick leave with pay.

      4. The above sick leave and/or sick days shall be granted upon verification of the

      illness, injury or disability by the Borough's appointed physician. Nothing herein shall prevent

      the Borough from making a determination, based upon the physician's examination and report,

      before, during, or after any employee's sick leave, that the employee is suffering from such

      permanent disability or incapacity that he can no longer serve as a member of the Metuchen

      Police Department.
      5. In such event, as described in Section 4 above, the Borough shall notify the employee

      that his services are terminated based on retirement or disability under N.J.S.A. 40A:14-147.

      However, in the event the Mayor and Council determines that an employee shall not be entitled

      to a leave of absence with pay for a non-job related disability, said employee shall not be

      discharged by reason of said disability until the lapse of one (1) year from the time his regular

      sick leave period had expired.

      1. In addition to, or separate from, any sick leaves granted to an employee, the Borough

      Council, upon receipt of a written request by an employee, and only upon the recommendation of

      both the Chief of Police and the Borough Administrator, may grant a leave of absence without

      pay for a period not exceeding ninety (90) days.
      2. Any employee requesting a leave of absence without pay shall submit such request in

      writing to the Chief of Police and the Borough Administrator stating the reasons he desires such

      leave of absence, when he desires it to commence and the probable date of return to duty. Leave

      of absence without pay shall become effective only after the approval of the Borough Council.

      3. In determining whether to grant said leave of absence, the Borough Council will

      make its determination for any reasons allowable by law; its decision as to whether to grant or

      deny the request for leave of absence shall be final and the denial of the leave shall not be

      considered a cause for grievance under this contract.
      4. During said leave of absence all hospitalization and medical insurance coverage,

      seniority and pension rights shall continue, but no holiday or vacation pay shall accrue.


      Employees will be granted four (4) days off for the purpose of attending or arranging for

      a funeral or for mourning when death occurs in the employee's immediate family which is

      defined as spouse, parent, step parent, child, step child, brother or sister (step or half included),

      father-in-law, mother-in-law, brother-in-law, sister-in-law, or any relative living under the same

      roof, and one (1) day for grandparents, aunts, uncles, first cousins and in-laws in the same


      1. The Borough shall provide Medical and Major Medical coverage to active employees

      and retired employees and their dependents which coverage, if changed, shall be equal to or

      greater than the present coverage.

          Effective January 1, 2005 insurance coverage shall be changed as follows:
      (a) Single: $100.00 deductible
              (b) Family: $200.00 deductible
          (c) 80/20% co-insurance of the first $1,000 of covered
                  charges with 100% coverage thereafter

      (d) Prescription Drugs:
      a. Over the Counter: Generic $5.00 co-pay for each 30-day

      prescription filled; all others $15.00 co-pay for each 30-day prescription filled. Prescription card

      must be used in order to obtain reimbursement.
      b. Mail Order: Generic $5.00 co-pay for each 90-day prescription

      filled; all others $15.00 co-pay for each 90-day prescription filled. Prescription card must be

      used in order to obtain reimbursement.
      (e) Hospital pre-admission certification and continuing stay review required.

            (f) Second surgical opinion required.
      2. The Borough shall continue to provide life insurance and accidental death and

      dismemberment insurance for employees, which is in effect at the present time for all


          3. The schedule of benefits is as follows:


      An amount equal to 1-1/2x An amount equal to the

      the employee's base salary life insurance.

          4.The Borough shall provide dental insurance for all employees and their dependents,
      which is in effect at the present time.


      1. The Borough shall provide new employees with the following uniform and equipment items:

      2 pairs of pants 1 gun belt

      2 short sleeve shirts 1 service weapon

      2 long sleeve shirts 1 ammunition holder

      1 blouse 1 box ammunition

      1 departmental jacket 1 set of handcuffs

      1 raincoat 1 handcuff case

      1 rain hat 1 expandable baton

      1 summer hat 1 flashlight

      1 winter hat 1 pair of slush boots

      1 pair of shoes 2 neckties

      2 breast plates (badges) 1 nameplate

      1 hat shield 1 holster

      1 garrison belt
      3. The Borough shall provide each employee with an annual clothing allowance of One

      Thousand Twenty-five Dollars ($1025.00). The aforesaid clothing allowance shall be paid in the

      second pay period following the final budget adoption, but in any event no later than June 1st.

      Also, any protective clothing or equipment, which in the opinion of the Borough is necessary,

      shall be supplied.
      3. In addition to the above, any clothing or equipment damaged in the line of duty

      shall be repaired or replaced by the Borough at the discretion of the Borough.


