Contract Between
Ocean Cty Sheriff's Office-Ocean
- and -
PBA Loc 379
* * *
04/01/2006 thru 03/31/2010


CategoryCounty
UnitSheriff's Officers

Contract Text Below
Add “Betty Vasil” as Clerk of the Board

AGREEMENT
AMONG
THE OCEAN COUNTY BOARD OF CHOSEN FREEHOLDERS
AND
THE OCEAN COUNTY SHERIFF
AND

NEW JERSEY STATE POLICEMEN'S BENEVOLENT ASSOCIATION
LOCAL NO. 379

AGREEMENT TERM: FOUR YEARS

              APRIL 1, 2006 THROUGH MARCH 31, 2010

INDEX

I I
AGREEMENT 1
WITNESSETH 1
PURPOSE 2
RECOGNITION 2
IIIMANAGEMENT RIGHTS 3
IVSALARIES 4
VMAINTENANCE OF BENEFITS 5
VIUNIFORM MAINTENANCE ALLOWANCE 6
VIIOVERTIME COMPENSATION 6
VIIIPERSONAL DAYS 7
IXHOSPITAL, SURGICAL, PRESCRIPTION &
MAJOR MEDICAL BENEFITS 8
XVISION CARE PLAN 9
XIFAMILY DENTAL PLAN 9
XIIHOLIDAYS 10
XIIISICK LEAVE 12
XIVVACATION LEAVE 14
XVATTENDANCE AT ASSOCIATION MEETINGS 15
XVILONGEVITY 16
XVIICOLLEGE CREDIT 16
XVIIITUITION REIMBURSEMENT 17
XIXNO STRIKE CLAUSE 18
XXGRIEVANCE PROCEDURE 18
XXISEVERABILITY CLAUSE 22
XXI IUNILATERAL CHANGES : 22
XXIIIFULLY BARGAINED CLAUSE 23
XXIVNEGOTIATION OF A SUCCESSOR AGREEMENT 23
XXVBEREAVEMENT LEAVE 23
XXVISENIORITY 24
XXVIIAGENCY SHOP 25
XXVIIICHECK OFF OF DUES 25
XXIXON CALL, EXTRADITION AND K-9 ASSIGNMENTS 26
XXXPERSONNEL FILES 27
XXXICEREMONIAL ACTIVITIES 28
XXXIIBULLETIN BOARD 28
XXXIIIWEATHER EMERGENCIES 29
XXXIVDURATION 29
XXXVLAW ENFORCEMENT PROTECTION ACT 30
SIGNATURE PAGE 31
SIDE LETTER 32
APPENDIX A SALARIES 33



AGREEMENT

This Agreement, made this day of 2006, among the Ocean County Board of Chosen Freeholders and Ocean County Sheriff, hereinafter jointly referred to as "Employer", and the New Jersey State Policemen's Benevolent Association, Local 379, comprised of Ocean County Sheriff's Officers and for this particular Agreement, excluding Sergeants, Lieutenants, and Captains as Superior Officers, and all other employees, which organization has been certified by the Public Employment Relations Commission as an appropriate bargaining unit, hereinafter referred to as the "Association" or "PBA". Wherever the term Sheriff's Officer or Employee is used in this Agreement, each designation shall be interchangeable and have the same meaning and effect.

WITNESSETH

WHEREAS, the Public Employment Relations Commission has certified the New Jersey State Policemen's Benevolent Association, Local 379 as the exclusive representative of all Ocean County Sheriff's Officers for the purpose of collective negotiations with respect to wages, hours, terms and other conditions of employment, for those Sheriff's Officers set forth in the certification to the Public Employment Relations Commission and employed by the County of Ocean and all the rules and regulations of the Civil Service Commission.

Now, Therefore, the County of Ocean, The Sheriff and the New Jersey State Policemen's Benevolent Association, Local 379 mutually agree as follows:






PURPOSE

The purpose of this Agreement is to set forth herein all terms and conditions of employment to be observed between the parties hereto.

ARTICLE II

RECOGNITION


A. UNIT
      The County of Ocean and the Sheriff hereby recognize the New Jersey State PBA Local 379 as the exclusive and sole representative for collective negotiations concerning grievances and terms and conditions of employment for all permanent Sheriff's Officers, but excluding Sergeants, Lieutenants, Captains and all other County employees.
B. MODIFICATION
      This Agreement shall not be modified in whole or in part by the parties except by an instrument in writing duly executed by both parties.


