THE TOWNSHIP OF WEST AMWELL
THE LIEUTENANT OF POLICE
WEST AMWELL TOWNSHIP POLICE DEPARTMENT
TABLE OF CONTENTS
2 ARTICLE I RECOGNITION
3,4,5 ARTICLE II GRIEVANCE PROCEDURE
6 ARTICLE III UNIFORMS AND EQUIPMENT
7 ARTICLE IV JUST CAUSE PROVISION
8,9 ARTICLE V EMPLOYEE RIGHTS DURING
10 ARTICLE VI LEGAL DEFENSE
11 ARTICLE VII UNPAID LEAVE OF ABSENCE
12 ARTICLE VIII SICK LEAVE
13 ARTICLE IX PERSONAL DAYS
14 ARTICLE X VACATION
15 ARTICLE XI HOLIDAYS
16 ARTICLE XII INSURANCE PLANS
17 ARTICLE XIII SALARIES AND WAGES
18 ARTICLE XIV LONGEVITY
19 ARTICLE XV OVERTIME
20 ARTICLE XVI DEATH IN THE FAMILY
TABLE OF CONTENTS
21 ARTICLE XVII DENTAL, EYE GLASS,
22 ARTICLE XVII USE OF CELL PHONE
23 ARTICLE XVIII COLLEGE INCENTIVE
24 ARTICLE XIX MISCELLANEOUS
25 ARTICLE XX TERM, RENEWAL
and between the TOWNSHIP OF WEST AMWELL, in the County of Hunterdon
This AGREEMENT is effective retroactive to the 1st of January 2006 by
(hereinafter referred to as the “POLICE LIEUTENANT”. This agreement
a Municipal Corporation of the State of New Jersey (hereinafter referred to as the “TOWNSHIP”) and the Lieutenant of Police
represents the complete and final understanding on all bargainable issues
between the Township and the Police Lieutenant and is designated to
maintain and promote a harmonious relationship between the Township and
the Police Lieutenant in order that continued efficiency and excellence in
service be rendered by the officer in charge of the West Amwell Township
The term of this Agreement is from January 1, 2006 through December 31,
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1. The Township hereby recognizes the need for a agreement between
the governing body and the Lieutenant of Police with respect to the
terms and conditions of employment, rate of pay, benefits, hours of
work and other mandatory conditions of employment.
2. Nothing contained in this Agreement shall alter the authority conferred
by State or Federal law, ordinance, resolution or administrative code
and police department rules and regulations upon any Township
official or in any way abridge or reduce such authority. This
Agreement shall be construed as requiring the Township officials to
follow the terms contained herein, to the extent that they are in
conformance with the duties and responsibilities conferred upon them
3. Nothing contained in this Agreement shall be construed to deny or
restrict the Police Lieutenant such rights as the Lieutenant may have
under applicable law and rules and regulations.
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1. DEFINITION: The term “Grievance” as used herein means any controversy
arising over the interpretation, or alleged violation of policies and
administrative decisions affecting the terms and conditions of employment
under this Agreement. A grievance may be raised by the Lieutenant of
Police (hereinafter referred to as the “grievant”).
2. Steps of the Procedure:
A. STEP ONE: A grievance initially must be filed within thirty (30) calendar
days from the date on which the act that is the subject of the grievance
occurred or became known to the grievant, whichever is later. The grievance
shall be submitted in writing, to the Township Mayor/Director of Public
Safety of the police department, who may conduct a hearing regarding the
grievance at his discretion, and shall render a decision, in writing, within
(15) days of his/her receipt of the grievance. A grievant shall file a written
grievance which shall meet the following specifications;
1. It will be specific
2. It will contain a synopsis of the facts giving rise to the dispute,
controversy or issue.
3. It will specify the section of the Agreement, or rule, or regulation, or
policy and procedure, or statute, or ordinance, which has been
allegedly been violated, misapplied, or as to which the dispute arises.
4. It will state the relief requested.
5. It shall contain the date of the incident giving rise to the alleged dispute
controversy or issue.
6. It shall be signed by the grievant.
B. STEP TWO: In the event the grievance is not resolved to the grievant’s
satisfaction at Step One, or in the event there is no timely written response,
at Step One , within fifteen (15) days after the response date set forth in
Step One, the grievant may present the written grievance and any written
response(s) received at Step One to the Township Committee or it’s designee.
