A G R E E M E N T
Township of Randolph
MORRIS COUNTY, NEW JERSEY
THE FRATERNAL ORDER OF POLICE
JANUARY 1, 2004 THROUGH DECEMBER 31, 2007
I RECOGNITION....................................... 5
II MANAGEMENT RIGHTS................................. 6
III LODGE RIGHTS...................................... 7
IV EQUAL EMPLOYMENT OPPORTUNITY POLICY............... 9
V WORK WEEK ........................................ 10
VI HOLIDAYS.......................................... 12
VII VACATIONS......................................... 13
VIII SICK AND BEREAVEMENT LEAVE........................ 14
IX WORK INCURRED INJURY.............................. 17
X SALARIES.......................................... 19
XI POLICE SCHOOL..................................... 20
XII CLOTHING ALLOWANCE................................ 21
XIII INSURANCE......................................... 22
XIV HOSPITALIZATION AFTER DISABILITY.................. 23
XV NO-STRIKE PLEDGE.................................. 24
XVI LONGEVITY......................................... 26
XVII TRAVEL ALLOWANCE ................................. 27
XVIII COLLEGE CREDITS................................... 28
XIX GRIEVANCE PROCEDURE............................... 30
XX SEPARABILITY AND SAVINGS.......................... 33
XXI WORK IN HIGHER RANK............................... 34
XXII TERMS OF AGREEMENT................................ 35
SCHEDULE A........................................ 36
This AGREEMENT entered into this 1st day of May 2005 by and
between the TOWNSHIP OF RANDOLPH, in the County of Morris, New
Jersey, a Municipal Corporation of the State of New Jersey,
hereinafter called the "Township", and LODGE #25, THE FRATERNAL ORDER
OF POLICE, herein after called the "Lodge".
The Township hereby recognizes the Lodge as the exclusive
Collective negotiations agent for Patrol Officers employed in the
Police Department of the Township.
A. The Township hereby retains and reserves unto itself, without
limitations, all powers, rights, authority, duties and
responsibilities conferred upon and vested in it prior to the signing
of this Agreement by the laws and Constitution of the State of New
Jersey and of the United States, including, but without limiting the
generality of the foregoing, the following rights:
l. To the executive management and administrative control of
the Township Government and its properties and facilities and the
activities of its employees;
2. To hire all employees subject to the provisions of law,
to determine their qualifications and conditions for continued
employment or assignment and to promote and transfer employees;
3. To suspend, demote, discharge or take other disciplinary
action for good and just cause according to law.
B. Nothing contained herein shall be construed to deny or
Restrict the Township of its powers, rights, authority, duties and
responsibilities under R.S. 40 and R.S. ll or any other National,
State, County or Local laws or ordinances.
A. The Township agrees to grant time off, as provided by State
Statute, to any employee designated by the Lodge to attend State and
international meetings or conventions, provided seventy-two (72) hours
written notice is given to the Chief of the Department by the Lodge.
No more than two (2) employees from both units, that is, a total of
two (2), shall be granted time off at any one time, unless an employee
of the Township of Randolph is elected as an officer in the State
and/or National organization. In such cases, one such elected State-
wide officer may be granted time off in addition to the two (2)
representatives stated above. In addition, one other member from both
units, that is, a total of one, shall be granted time off under the
provisions of this paragraph to attend the annual meeting of the
National Lodge of the Fraternal Order of Police.
B. During Collective Negotiations, authorized Lodge
Representatives, not to exceed three (3), including the President of
The Lodge, shall be excused from their work duties to participate in
collective negotiations sessions which may be mutually scheduled to
take place during their regularly scheduled work time, and shall
suffer no loss of regular pay thereby, however, other off-duty Patrol
Officers may participate in such negotiations.
C. The Township agrees that the F.O.P. shall have the right
through a three (3) officer committee including the President of the
Lodge, to make recommendations and suggestions in connection with the
revision of the present Police Department Rules and Regulations. The
impact of such revision of rules on working conditions, if any, shall
be negotiated with the F.O.P.
D. The Township agrees that in the event that disciplinary
action is taken in the form of formal, filed charges against any
officer, said officer shall be permitted to have his personal
attorney, the Lodge Attorney and/or the Lodge President present at
such formal proceedings, provided that all costs for such persons
shall be borne soley by the Officer and/or the Lodge.