MANAGEMENT RIGHTS

The Board and the Sheriff reserve to themselves and their agents full jurisdiction and authority over matters of policy, work rules and regulations, and retain the right, subject only to the specific limitations imposed by language of this Agreement, in accordance with applicable laws and regulations.
    1. To direct the employees of the unit.
      1. To hire, promote, transfer, assign and retain employees in positions in the unit and for just cause, to suspend, to demote, to discharge or to take other disciplinary action against employees.
      2. To relieve employees from duties because of lack of work or for other legitimate reasons.
      3. To maintain the efficiency of the operations of the County and the Sheriff's Department entrusted to the Board and the Sheriff's.
      4. To determine the methods, means and personnel by which such operations are to be conducted.
      5. To take whatever actions may be necessary to carry out the mission of the County and the Sheriff's Department in situations of emergency.
      6. All rank and file Sheriff's Officers shall successfully complete the basic police academy training curriculum as a condition of employment in accordance with NJSA 40A:9-117.6 and NJSA 52:17B-66 et seq.


SALARIES

Base annual salaries for employees covered by this Agreement shall be set forth on Schedule A annexed. Movement on the guide is automatic and is diagonal, except at maximum step, in every year.

Probationary employees shall be placed on Step 1 of the salary guide as of the one year anniversary date within the Department, even in those instances where an employee's actual probationary period has not yet been completed due to scheduling constraints. It is furthermore agreed that these probationary employees will receive any increases in the minimum salary which may have occurred during the interim period.

          Examples. The following are examples of the automatic incremental salaries guide:
      1. EXAMPLE: Movement of probationary employees to step one (1) as referred to above.
      2. EXAMPLE: An Officer at step one (1) on the salary guide on March 31, 2002 shall move up the guide to step two (2) on April 1, 2002 at the salary specified for step two (2) of the 2002 contract year.
      3. EXAMPLE: An Officer at step two (2) on the salary guide on March 31, 2002 shall move up the guide to step three (3) on April 1, 2002 at the salary specified for step three (3) of the 2002 contract year.
      4. EXAMPLE: An Officer at step three (3) on the salary guide on March 31, 2002 shall move up the guide to step four (4) on April 1, 2002 at the salary specified for step four (4) of the 2002 contract year.
      5. EXAMPLE: An Officer at step four (4) on the salary guide on March 31, 2002 shall move up the guide to step five (5) on April 1, 2002 at the salary specified for step five (5) of the 2002 contract year.



      1. EXAMPLE: An Officer at step five (5) on the salary guide on March 31, 2002 shall move up the guide to step six (6) on April 1, 2002 at the salary specified for step six (6) of the 2002 contract year.
      2. EXAMPLE: An Officer at step six (6) on the salary guide on March 31, 2002 shall move up the guide to step seven (7) on April 1, 2002 at the salary specified for step seven (7) of the 2002 contract year.
      3. EXAMPLE: An Officer at step seven (7) on the salary guide on March 31, 2002 shall move up the guide to the maximum step specified on April 1, 2002 at the salary specified for the maximum step of the 2002 contract year.

          EXAMPLE: An Officer at the maximum step on the salary guide on March 31, 2002 shall move to the new or adjusted maximum step specified on April 1, 2002 of the 2002 contract year.
      j. The same shall apply in 2003, 2004 and 2005.
C. If no new Collective Negotiations Agreement has been negotiated and implemented as of the expiration date of this Agreement, all Officers not at maximum shall automatically move to the next higher step of the salary guide, consistent with the practice set forth above which shall remain in effect until a successor Agreement is signed and implemented.

ARTICLE V

                  MAINTENANCE OF BENEFITS
Except as specifically modified, deleted or changed by this Agreement, all benefits existing all the time of this Agreement shall continue in effect for the duration of this Agreement. Nothing contained herein shall be interpreted or applied so as to eliminate, reduce or detract from any employee benefit existing prior to this date
          ARTICLE VI
          UNIFORM MAINTENANCE ALLOWANCE
The County will reimburse a new Officer for the purchase of
      his/her uniform.
          Uniform specifications pertaining to weight, color, etc. will be determined by the Sheriff.

          All Sheriff's Officers shall maintain and wear the proper uniform as required by the Sheriff. If the employer changes uniforms, the cost of the change shall be borne entirely by the employer.