The parties will meet within ten (10) days of this submission and the
Township Committee or it’s designee, shall within five (5) days thereafter
generate a written response.
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C. STEP THREE: In the event the grievance is not resolved to the satisfaction of the grievant at Step Two, or in the event the Township Committee, has not
served a timely response at Step Two, the within fifteen (15) days after the
response set forth in Step Two, the grievant may notify the Township
Committee or it’s designee, in writing, of his intent to submit the grievance
to the New Jersey Board of Mediation or the Public Employment Relations
Commission for binding arbitration. If a grievance is so submitted:
1. The arbitrator shall be required to deliver parties a written award,
coupled with a written opinion setting forth detailed reasons, findings of fact
and conclusions of law utilized in making his award, by no later than thirty
(30) days from the date of closing of the hearings, or if oral hearings have
been waived, then from the date of transmitting the final statements and proof
to the arbitrator. The arbitrator expressly has no authority to modify, add to,
subtract from, or in any way whatsoever, alter the provisions of this
2. Grievance meetings and hearings shall be held at a mutually acceptable
times and places. The grievant shall have at his request, may have a labor
attorney or consultant to assist in the resolution of the grievance at such
meetings and hearings.
3. The fees, expenses and all other proper charges of the arbitrator shall be
divided equally between parties, however, each party shall bear their own
4. All grievance hearings scheduled in accordance with the provisions hereof
shall be scheduled so as to avoid time off from regular scheduled shifts.
However, in the event a grievant, or witness called by him/her, is on duty, he
shall be permitted to attend the said hearing without reduction or loss of pay.
5. No reprisals of any kind shall be taken by the Township, or any agent
thereof, against the grievant or party participating in a grievance procedure
or any member of the police department by reason of such participation.
6. All grievance hearings, conducted as outlined herein, shall be conducted
in private and shall be attended by the respective parties and/or their
representatives, in addition to any witnesses produced by either party for the
purpose of testifying as such hearing.
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7. All time limits contained in this Article of the Argreement may be extended
by mutual consent. Unless such time limits are so extended, the failure to
observe the time limits herein stated for the presentation of the grievance or
submission of said grievance to arbitration shall constitute an abandonment
of said grievance or right to arbitration and be deemed a settlement thereof.
8. All days referred to herein shall be calendar days unless specified
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UNIFORMS AND EQUIPMENT
1. Basic Uniform: The basic uniform and equipment for the Police
Lieutenant shall be determined by the Township and provided by the
Township. The Police Lieutenant shall receive the same uniform and
equipment issue that is allowed to all other West Amwell Township Police
2. UNIFORM CLEANING AND MAINTENANCE ALLOWANCE:
A. The uniform cleaning and maintenance allowance for the Police
Lieutenant shall equal that paid to the police officers of the West Amwell
Township Police Department under their agreement with the Township,
the allowance shall be paid on or before Janaury 30th of each year. For
not subject to deductions.
purposes of this agreement the amount of eight hundred dollars ($800.00) will be paid to the Police Lieutenant for the calendar years 2006,2007 and 2008 this payment will be considered reimbursement, not income, therefore
B. The Township shall also provide for the replacement of the uniforms
and equipment for the Police Lieutenant, when necessary, as a result of
normal wear or damage in the line of duty.
C. The Police Lieutenant shall be entitled to be reimbursed the replacement costs of personal property/equipment, i.e. wrist watches, glasses, wedding band or other personal property/equipment, damaged
or destroyed while acting in the performance of duty. The personal
property shall be restricted to everyday normal items. Replacement
reimbursement for the Police Lieutenant shall be equal to that granted
to the police officers of the West Amwell Township Police Department
under their Agreement with the Township.
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JUST CAUSE PROVISION
1. The Police Lieutenant shall not be disciplined, suspended, reduced in rank
or compensation or discharged without just cause and in accordance with
2. Any matter not covered by N.J.S.A. 40A:14-147 shall be dealt with in
accordance with Police Department Rules and Regulations.