EQUAL EMPLOYMENT OPPORTUNITY POLICY
A. It is mutually agreed that there shall be no discrimination
because of race, color, religion, sex, age, marital status, national
origin, or physical disability unless based upon a bona fide job
requirement. Lodge and Township representatives shall work
cooperatively to assure the achievement of equal employment
opportunities. Any employee who fails to cooperate to this end shall
be subject to disciplinary action. Furthermore, employees who feel
they have been discriminated against shall be encouraged to use the
grievance provisions of this contract prior to seeking relief through
It is understood that the Lodge does not have any role in the hiring,
discipline or dismissal of any employee.
WORK WEEK AND OVERTIME
A. The normal work week for Patrol Officers shall begin on
Monday morning at 12:0l a.m. and end on the following Sunday at 12:00
midnight. The regular hours of work shall be eight (8) hours per day,
forty (40) hours per week.
B. An Officer who is required to work longer than his/her regular tour of duty or more than five (5) work days in any work week, shall be paid for overtime at time and one half or he/she may opt for compensatory time off, subject to the approval of the Chief of Police at the rate of one and one half hours off for every overtime hour worked. Such compensatory time shall accumulate and be used at the employee’s request subject to prior departmental approval.
C. Should it become necessary for an Officer to appear in
Superior, County, Municipal or other Court on official business during
other than his regularly scheduled duty time, such employee shall
receive compensation for such appearance at time-and-one-half. In
lieu of cash payment, an Officer may opt for compensatory time off at
the rate of time-and-one-half the hours worked. Such time may be
taken only when scheduled by the Chief so as not to interfere with
D. If at any time an officer is called to duty for any purpose
where his/her response is required by the department, that officer shall be compensated for call-out time on the following basis:
Overtime or compensatory time, at the discretion of the
officer, for two (2) hours or actual time spent, whichever is greater.
E. For the purpose of this article, the hourly pay rate shall
be calculated by combining standard base pay rates with longevity
increments, where applicable. The time and one half rate shall be
calculated by multiplying the hourly rate by l.5.
A. The Township agrees to provide thirteen (13) paid holidays to
B. Compensation for these thirteen (13) days shall be
incorporated into the employee’s base rate of pay but shall not be
used in the computation of overtime compensation, An employee must
have been on the payroll during the holiday to receive compensation
C. The designated holidays are:
New Year's Day Labor Day
Martin Luther King's Birthday General Election Day
Washington's Birthday Veteran's Day
Good Friday Thanksgiving
Easter Day after
Memorial Day Christmas
Fourth of July
A. All employees shall receive vacations as follows:
After lst year - 2 weeks
January lst following the sixth
year of service - 3 weeks
January lst following the thirteenth
year of service - 4 weeks
January lst following the eighteenth
year of service - 4 weeks plus one
additional day for each year served over 18
B. Vacations are to be effective from January l to December 3l, and are granted on a calendar year basis for employees who remain on the payroll continuously and without interruption for the requisite number of years. Leaves of absence shall neither break continuity of service, nor be counted for purposes of accruing additional vacation under this section. Issues which may arise as to creditable service shall be controlled by applicable law.
C. Vacations must be taken during the current calendar year at such time as permitted or directed by the Chief of Police, unless the Chief determines it may not be taken due to pressure of work. In case of the latter, unused vacation shall be carried forward into the next succeeding year, in which it must be granted.
SICK AND BEREAVEMENT LEAVE
I. SICK LEAVE
A. Service Credit for Sick Leave
l. All employees shall be entitled to sick leave with pay
based on the current rate of compensation for their rank.
2. Sick leave may be utilized by employees when they are
unable to perform their work by reason of personal illness, accident
or exposure to contagious disease, which is not related to their
status as police officer.
B. Amount of Sick Leave
l. Sick leave with pay shall accrue to any full time
employee on the basis of twelve (12) days per year.
2. Any amount of sick leave allowance not used in any
calendar year shall accumulate to the employee's credit from year to
year to be used if and when needed for such purposes.