        1. Each employee's base salary shall be increased by the sum of twenty dollars ($20) per

        year for each credit satisfactorily completed at an accredited institution of higher education

        offering courses or a program leading to a degree in law enforcement, criminal justice or police

        related degree. Such additional compensation shall not exceed, however, the sum of twenty-four

        hundred dollars ($2,400) for any calendar year, and shall be payable upon approval of the

        Borough Council after presentation of a proper certification from the institution attended by such

        employee setting forth the number of credits completed along with evidence of passing grades in

        the courses taken.
        2. Employees on a shift can leave work to attend school for college credits with no loss

        of pay or time, upon a determination by the Chief of Police or his designee that there is sufficient

        manpower to run the department. Barring any emergency sufficient manpower shall be deemed

        to mean one deskman, one man for each of the two patrol cars and one footman. In the event of

        a conflict on a shift the employee attending school for the longest period shall receive preference.
        3. Employees shall report each course selection to the Chief of Police. Upon request of

        the Chief, the employee shall obtain from the college a letter, certificate or catalog stating such

        course can be taken to satisfy credits leading to a degree in law enforcement, criminal justice or a

        police related degree.
        4. Any employee of the Police Department, who satisfactorily completes course work

        toward a degree, shall be reimbursed for one-half of his tuition costs. Such reimbursement shall

        be limited to a maximum of one hundred dollars ($100) per year and a total of fifteen hundred

        dollars ($1,500) for any individual employee.
        5. The provision of this article and sections shall only apply up to the attainment of a

        bachelor's degree for employees hired after 1/1/2001.


        1.The Borough shall establish and maintain a seniority list of employees'

        names and date of employment, from date of last appointment, on a departmental basis, with the

        employee with the longest length of continuous and uninterrupted departmental service to be

        placed at the top of said list. The name of all employees with shorter lengths of continuous

        service shall follow the names of such employees, in order, until the name of the employee with

        the shortest length of service appears at the foot of the seniority list.

            2.The seniority of each employee shall date from the employee's date of last
        appointment with the Borough. Except that an employee laid off and rehired or re-appointed

        shall have his seniority computed on the basis on his total years of service excluding that period

        of time when he was not employed.

        3.Other than seasonal and part-time employment, new employees retain beyond the

        probationary period shall be considered regular employees and their length of service with the

        Borough shall begin with the original date of their employment and their names placed

        accordingly on the seniority list. Such seniority list shall be kept up to date with additions and

        deletions as required.
        4. The first year of employment for all new employees shall be considered a

        probationary period. After six months of service, new employees will be eligible for union

        membership. Once an employee is a member, he is entitled to all privileges under this contract

        including recourse to the grievance procedures.
        5. During the aforementioned probationary period, the Borough may discharge such

        employee for any reason in accordance with the law. The Borough shall have no responsibility

        for the reemployment of newly engaged probationary employees if they are dismissed during the

        probationary period.


        1. If new positions are created, or if vacancies occur in a higher rated position, the

        Borough agrees to post a notice of such new job vacancy on the bulletin board for a period of

        five (5) days. Such notice shall contain a description of the job, the rate, and when the job will

        be available.

        2. Reasonable qualifications will be determined for the position with due consideration

        being given to applicants' length and merit of service and preference shall be given according to

        seniority in service. The successful applicant will be notified by notice placed on the bulletin

        board within five (5) days after the selection is made.
        4. Any employee so selected to fill such job shall be granted a trial period of up to sixty

        (60) calendar days. If it shall be determined by the Borough at any time after the first ten (10)

        calendar days of the trial period that the promoted employee is not qualified to discharge the

        duties of the position to which he was promoted, the employee shall resume his former position

        or a position equivalent thereto.
        5. The employee shall receive the rate for the position as of the day he begins his trial

        period. If removed from the higher rates position during or at the end of the trial period, he shall

        receive the rate for the position to which he is then assigned.
        6. The Borough shall not force a promotion or a higher rated position upon any

        employee who does not want to take the position for whatsoever reason. This will not be held in

        prejudice against the employee for any future promotions.
        7. If the Borough is unable to secure an employee from within the Department for a

        position, the Borough may seek someone outside the Department.


        1. In the reduction of the working force, the rule to be followed shall be the length of

        service with the Borough. The employee with the least seniority shall be laid off first. In the

        restoration of the work force, the same principle shall apply, namely, the last employee laid off

        shall be the first to be rehired, giving said employee fourteen (14) days notice thereof.
        2. In the event of a reduction in the number of persons in a job classification, the

        displaced employee may bump into a classification, which carries the same rate of pay if he is

        qualified to perform the duties and is of greater seniority than the employee being bumped.
        3. An employee's seniority shall cease under the following conditions: (a) resignation or

        termination of employment for cause, and (b) failure to report to work following time off no later

        than the regular shift beginning on the first working day after the fourteenth (14) calendar day on

        which he received a notice by certified mail to return to work.