          ARTICLE VII








          OVERTIME COMPENSATION




      Overtime shall be compensated for at the rate of time and one-half for each hour actually worked in an overtime status. Overtime payment shall commence after completion of eight (8) hours work in a workday or forty hours in


workweek. Sick days, legal holidays, vacation days and personal days, constitute compensable days for the computation of overtime. All other days, other than workdays, sick days, legal holidays, vacation days and personal days, will not be utilized as compensable days for the purpose of computing overtime. All overtime must be authorized by the Sheriff or his/her designee.

B. The Sheriff or his/her designee, at his/her discretion, may require a doctor's certificate for any sick day taken by an Officer during a period within which the Officer has worked overtime and the sick day was actually used as a compensable day for the purposed of computation of overtime.

Any Sheriff Officers called to work will be guaranteed four (4) hours overtime, and if he/she works over five (5) hours, will be guaranteed eight (8) hours.

All overtime shall be distributed as equally as possible among bargaining unit members.

                  ARTICLE VIII
PERSONAL DAYS

Each employee will be granted three (3) personal days per annum. Requests for the use of a Personal day must be submitted on the form provided by the Sheriff's Office at least forty-eight (48) hours before the commencement of leave. This leave may not commence if any emergency condition exists in the County as declared by the Sheriff or his/her designee.




HOSPITAL, SURGICAL, PRESCRIPTION
AND MAJOR MEDICAL BENEFITS
  1. Effective April 1, 1994, the County of Ocean shall provide medical coverage to County employees through the New Jersey State Health Benefits Program as supplemented by the NJ Local Prescription Drug Program and Chapter 88 PL 1974, as amended by Chapter 436 PL 1981. Qualified retirees shall be provided fully paid health insurance benefits pursuant to the provisions of Chapter 88, P.L. 1974 as the same may be amended from time to time. Health and Prescription Insurance coverage shall become effective after completing sixty (60) days of service with the County.
  2. The County shall not change the health insurance coverages referred to in paragraph A except for a Plan that is equivalent or better. Provided, however, that the parties expressly recognize that the components of HMO plans changed periodically by the plan providers and that the County has no control over or any obligations regarding such change.
  3. Eligible employees may change his or her coverage from the New Jersey State Health Benefits Program to an HMO, or vice versa, only during the announced open enrollment period each year after having been enrolled in the former plan for a minimum of one (1) full year. Regardless of this election, employees are specifically ineligible for any deductible reimbursement.
  4. When a member from this bargaining unit is granted the privilege of a leave of absence without pay for illness, health coverage under th articles providing for hospital, surgical, major medical, family dental plan, and family prescription plan, will continue at County expenses for the balance of the calendar month in which the leave commences plus up to three (3) additional calendar months next following the month in which the leave commences. After that time has elapsed, if necessary, coverage for an additional period of eighteen (18) months may be purchased by the employee under the COBRA plan.
  5. In the case of consecutive leaves of absences without pay, it is understood and agreed that the responsibility of the County to pay for benefits remains limited to the original period of up to four calendar months.


VISION CARE PLAN

Vision care benefits will be afforded to all members of the bargaining unit in accordance with the provisions as set forth in the Guidelines for "Ocean County Vision Service Plan."

ARTICLE XI

FAMILY DENTAL PLAN


Members of this bargaining unit after the first of the month following three (3) full months of employment shall be eligible for a Family Dental Plan contracted for with Blue Cross/Blue Shield or other suitable dental care provider. The Family Dental Plan will be made available to eligible employees, spouses and children to the end of the year in which they turn 19 years of age. The maximum total cost for services per patient per benefit year is limited to $1,000. There will be a $25.00 deductible per patient per benefit year to be paid by the employee, for use to the first three members of each family. However, this deductible is not applicable to preventative and diagnostic services as described below:



          Preventive and diagnostic

          (X-rays, cleaning, check up, etc) 100%

          Treatment and therapy
          (Fillings) 80%

          Prosthodontics, periodontics, inlays,
          Caps and crowns, oral surgery
          (Ambulatory) 50%

          Orthodontics
          (Limited to $800 per patient)
          Over a five year period 50%

ARTICLE XII

HOLIDAYS

      Each full time Officer covered by this Agreement shall enjoy the following holidays with pay, to be observed on the dates specified each January by the Board of Chosen Freeholders:

      Martin Luther King Day Lincoln's Birthday Washington's Birthday Good Friday
      Memorial Day
      Labor Day
          Columbus Day Veteran's Day General Election Day Thanksgiving Day Thanksgiving Friday

      In addition each full time Officer covered by this Agreement shall enjoy as holidays January 1St, July 4th and December 25th of each year. If the Board of Chosen Freeholders designates a different date for the County celebration of these three holidays said designation shall not apply to members of this bargaining unit.