C. Reporting of Absence of Sick Leave
l. If any employee is absent for reasons that entitle
him/her to sick leave, his/her supervisor shall be notified prior to
the employee's starting time, except in emergencies.
(a) Failure to notify his/her superior, or desk officer,
may be cause for denial of the use of sick leave for that absence.
(b) Absence without notice for five (5) consecutive days
may result in disciplinary action which may include dismissal in
accordance with law.
D. Verification of Sick Leave
l. An employee who shall be absent on sick leave for four
(4) or more consecutive working days may be required to submit
acceptable medical evidence substantiating the illness. The Township
may require proof of illness of an employee on sick leave, however,
whenever such requirement appears reasonable. Abuse of sick leave may
be cause for disciplinary action.
2. The Township may require an employee who has been absent
because of personal illness, as a condition of his/her return to duty,
to be examined at the expense of the Township by a physician of the
Township's choice. Such examination, together with other relevant
medical evidence, shall establish whether the employee is capable of
performing his/her normal duties and that his/her return will not
jeopardize the health of other employees.
3. Employees absent on sick leave shall be required to be
either at home, obtaining medical treatment or medication or in
transit to a medical care facility or pharmacy.
E. Payment for Accumulated Sick Leave at Retirement
l. Patrol Officers shall be eligible to receive 50% of accumulated sick leave at retirement based on the following schedule:
Maximum Number of Days to be Paid
Years of Service (50% of Accumulated Days up to the
2. The benefit shall be calculated at the employee’s current
salary at the time of retirement and shall be paid within
30 days from the effective date of retirement.
3. It is strongly recommended that employees who expect to
retire formally advise the Chief of Police of their
retirement date no later than January 15 of the year of
retirement to assure availability of funds for this
II. BEREAVEMENT LEAVE
A. In case of death in the immediate family, an employee shall
be granted up to three (3) days leave.
B. Immediate family shall be defined as the employee's husband,
wife, child, stepchild, mother, father, brother, sister, grandparents,
father-in-law, mother-in-law, brother-in-law or sister-in-law.
C. Reasonable verification of the event may be required by the
D. In the event of a death in the immediate family which would
cause the employee to travel considerable distance or would otherwise
entail additional time off, a maximum of five (5) days may be granted
by the Chief of Police at his discretion in unusual or extraordinary
WORK INCURRED INJURY
A. For the purpose of this Article, injury or illness incurred
while the employee is acting in any employer authorized activity,
shall be considered in the line of duty.
B. Where an employee covered under this Agreement suffers a work
connected injury or disability, the employer shall continue such
employee at full pay for a period not to exceed one (l) year, during
the continuance of such employee's inability to work. During this
period of time, all temporary disability benefits accruing under the
provisions of the Workmen's Compensation Act or any other insurance
paid for by the employer, shall be paid over to the employer. The
employee may be required to present evidence by a certificate from a
responsible physician that he is unable to work. The employer may
require the said employee to present an additional certificate from
the Police Surgeon or other designated Township physician; however, if
such certificate is required, then the employee shall not be caused to
pay for same.
C In the event the employee contends that he/she is entitled to
a period of disability beyond the period established by the treating
physician, or a physician employed by the employer or by its insurance
carrier, then, and in that event, the burden shall be upon the
employee to establish such additional period of disability by
obtaining a judgment in the Division of Workmen's Compensation or by
the final decision of the last reviewing court, which shall be binding
upon the parties.
D. In the event a dispute arises as to whether an absence shall
be computed or designated as a sick leave or as an injury on duty, the
parties agree to be bound by the decision of the last reviewing
E An injury on duty requiring time off for treatment,
recuperation or rehabilitation shall not be construed as sick leave or
a sick leave occasion under the terms of the sick leave policy
heretofore agreed upon between the parties.
A. The salary rates for Patrol Officers for 2004, 2005 2006, and
2007 shall be as listed on the schedule attached hereto as
B. Detective Pay
C. All personnel will receive their increments as of January
Detective Pay in the amount of $1,375. per year shall be included in the employee’s base pay but shall not be used in the computation of overtime. Detective pay is conditioned upon assignment to detective work which includes on-call responsibilities/scheduling and the wearing of a pager while off duty.
lst, annually. This procedure shall not apply to any new
employees who are hired unless said employees have completed
at least six full months of service as Police Officer for the
Township prior to January lst.