        1. Separation from the service of the Borough may be as a result of any of the following:

        (a) voluntary resignation of the employee; (b) retirement because of age, or length of service, or

        disability; (c) termination of services by the Borough Council upon filing of charges, notice and

        hearing for just cause, as set forth in the Police Code and N.J.S.A. 40A:147, et seq; (d)

        termination by the Borough Council because of a reduction in force.

        2. Employees who resign will tender their resignations in writing at least two weeks prior

        to the effective date of their resignation. The two-week period may be waived at the sole

        discretion of the Borough.

        3. In the event of a separation from employment due to a reduction in force, severance

        pay relating to the length of service at the time of severance shall be paid as follows:


        1 to 5 years One (1) day's pay for

        each year of service

        5 to 10 years Two (2) days' pay for

        each year of service

        10 years and over Twenty (20) days' pay

        4. Upon separation from service, the employee shall be paid any salary owed, any

        accrued compensation time, any accrued vacation time due, any accrued holiday pay, and any

        accrued clothing allowance pro rata based on the number of months worked in the calendar year,

        provided the termination is not a result of discharge for cause under 40A:147, et seq.

        5. In addition thereto, any employee upon separation will receive compensation for his

        accumulated sick days as follows:
        (a) Upon termination of employment in good standing--twenty

        percent (20%) of said accumulated days.
        (b) Upon death, retirement (deferred or otherwise) or permanent

        disability--twenty five percent (25%) of said accumulated sick days. In addition, said employee

        shall receive eight percent (8%) of said accumulated sick days in time off. Any employee that

        contemplates retirement must notify the Borough in sufficient time for the Borough to schedule

        the aforestated eight percent (8%) accumulated sick time off. Any of the aforestated eight

        percent (8%) of accumulated sick time that is not taken by the employee's retirement date will

        not be compensated by the Borough.

        6. All employees will, when leaving the services of the Borough, complete and sign a

        termination receipt when receiving their final compensation. This receipt will be filed in the

        employee's Personal History Folder as evidence of the satisfaction of all claims against the



        1. The seniority rights of all employees who enlisted or who are drafted pursuant to an

        appropriate law now in force, or to be enforced, or to be enacted, shall remain during such period

        of military service. Each such employee shall have the right to reinstatement to his former

        position or to a position of equal status, at the salary rate previously received by him at the time

        of his induction into military service, together with all salary increases granted by the employer

        to said employee's previous position during the period of such military service.
        3. Such reinstatement of veterans shall be upon application therefore made within ninety

        (90) days after such employee is honorably discharged from the service. This clause shall be

        subject to all pertinent and applicable provisions of the Selective Training and Service Act, as

        4. The Borough agrees to allow the necessary time for any employee in the Reserves to

        perform his duties when called without loss of pay, time, seniority, or any other benefits.


        1. The Borough reserves the right to discharge any permanent employee or probationary

        employee for any reasons permitted by law and will follow out the appropriate legal procedures

        relevant thereto. Under no circumstances shall any discipline or discharge be subject to the

        grievance procedure, except as herein before stated, but said employee shall have the right as

        provided by statute and law.

        2. The PBA, however, shall be notified of the discharge of any employee at the time of

        such discharge and, with the written consent of the employee, shall be notified of the reason for

        such discharge.


        1. The Chief of Police shall be in charge of personnel folders and shall keep one (1)

        folder for each employee.

        2. Before any matter is inserted into the personnel folder by the Chief of Police the

        employee shall have the opportunity to initial same and insert his own rebuttal or mitigating


        3. Each employee may inspect his own personnel folder subject to giving the Chief of

        Police reasonable notice, unless said inspection is prohibited by law.


        1. As used in this section:
        (a) "Law enforcement officer": means any person who is employed as a

        permanent and full-time active member of the Metuchen Police force whose primary duties and

        responsibilities are the enforcement of the laws and regulations of the State of New Jersey and

        the protection of the life, peace and property of its citizens.
        (b) "Law Enforcement Agency": means the Metuchen Police Department

        and/or Mayor and/or Borough Council.

        2. Unless otherwise prohibited by law, no law enforcement officer shall be prohibited by

        the Law Enforcement Agency from engaging in political activity or be denied the right to refrain

        from engaging in such activity, and no law enforcement officer shall be denied the right to hold

        public office. No law enforcement officer shall engage in political activity while in uniform or

        on duty.