      In the event any Officer covered by this Agreement is required by the Sheriff to perform duties on any of the holidays enumerated above or on Easter Sunday, whether scheduled or call in situations, he/she shall be compensated as set forth below:
      A. All work performed on a holidays shall be compensated a rate equal to two and one-half times (2%) the rate of pay which would apply on a normal workday. The eight (8) hours regular day's pay shall always count toward the 2% X rate of pay. Specific examples follow:
              Employee scheduled to work eight (8) hours on a holiday who actually works the eight (8) hours:

8 hours (regular pay @ straight time) = 8 hours 8 hours
@ 1 1/2 X= 12 hours
                              TOTAL 20 hours
              Employee scheduled to work eight (8) hours on a holiday who actually works 16 hours:

              8 hours @ straight time = 8 hours
              8 hours @ 1'/z X = 12 hours
              8hours @2%X = 20 hours

                              TOTAL 40 hours
              Employee not scheduled to work because of a holiday who is called in to perform 2 hours work:

              8 hours @ straight time = 8 hours
              4 hours (min. call back) @ 1 % X = 6 hours

                              TOTAL 14 hours
              Employee not scheduled to work because of a holiday who is called in to perform 10 hours work:

              8 hours @ straight time = 8 hours
              8 hours @ 1 % X =12 hours
              2hours @X = 5 hours

                              TOTAL 25 hours


SICK LEAVE

A. Sick leave shall accumulate at the rate of one and one-quarter (1 1/4) days per month in the first year of service, commencing on the 1St month or major portion thereof, from date of hire. It is assumed that the employee shall remain in the service of the County for the remainder of the calendar year, and the total number of sick days, pro rata, shall be credited to the employee. If separation occurs before the end of the year, and more sick leave has been taken than apportioned on a prorated basis, the per diem rate of pay for the excess days shall be deducted from the final pay.Sick leave shall accumulate from year to year with an additional fifteen (15) days credited to the employee at the beginning of each successive calendar year.

Time lost due to injury or illness arising out of or caused by County employment, for which the employee has a claim for Worker's Compensation shall not be charged to sick leave. Paid holidays occurring during a period of sick leave shall not be chargeable to sick leave. When an injury occurs on the job the affected Officer shall be covered up to one (1) year at full pay.

A. Employees in this bargaining unit are also eligible for coverage under the County's reimbursement for unused sick leave at retirement policy. This policy provides for reimbursement for unused sick days at retirement on the basis of one-half (th) pay for each earned and unused sick day to a maximum of $15,000. Employees are responsible for following all of the conditions and controls of this policy and all pertinent forms must be submitted to the Department of Employee Relations at least

sixty (60) days prior to the date retirement commences. Employees will have a choice of selecting either a lump sum payment or payments spread over a three year period. The estates of unit members who die while stilled employed by the Board and/or Sheriff shall also receive the same benefits within the guidelines described above.




VACATION LEAVE
      The County's vacation program is set forth as follows:
      1. For an employee with no more than twelve (12) months of service, one (1) day for each calendar month employed.
      2. For an employee who has served twelve (12) months and one (1) working day up to a total of forty-eight (48) months, twelve (12) working days.
      3. For an employee who has served forty-eight (48) calendar months plus one (1) day up to a total of one hundred thirty-two (132) calendar months, fifteen (15) working days.
      4. For an employee who has served one hundred thirty-two (132) months plus one (1) day up to a total of two hundred twenty-eight (228) calendar months, twenty (20) working days.
      5. For an employee who has served two hundred twenty-eight (228) calendar months plus one (1) day, twenty-five (25) working days.

      Each employee will be informed of his or her vacation time through utilization of the County's computer system. Any employee leaving the service of the County shall have earned but unused vacation time paid to him or her. Unearned but used vacation time will be deducted from the employee's last pay, if termination of service occurs.
      1. Bidding for vacations shall be based upon Civil Service seniority, provided it does not create a shortage of experienced Officers on a given shift.