A. Police Officers may be required to attend police
B. Any Police Officer required to attend training schools or
meetings beyond his/her regular tour of duty may receive compensatory
time off where the granting of such time would not interfere with
departmental operations, in the opinion of the Chief of Police. Where
granted, such time shall be at the rate of one-and-one-half hours for
the time while actually attending school.
A. The Township will supply uniforms to all members of the
Uniformed Force. The issue of various items of uniform and equipment
will be on an as needed basis, with ultimate responsibility for
determination as to need, with the Chief of Police.
B. Effective January 1, 2005, the clothing maintenance and
cleaning allowance is rolled into all steps of the salary guide. All
officers are expected to maintain their uniforms in accordance with
plain clothes to reimburse for repair and replacement of clothing
C. Funds shall be made available to patrol officers assigned to
damaged while on duty. Reimbursements will be made available on a
receipt turn-in basis through the Chief of Police.
The plain clothes clothing reimbursement/repair allotment
shall not exceed an annual maximum of $575.00.
A. The employer shall provide for each full-time employee and
his or her defendants the following health insurance:
l. Health care insurance as currently provided through the
North Jersey Municipal Employee Benefits Fund.
2. Long Term Disability Insurance as currently provided.
3. Group Life Insurance ($l0,000 Municipal Policy)
B. The employer reserves the right to change network
provider and/or insurance carriers, so long as substantially similar
benefits are provided.
C. The Choice 10 Plan shall be the base plan for coverage.
Employees opting for coverage with premiums exceeding the Choice 10
option shall contribute all costs in excess of the Township
contribution for the base policy plan.
D. For employees appointed after January 1, 2005, the employee shall be responsible for 20% of the premium for dependent coverage under the Choice 10 Plan.
E. Employees who receive hospital and medical coverage through their spouse’s employer may surrender their benefits for cash. The Township will distribute a questionnaire in November and the coverage period will begin the following January 1st. Employees must be able to document their alternate coverage and will not be able to re-enter the health insurance program until the next open enrollment period. The Township will provide one-half of the insurance premium savings that it realizes as result of the employee’s action. (Note that the cash payment is taxable) Payment will be made in two installments, April and October.
F. All current employees shall receive a “one-time-only” cash incentive payment to switch from one of the three (3) Choice Plus plans to the “Aetna Patriot V” plan. The cash incentive payment shall be equal to 50% of the difference between the cost of the “Choice Plus 10” plan and the cost of the “Aetna Patriot V Plan”.
G. In accordance with C and D above, the employer agrees to pay
the premium or periodic charges for the benefits provided to all
eligible retired employees and their dependents covered under the
program. If such employees retired from a State retirement system on
a benefit based on 25 years or more of service credited in such
retirement system, but including the employees who retired on a
disability pension based on fewer years of service credited in such
retirement system, the Township will also reimburse such retired
employees for their premium charges under Part B of the Federal
Medicare Program covering the retired employee and their spouses.
D. The Township will provide payment toward the cost of a dental
plan for Township employees up to a maximum of $600. per year.
If the dental plan is discontinued in the future, the annual sick
leave allowance for employees shall revert to fifteen (15) days.
HOSPITALIZATION AFTER DISABILITY
A. Any Police Officer who retires due to a disability incurred
in the line of duty, shall be entitled to hospitalization benefits to
the same extent that benefits are provided in the standard policy of
the Township for active employees.
B. This coverage shall continue during the lifetime of the
disabled officer and his/her wife/husband under the family plan, but
shall terminate as to the wife/husband upon his/her remarriage after
his/her death or divorce.
A. The Lodge covenants and agrees that during the term of this
agreement neither the Lodge nor any person acting in its behalf will
cause, authorize, or support, nor will any of its members take part in
any strike (i.e., the concerted failure to report for duty, or willful
absence of any employee from his position, or stoppage of work or
abstinence in whole or in part, from the full, faithful and proper
performance of the employee's duties of employment), work stoppage,
slowdown, walkout or other job action against the Township. The Lodge
agrees that such action would constitute a material breach of this
B. In the event of a strike, slowdown, walkout or other
deliberate interference with normal work procedures, it is covenanted
and agreed that participation in any such activity by any employee
covered under the terms of this Agreement shall be deemed grounds for
disciplinary action in accordance with applicable law.