        3. Whenever a law enforcement officer is the subject or target of an investigation by the

        Law Enforcement Agency for any reason, which could result in the law enforcement officer

        being charged with a crime, the following provisions shall apply:
        (a) Any interrogation of a law enforcement officer by the Law

        Enforcement Agency shall take place whenever possible at the office of the law enforcement

        officer being investigated.
        (b) The law enforcement officer being interrogated shall be informed at

        the commencement of such interrogation of the nature of the investigation, the statute, rule or

        regulation allegedly violated, and the date and time period of any alleged violation. Further, at

        the commencement of an interrogation, the law enforcement officer shall be informed of the

        identity of all persons present during such interrogation.
        (c) The interrogation of the law enforcement officer by the Law

        Enforcement Agency shall be conducted at a reasonable hour, whenever possible, in a

        noncoercive manner, without threat or promise of reward.
        (d) The law enforcement officer being interrogated by the Law

        Enforcement Agency if he so requests shall be entitled to the presence of his counsel, if he so

        elects, or any other one person of his choice.

        4. If a law enforcement officer is placed under arrest or has become the target or subject

        of an investigation by the Law Enforcement Agency because of an alleged criminal offense, he

        shall be afforded all rights under the United States and New Jersey Constitutions, applicable

        statutes, department rules and regulations, and the provisions of any collective bargaining

        agreement which may be applicable under the circumstances.
        5. No law enforcement officer shall be required to disclose for the purpose of promotion

        or assignment, any information concerning his property, income, assets, debts, or expenditures,

        or those of any member of such officer's household.
        6. A law enforcement officer being investigated shall be promptly advised in writing, if

        he so requests, of any determination made after the conclusion of criminal investigation of him.


        1. The Borough agrees to provide all employees with complete insurance coverage for

        false arrest, false imprisonment, and malicious prosecution.
        2. It is agreed that the parties hereto will not discriminate against any employee because

        of race, creed, religion, nationality, or sex, and further, that no employee should be discriminated

        against or interfered with because of union activities.
        3. No employee shall make or be requested to make any agreement or to enter into any

        agreement or understanding inconsistent or conflicting with the terms of this Agreement.
        4. A Committee is hereby established called the Police Equipment and Procedures

        Committee which will consist of two (2) Patrolmen, one (1) Sergeant, one (1) Captain, and the

        Chief of Police. This committee shall study equipment and uniforms used in law enforcement

        and make recommendations to the municipality in respect to the purchase and use of same. The

        recommendations of the Committee are purely advisory and not subject to the grievance

        procedure. The Chief of Police shall be the Chairman of the Committee and will schedule

        meetings as requested by the committee members at a mutually convenient time. The Patrolmen,

        Sergeant and Captain, who are members of this committee, will be selected by the PBA.
        5. A committee is hereby established called the Police Health and Safety Committee. It

        will consist of two (2) superior officers and three (3) patrolmen. The Chief of Police shall not be

        a member. The five (5) members shall be selected by the PBA. This committee shall study

        health and safety matters impacting upon the Police Department and make recommendations

        semi-annually to the Chief of Police in respect to health and safety measures. The Chief shall

        present the recommendations to the Mayor and Council. The recommendations of the committee

        are purely advisory and are not subject to the grievance procedure. It is further agreed that the

        Borough shall comply with all Federal, State and Local health and safety laws where applicable

        to the Borough of Metuchen.


        Update to reflect a three-year agreement effective January 1, 2004 through December 31,

        2006, notwithstanding the date of execution hereof, with all salaries and benefits retroactive to

        January 1, 2004 for all officers employed during the contract period. In the event subsequent

        negotiations do not result in a newly executed Agreement by December 31, 2006, the parties

        agree to continue the negotiations and all terms and conditions of the prior Agreement shall

        continue in full force and effect until the new Agreement is agreed upon and executed.


        In the event that any federal or state legislation, governmental regulation or court

        decision causes invalidation of any article or section of this Agreement, all other articles and

        sections not so invalidated shall remain in full force and effect.

        All other proposals of both the Borough and the PBA are hereby withdrawn, and all other

        provisions of the previous contract and all other existing terms and conditions shall continue.

        IN WITNESS WHEREOF, the parties hereto set their signatures:


        By:_______________________ By:_______________________

        Edmund O’Brien, Mayor Arthur Flaherty, Sr., Pres.

        ATTEST: ________________________

        Bozena Lacina, RMC
        Municipal Clerk Dated:

        Metuchen Boro and PBA Loc 60 2004.pdf