ATTENDANCE AT ASSOCIATION MEETINGS

1. The Sheriff shall grant time off without loss of pay to the Association President and State Delegate to attend any and all State, County Conference or Local Association meetings, which require attendance if he/she is scheduled for duty the times of such meetings. It is intended that no more than two (2) delegates attend Policemen's Benevolent Association meetings during their normal working shift and further, there shall not be more than two (2) days of such meetings in any given month. If possible, Association meetings should be scheduled for those delegates during their off-duty periods.

2. The PBA President or his/her designee shall be granted five (5) additional days per contract year to conduct union business.

3. The Sheriff agrees to grant necessary time off without loss of pay, including reasonable travel time to the members of the Association selected as Delegates to attend the State Conventions of the New Jersey State Policeman's Benevolent Association as provided under 4A:6-1.13. Not more than three (3) members, to include the State Delegate, President and one Alternate Delegate will be permitted to attend said Conventions. The leave shall be for a period inclusive of the duration of the Convention with a reasonable time allowed traveling to and from the Convention.

4. The Sheriff shall permit members of the Association Negotiating Committee to attend collective bargaining sessions during duty hours without the loss



of pay. The negotiations committee shall consist of the Associations President, State Delegate and not more than three (3) members of the Association.

      5. The Sheriff shall permit the Association one (1) Bulletin Board in the respective Sheriff's Department facilities for posting notice concerning Association business and activities dealing with the health, welfare and morale of the employees.
                  ARTICLE XVI
LONGEVITY

Longevity pay for all classified permanent employees covered by this Agreement with seven (7) or more years of continuous and unbroken service to the County of Ocean will be based upon the schedule set forth below.





7 years 3.0% of base salary
12 years 4.6% of base salary

17 years 5.7% of base salary

22 years 6.5% of base salary

27 years 7.3% of base salary

32 years 8.0% of base salary




ARTICLE XVII

COLLEGE CREDIT


A. Effective January 1, 2000, the employer agrees to pay each employee covered by this Agreement, in addition to his/her annual salary, an educational incentive, payable in equal increments, as set forth below on the following basis:

          For the Associate of Arts degree or sixty-two (62) college credits, Five Hundred Dollars ($500).
      1. For a Bachelor's Degree, or one hundred twenty-four (124) college credits, Eight Hundred Dollars ($800) .
    1. For a Master's Degree, One Thousand Dollars ($1000.)
B. Successful completion of the degree shall be evidence by submission of any of the following documents:
          A copy of the actual degree.
      1. A copy of the employee's transcript, indicating that a degree has been awarded accompanied by a letter from the institution certifying the awarding of the degree.
      2. Any certified institutional document that evidences the awarding of the degree.
C. Effective January 1, 2000, the foregoing payments shall be made with the regular paycheck totaling 26 payments per calendar year. The Officer must submit the proper documentation, of the applicable degree, to the Sheriff as outlined above. The Officer will begin to receive the appropriate stipend in their regular bi-weekly pay within thirty (30) days after notification is made to the employer.
                        ARTICLE XVIII
TUITION REIMBURSEMENT

Members of this bargaining unit are eligible to be reimbursed for college tuition, subject to the Ocean County Tuition Reimbursement Police (ER 701-86).




ARTICLE XIX

NO STRIKE CLAUSE

During the period of the time this Agreement is in effect and notwithstanding any change in existing law, the Association and its employees shall not have the right to engage in any slowdown, work stoppage, strike or similar type of activity. The method of resolving any disagreement concerning this agreement or other elements of the employment relationship shall be covered by the procedure contained in this Agreement.
                ARTICLE XX
GRIEVANCE

PROCEDURE

A. Definitions

      A "grievance" is a claim by an Officer or the PBA based upon the interpretation, application, or violation of this Agreement, policies or administrative decisions and practices affecting an Officer or group of Officers. Minor discipline (5 days of suspension or equivalent fine or any lessor penalty) shall be covered by the grievance procedure.

      An "aggrieved person" is the person or persons or the PBA making the claim.

      It is understood that the PBA reserves its lawful right as the Exclusive Bargaining Agent to file a complaint or initiate a formal grievance without the consent or prior notification of the person or group of persons the PBA deems afflicted by any disagreement and asserts its lawful right to enforce this Agreement by doing so.