C. The Lodge will actively encourage the prevention or
termination of any strike, work stoppage, slowdown, or walkout or
other job action against the Township.
D. Nothing contained in this Agreement shall be construed to
limit or restrict the Township in its right to seek and obtain such
judicial relief as it may be entitled to have in law or in equity for
injunction or damages, or both, in the event of such breach by the
Lodge or its members in accordance with applicable law.
A. In addition to base salary, Police Officers appointed prior to January 1, 2001 shall be entitled to compensation as a reward for long-term service to the Township.
B. Longevity increments shall be computed annually as of January
lst based upon the completion of service anniversaries according to
the following schedule:
l. January lst after fifth year of service 2% of base pay
2. January lst after tenth year of service 4% of base pay
3. January lst after fifteenth year of service 6% of base pay
4. January lst after twentieth year of service 8% of base pay
5. January lst after twenty-fifth year of service 10% of base pay
C. No longevity compensation shall exist for Police Officers
appointed on or after January 1, 2001.
A. Police Officers shall be compensated for using their
personal vehicles for attendance at required police schools, or in
other approved official police business at the rate of $.20 per mile.
B. Police Officers may receive up to $8.00 per meal when
travelling on official business. Compensation shall be made upon the
Officers’ return and presentation of receipts.
COLLEGE CREDITS and COLLEGE DEGREE PAY
A. Police Officers shall receive additional annual
compensation at the rate of $l5.00 per credit for a maximum of 67
credits upon the completion of college credit courses resulting from
enrollment in a specific police science or law enforcement curriculum;
and provided that a grade average of "C" has been maintained.
B. Compensation for college credits shall be incorporated into
the employee’s base rate of pay, but shall not be used in the
computation of overtime compensation.
C. The foregoing compensation schedule shall not apply to any
courses taken in the basic police program at Sea Girt Police Academy.
In the event an employee has completed college courses in a
curriculum other than police science or law enforcement, compensation
for such credits can be provided for accepted transfer courses on a
one-for-one basis after enrollment and completion of credits in the
major field of police science. That is, when an employee enrolls and
completes three (3) credits in a police science course, he or she
shall also be entitled to compensation for (3) credits in English or
another course which is accepted as a transfer course toward a degree;
when six (6) credits in police science courses are completed,
compensation for (6) transfer courses can be provided and this
procedure continued until a maximum of 67 credits is earned.
D. Police Officers who hold an Associate’s Degree from an
accredited community college shall receive $1005 annually in lieu of
$15. Per credit as described in Section A.
E. Police Officers who hold a Bachelor’s Degree from an
accredited university or college shall receive $1500 annually in
lieu of $15 per credit as described in Section A.
l. The purpose of this procedure is to secure, at the lowest
possible level, an equitable solution to the problem which may arise
affecting the terms and conditions of this Agreement and to resolve
grievances as soon as possible so as to assure efficiency and promote
employees' morale. The parties agree that this procedure will be
kept as informal as may be appropriate.
2. Nothing contained herein shall be construed as limiting the
right of any employee having a grievance to discuss the matter
informally with the Head of the Department and having the grievance
adjusted without the intervention of the F.O.P.
The term "grievance" as used herein means any controversy arising
over the interpretation, application or violation of any policy,
agreement or administrative decision affecting the terms and
conditions of this Agreement and may be raised by an individual or the
F.O.P. on behalf of and at the request of an employee or group of
C. Steps of the Grievance Procedure
The following constitutes the sole and exclusive method for resolving
grievances between the parties covered by this Agreement and shall be
followed in its entirety unless any step is waived by mutual consent.
STEP ONE: The moving party shall present the grievance in
writing signed by the aggrieved to the Department Head within five (5)
calendar days of the occurrence giving rise to the grievance for the
purpose of resolution. In the discussion of the grievance, the
persons involved shall make an earnest effort to resolve the matter.
The Department Head shall make whatever additional investigation is
necessary and shall, within five (5) calendar days after presentation
of the grievance, give his decision.