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EMPLOYEE RIGHTS DURING INVESTIGATIONS
1. The wide ranging powers and duties given to the Police Department and
the Police Lieutenant involve him in all manner of supervision of
subordinate officers, contact and relationships with the public. Out of
supervision and contacts with the public may come questions concerning
his actions in certain situations. These questions may require investigation
by the Mayor/West Amwell Township Police Director of Public Safety or
other agents of the Township. In effort to ensure these investigations are
conducted in a manner which is conducive to good order and discipline, the
following rules are hereby adopted;
A. The interrogation of the Police Lieutenant shall be at a reasonable hour,
preferably when he is on duty. If it is required that he report to headquarters
or any other location during off duty hours, he shall be compensated on a
overtime basis set forth in this Agreement., unless it is determined that he
was remiss in his duties or found guilty of a preferred charge.
B. The Police Lieutenant shall be informed of the nature of the investigation
before any interrogation commences. This information must be sufficient to
reasonably appraise the Police Lieutenant of the nature of the investigation. If
the Police Lieutenant is to be questioned as a witness only, he shall so be
informed at the initial contact.
C. The questioning shall be reasonable in length. Reasonable rest periods
shall be allowed. Time shall also be provided for personal necessities, meals,
telephone calls, and rest periods as are necessary.
D. The complete interrogation of the Police Lieutenant shall be recorded
mechanically and copies of the tapes shall be provided to him or his counsel
upon written request. “ OFF THE RECORD” questions shall be allowed with
mutual consent only. All recesses called during the questioning shall be
stated as such on the tape before stopping same, it will indicate the date and
time the tape was stopped and the specific reason. The contents of the tapes
shall be kept confidential during the course of the investigation and the
tapes shall not be destroyed without mutual consent.
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The Mayor/Director of Public Safety or his/her designated agent will be responsible the integrity and the confidentiality of any tape(s) resulting from the interrogation involved in a investigation.
E. The Police Lieutenant shall not be subject to any abusive language, nor
shall he be threatened with reduction in rank, dismissal, or any other
disciplinary punishment. No promise or reward shall be made as a
inducement to answering questions.
F. In all cases and at every stage of the proceedings, the Township shall
afford an opportunity for the Police Lieutenant, if so requested, to consult
with counsel before being questioned concerning any violation or complaint
of any type, which may result in any disciplinary action being taken against
G. This article shall not preclude the Mayor/Director of Public Safety’s right
to question the Police Lieutenant relative to his or other department officers
to their daily activities. Nothing herein shall be construed to deprive the
Police Lieutenant, the Department or it’s officers of the ability to conduct
routine and daily operations of the West Amwell Township Police
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1. The Township will provide legal defense for the Police Lieutenant in
any action or legal proceedings arising out of or incidental performance of
his duties pursuant to N.J.S.A.40A:14-155 as follows:
Whenever the Police Lieutenant is a defendant in any legal action or legal
proceeding arising out of and directly related to the lawful exercise of
supervision of subordinates, or exercising of police powers, on or off duty, in
furtherance of his official duties, the governing body of the Township shall
provide the Police Lieutenant with the necessary means of defense of such
action or proceeding, but not for defense in a disciplinary proceeding
instituted against him by the Township or in a criminal proceeding instituted
as a result of a complaint on behalf of the Township. If any such disciplinary
action or criminal proceeding instituted by or on a complaint of the
Township shall be dismissed or finally determined in favor of the Police
Lieutenant, he shall be reimbursed for the expense of his legal defense.
2. The Township’s obligation to provide legal defense to the Police Lieutenant
pursuant to N.J.S.A. 40A:14-155, shall be modified, to the extent that
N.J.S.A. 40A:14-155 is replaced or amended, by the legislature, during the
term of this Agreement.
3. The employers obligation under paragraph 1 shall be deemed satisfied if
it’s insurance carrier enters a defense fund on behalf of the Police Lieutenant
and furnishes counsel. However, if the carrier advises that the claim against
the Police Lieutenant exceeds, or is excluded from it’s coverage, then the
Police Lieutenant may, subject to the prior consent and approval of the
Township, select his own counsel for his defense, and the Township shall pay
or reimburse all resulting legal fees and costs at a rate not to exceed the rate
of the West Amwell Township Attorney, as agreed by the Township on annual
rate of presentation by said Township Attorney. The consent of the Township
shall not be unreasonably withheld and the consent must be addressed to
the Police Lieutenant in writing and signed by the Township Mayor.
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UNPAID LEAVE OF ABSENCE
Committee. A leave of absence shall not exceed six (6) months in length. A
1. An official unpaid leave of absence may be granted by the Township
leave of absence may be renewed at the discretion of the Township for a
period not to exceed six (6) months.
2. The Police Lieutenant on a leave of absence without pay does not accrue
vacation, personal or sick leave. No payments will be made to the pension
system during this leave of absence.
3. The Police Lieutenant is required to notify the Township Committee on the
anticipated date of return, as soon as such date is known. Failure to return
on such date without a notice shall be considered and construed as a
voluntary resignation. Upon return, the Police Lieutenant shall maintain his
rank and grade prior to said leave and shall be credited with the same
seniority accrued prior to said leave.
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1. The Police Lieutenant shall be granted fifteen (15) sick leave days per
2. Sick days may be used for personal illness or when a member of the
immediate family or household is ill and requires assistance. The Police
Lieutenant may be asked to submit acceptable medical evidence
substantiating the need for sick leave if absent from duty for three or more
consecutive days. The Police Lieutenant will notify the officer on duty in the
event of his absence.
3. Unused sick leave time may be accumulated by the Police Lieutenant up
to a maximum of two hundred sixty (260) days.
4. Unused sick days shall accumulate from year to year. Upon
retirement, under the New Jersey Police and Fire Retirement System, the
Township shall pay the Police Lieutenant the full amount of any unused
sick leave accrued at the Police Lieutenant’s prevailing rate of pay, not to
exceed forty (40) days. This paragraph shall not prohibit the Police
Lieutenant from using accrued sick days prior to his retirement. If sick leave
is used in this manner, it will be computed the same as if he had used the
time annually toward time in service and pension.
5. The total number of sick days allocated shall be credited as of Janaury
1 st of each calendar year. In the event that resignation or termination
occurs during any given calendar year, unearned sick leave, which has
already been utilized will be deducted from any final salary payment.
6. After three (3) consecutive days of sick leave used by the Police Lieutenant
a confirmation of illness from a certified physician will be provided and at
his own expense. The Township may request confirmation of illness from a
qualified physician if abuse of sick leave is suspected.
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PERSONAL LEAVE DAYS
1. The Police Lieutenant shall be entitled to three (3) personal leave of
absence days with pay per calendar year.
2. There shall be no accumulation of personal days.
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1. The Police Lieutenant shall be entitled to twenty (20) days paid vacation
leave per calendar year.
2. Vacation shall be allowed to accumulate year to year up to a total of
thirty five (35) days which an employee may carry. Upon written request
to the Township the employee may receive payment at the current straight
time rate for 25% of the vacation time in lieu of using vacation time. If the
Lieutenant wishes to take extended vacation (over his allotted days for one
year, to be taken at one time), he must make written notification to the
Township at least sixty (60) days prior to the beginning of that vacation
3. Vacation may not be taken in conjunction with, or consecutive to other
leave without first obtaining permission from the Mayor/Director of Public
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1. The Lieutenant will be entitled to 14 paid holidays in which a check
will be paid annually during the duration of this agreement on the
final pay period in December of each year. The 14 holidays will be
paid at the years current straight time rate minus taxes and other
mandatory deductions. The 14 holidays are as follows;
NEW YEARS DAY
MARTIN LUTHER KING DAY
FOURTH OF JULY
DAY AFTER THANKSGIVING
2. Hours worked on a holiday shall be compensated at the rate of one and
one half (1.5) times the hourly rate of the Police Lieutenant.
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1. The Township shall provide for hospital and medical insurance, including
major medical for the Police Lieutenant and his family, at no cost to the
Police Lieutenant, under the current State Health Benefits Plan or equivalent.
2. The Township shall continue life insurance coverage for the Police
Lieutenant that is covered herein, at no cost, at the level of coverage in effect
at the time of the execution of this agreement.
3. The Township shall continue police liability coverage for the Police
Lieutenant, at no cost, at the level of coverage in effect at the time of the
execution of this agreement.