STEP TWO: If a grievance is not resolved at Step One, the
moving party may, within five (5) calendar days of receipt of the
answer in Step One, submit the written grievance to the Township
Manager, who shall give his answer within five (5) calendar days of
the presentation of the grievance in Step Two.
STEP THREE: If the grievance is not resolved in Step Two, it
may be appealed in writing within five (5) calendar days after receipt
of the answer in Step Two to the Governing Body. Upon receipt of an
appeal, a meeting may be scheduled to discuss the grievance within
fifteen (15) calendar days of receipt of the appeal unless extended by
mutual agreement. The decision of the Governing Body shall be made
not later than ten (l0) calendar days after the Step Three meeting, or
if no meeting is held then the answer shall be given within fifteen
(15) calendar days of receipt of the grievance.
STEP FOUR: Arbitration:
(a) In the event the grievance has not been resolved at
Step Three, either party may within five (5) calendar days request
arbitration. The arbitrator shall be chosen in accordance with the
rules of the Public Employment Relations Commission.
(b) The arbitrator shall be bound by the provisions of
this Agreement and restricted to the application of the facts
presented to him involved in the grievance. The arbitrator shall not
have the authority to add to, modify, detract from or alter in any way
the provisions of this Agreement or any amendment or supplement
(c) The costs of the service of the arbitrator shall be
borne equally between the Township and the F.O.P. Any other expense
incurred, including but not limited to the presentation of witnesses,
shall be paid by the party incurring same.
(d) The decision of the arbitrator shall be final and
D. A grievance will be considered settled upon its withdrawal in
writing, or when the grievant ceases to be an employee by resignation
or when any time limit set forth above has expired for its appeal to
the next step. Failure to answer a grievance with the proper time
shall be deemed a denial and move it to the next step.
SEPARABILITY AND SAVINGS
A. If any provision of this Agreement, or any application of
this Agreement to any employee or group of employees is held invalid
by operation of law or by a Court or other tribunal of competent
jurisdiction, such provision shall be inoperative but all other
provisions shall not be affected thereby and shall continue in full
force and effect.
WORK IN HIGHER RANK
A. When an employee covered by this Agreement is formally
assigned to or required to perform the duties of a higher ranking
officer on a permanent basis or after four consecutive weeks, the
employee shall receive the pay of that higher rank together with any
benefits and privileges which may go with that higher rank.
B. Paragraph A above shall not apply to temporary assignments,
wherein an officer is required to fill in for an absent superior, due
to illness, vacation or similar reasons, in an "acting" capacity.
TERMS OF AGREEMENT
This Agreement shall take effect from January l, 2004, and shall
remain in full force and effect through December 31, 2007, and
thereafter from year to year unless either party shall give notice in
writing of a desire to amend or terminate the same in accordance with
rules and regulations of the New Jersey Public Employment Relation
Commission. All changes by the moving party must be submitted in
writing at the time the initial aforesaid notice is given.
Thereafter, the responding party shall have thirty (30) days to give
notice of proposed changes and/or counter proposals in writing. No
such changes by either party shall be considered which are not
received in accordance with this section.
IN WITNESS WHEREOF, the parties hereto have hereunto set their
Hands and seals at Randolph, New Jersey, on this 1st day of May 2005.
LODGE #25, THE FRATERNAL ORDER TOWNSHIP OF RANDOLPH
OF POLICE (Patrol Officers) MORRIS COUNTY, NEW JERSEY
Keith Donovan, President Allen Napoliello, Mayor
Frances S. Bertrand
A. SALARY SCHEDULES
2003 2004 2005* 2006 2007
S 39,107 40,574 42,900 44,509 46,178
1 44,436 46,102 48,635 50,459 52,351
2 49,764 51,630 54,370 56,409 58,524
3 55,092 57,158 60,105 62,359 64,697
4 60,420 62,686 65,841 68,310 70,872
5 65,749 68,215 71,577 74,261 77,046
6 71,077 73,742 77,311 80,210 83,218
B. SALARY SCHEDULE FORMULA
2005* Add $775 for clothing
C. STEP MOVEMENTS - to be provided by Michael Soccio under separate cover