4. The Township may exercise its right to change insurance carriers, as long
as the coverage enumerated in this Agreement are maintained at their
5. The Police Lieutenant shall be afforded any other insurance of any type
that are provided to the West Amwell Township Police Officers per their
Agreement with the Township.
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SALARIES AND WAGES
1. BASE SALARY
A. The Base salary for the Lieutenant of Police shall continue to maintain
patrol officers in their agreement.
a minimum of Five Thousand Five Hundred ($5,500.00) above the rank of Patrolman First Class/final step for the years covering this agreement. The salaries covering 2006,2007 and 20085 are listed below based on four percent (4%) increases each year as granted to the
JANUARY 2006 JANUARY 2007 JANUARY 2008
$69,593.00 $ 72,377.00 $75,272.00
2. PAY PERIODS: Pay periods will be bi-weekly and the base salary plus
any earned overtime will be paid for that pay period.
3. HOURS/PAY WEEK: The Lieutenant of Police will work at schedule of Monday through Friday 7:00 a.m. to 3:00 p.m.. Pay period will begin at 12:01 a.m. Saturday through Midnight on the following Friday.
4. ON CALL/CALL BACK TO DUTY: In the event the Police Lieutenant is
called into work during other than regularly scheduled hours, i.e back up
assistance to other West Amwell Township Police Officers, Command for
critical incidents, off duty court appearances (municipal, county, state and
civil courts), administrative functions, meetings, in service training,
police related speaking presentations, firearms qualifications, special
training and any other police function that requires the presence of the
Lieutenant of Police, he shall be guaranteed a minimum of four (4) hours
pay at the rate of 1.5 hours . The Police Lieutenant may opt to take
compensatory time, per call out or functions as listed above at a rate of six (6)
compensatory time hours per event.
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1. In addition to the annual salary of the Lieutenant of Police, he shall be
paid longevity increments for each year covering this agreement (2006,2007,
2008). The longevity shall be three percent (3%) of his base salary.
Disbursement will be made in one annual check on the last pay period in
November of each year. Regular deductions including pension will be
taken from this check.
2. The yearly longevity increases are reflected on the base salary page, (page 17, ARTICLE XIII).
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1. Overtime shall be paid to the Police Lieutenant when he is required to
work in excess of his regularly scheduled tour of duty. Overtime shall be
paid when he is required to work on a regularly scheduled day off, or for
any purposes stated below. The Police Lieutenant shall be paid an overtime
rate of time and one half (1.5) times his regular hourly rate.
2. Monetary compensation for overtime worked within any pay period shall
be made within the pay period which immediately follows, overtime will be
submitted on the West Amwell Township Police Department overtime
3. The Police Lieutenant will conduct four (4) departmental meetings each
calendar year without receiving compensation. Any meeting required after
the four(4) afformentioned shall be considered overtime unless the meeting
occurs on his shift. Any police department meetings in addition to the four
(4) during the calendar year will be justified in writing to the Mayor/Director
of Public Safety and approval must be granted prior to the meeting being
held. Police department meetings of “ emergency” nature will only be
conducted after first making notification and receiving approval from the
Mayor/Director of Public Safety.
4. Overtime will be paid to the Police Lieutenant in excess of his regularly
scheduled shifts, overtime will include, being called into duty to back up
other department officers, critical incidents, weather emergencies, natural
disasters, suspicious deaths, fatal motor vehicle accidents, police vehicle
accidents, internal investigations, assist with arrest’s, conduct breathalyzer
tests on suspected D.W.I. suspects, municipal, county, state and civil court
testimony, mandatory Township meeting appearances, police programs
In service training and any other activity/incident which requires police command presence.
5. The Police Lieutenant will be paid a minimum of four (4) hours overtime
compensation (as indicated in ARTICLE XIII, page 17) for any time he is
called into duty on his scheduled time off. The Police Lieutenant reserves
the right to take compensatory time in lieu of monetary compensation at the
rate of time and one half (1.5 hours) per hour worked.
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DEATH IN THE FAMILY
a member of his family. Each leave shall be taken between the day of death
1. The Police Lieutenant shall be granted leave with pay upon the death of
up to and including the third day after burial based upon the following
A. In the event of the death of a spouse, father, mother, brother, sister,
son or daughter or other relative residing in the household, a maximum
of five (5) working days.
B. In the event of the death of a aunt, uncle, first cousin, father-in-law
or mother-in-law, a maximum of three (3) working days.
2. The times listed pertaining to his Article may be extended by the Township
Committee. In the event the requested leave cannot be acted upon in a timely
fashion, leave may be granted by the Mayor/Director of Public Safety.
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DENTAL, EYE GLASS, UNINSURED MEDICAL REIMBURSEMENT
insured medical expenses. Any unused portion of this allowance will be
1. The Lieutenant of Police will be reimbursed a maximum of one thousand dollars ($1,000.00) each year for dental, eye care and non
carried over to the next year and added to that years allowance, with a
maximum amount not exceeding three thousand dollars. No payment shall be made unless the request for payment is accompanied by a copy of the providers bill or a copy of the receipt for goods and/or services rendered.
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USE OF PERSONAL CELLULAR TELEPHONE REIMBURSEMENT
1. The Police Lieutenant is on call 24 hours a day, 365 days a year. Often
times while on patrol, at the scene of a incident or for contacting a telephone
Hunterdon County Dispatch Center or to speak to a patrol officer at police
number that is has been placed on his pager the Police Lieutenant’s personal cellular telephone is utilized as the fastest way of making contact with the
2. The Township agrees to reimburse the Police Lieutenant ten dollars
($10.00) per month at a total of one hundred twenty dollars ($120.00) in a
lump sum per year for the use of his personal cellular telephone for police business. The payment will be considered reimbursement and not as income. Payment will be made on or before January 30th of each year.
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COLLEGE INCENTIVE PROGRAM
undergraduate per credit rates) and textbooks will be paid for by the the
1. The full costs of tuition (not to exceed Rutgers University regular
Employer upon successful completion of (C+ or a grade of Pass, unless +
or – is not given) of any accredited college leading to a degree in law
enforcement, or criminal justice, or police science, within thirty (30) days
following the submission of receipts of same.
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1. MILEAGE ALLOWANCE: In the event the Police Lieutenant is required to
utilize his personal vehicle for any business or activity related to the
Township of West Amwell, he shall be compensated at the rate that is agreed
upon by the West Amwell Township Police Officers in their Agreement with
the Township covering the duration of their Agreement for calendar years,
2006, 2007 and 2008.
2. OUT OF POCKET EXPENSES: Upon receiving prior approval from the
Mayor/Director of Public Safety or his/her designee, the Police Lieutenant
shall be reimbursed for out-of-pocket expenses such as tools, parking, meals,
and lodging, incurred in connection with the performance of his duties.
3. OFF DUTY JOBS: Employment outside of the department, wherein
Township equipment is utilized, i.e. uniform, patrol unit, insurance covering
injury, liability insurance etc. , will be in accordance with the Agreement
between the West Amwell Township Police Officers and the Township
covering the duration of their Agreement for calendar years, 2006,2007 and
4. PHYSICAL EXAMINATION: The Police Lieutenant will submit yearly to
a physical examination including, but not limited to a medical physical,
blood work and cardiogram to determine his fitness for duty. The
examination will be at the expense of the Township.
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TERM, RENEWAL AND ENDORSEMENTS
1. It is hereby agreed by the parties of this Agreement retroactive to the 1st
of January 1, 2003. This Agreement shall remain in full force and effect until
it is superceded by the Agreement between parties. The length of this
Agreement shall be from January 1, 2006 through December 31, 2008.
2. It is further agreed that at any time during the life of this Agreement that
either party may, by letter to the other party, request reopening of any
provision of this agreement and that meaningful discussions ensue regarding
said reopening. Should discussions be opened they will be restricted to the
provisions agreed upon by both parties and the remainder of the Agreement
will remain in full force and effect.
TOWNSHIP OF WEST AMWELL
MAYOR THOMAS MOLNAR. DATE
BY: __________________________________________________ _______________________
LIEUTENANT OF POLICE
LIEUTENANT STEPHEN J. BARTZAK DATE
LORA OLSEN, C. M.C. DATE
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