      1. The grievant(s) or the PBA must file a grievance within fifteen (15) days of its occurrence.
      2. Grievances may be initiated at the Step of the procedure at which relief can be granted.
A. Purpose
      The purpose of this procedure is to secure, at lowest possible level, equitable solutions to the problems which may from time to time arise affecting Officers. Both parties agree that these proceedings will be kept informal and confidential at any level of the procedure.
B. Procedure
      1. Time limits - The number of days indicated at each level should be considered as a maximum and every effort should be made to expedite the process. The time limits specified may, however, be extended by mutual agreement.
      2. Level One - Immediate Superior - An Officer with a grievance shall first discuss it with his/her immediate superior, either directly or through the Association's designated representative, with the objective or resolving the matter informally.
      3. Level Two - County Sheriff - If the aggrieved person is not satisfied with the disposition of his/her grievance at Level One, or if no decision has been rendered within five (5) working days after the presentation of the grievance, he/she may file the grievance in writing with the PBA within five (5) days after the decision at Level One or ten (10) working days

          after the grievance was presented, whichever is sooner. Within five (5) working days after receiving the written grievance, the Association shall refer it to the Sheriff.
      1. Level Three - County Administrator - If the aggrieved party is not satisfied with the disposition of the grievance at Level Two, or if no decision has been rendered within ten (10) working days after the grievance was delivered to the Sheriff whichever is sooner, he/she may request in writing that the PBA submit his/her grievance to the County Administrator for disposition.
      2. Level Four - Arbitration - Within ten (10) days, if the aggrieved party is not satisfied with the disposition of this grievance at Level Three, he/she may request in writing that the PBA submit his/her grievance to Arbitration. If the PBA determines that the grievance is meritorious, it may submit the grievance to arbitration within twenty (20) days after receipt of a request to arbitration within twenty (20) days after receipt of a request by the aggrieved person.

      Within ten (10) days after such written notice of submission to arbitration, the County and the PBA shall attempt to agree upon a mutually acceptable arbitrator and shall obtain a commitment from said Arbitrator to serve. If the parties are unable to agree upon an Arbitrator or to obtain such a commitment within the specified period,
a request for a list of Arbitrators may be made to PERC by either party. The parties then shall be bound by the rules and procedures of PERC.

      The Arbitrator's decision shall be in writing and shall be submitted to the County and the PBA and shall be final and binding on the parties.

      In the event that arbitrability of a grievance is at issue between the parties,jurisdiction to resolve the issue shall rest solely with the Arbitrator selected in accordance with the provision of this Article.

      The costs for the services of the Arbitrator, including per diem expenses, if any, and actual and necessary travel, subsistence expenses and the cost of the hearing room shall be borne equally by the County and the PBA. Any other expenses incurred shall be paid by the party incurring same.

      Rights of Officers to Representation

      1. Officers and PBA - Any aggrieved person may be represented at all stages, except at Level One, of the grievance procedures by himself, or, at his/her option, by representative(s) selected or approved by the PBA. When an Officer is not represented by the PBA, the PBA shall have the right to be present and to state its views at all stages of the grievance procedure.
      2. No Reprisals - No reprisals of any kind shall be taken by the County or by any member of the administration against any party in interest, any representative, any member of the PBA, or any other participant in the grievance procedure by reason of such participation.

      Miscellaneous
      1. Written Decisions - Decisions rendered at Level One which are unsatisfactory to the aggrieved person and all decisions rendered at Level Two and Three of the grievance procedure shall be in writing setting forth the decision and the reasons therefore and shall be. transmitted promptly to all parties in interest and to the PBA. Decisions rendered at Level Three shall be in accordance with the procedures set forth in the Section.
      2. Separate Grievance File - All documents, communications and records dealing with the processing of a grievance shall be filed in a separate grievance file and shall not be kept in the personnel file of any of the participants.
    1. Forms - Forms for filing grievances, serving notices, taking appeals.

making reports and recommendations and other necessary documents shall be prepared by the PBA and given appropriate distribution so as to facilitate operation of the grievance procedure.

      1. Meetings and Hearings - All meetings and hearings under this procedure shall not be conducted in public and shall include only such parties in interest and their designated or selected representatives, heretofore referred to in this Article.
      2. Sole and Exclusive Remedy - This grievance procedure shall be the sole and exclusive remedy for any issue arising out of the interpretation, application, or violation of this Agreement, policies or administrative decisions and practices affecting an Officer or group of Officers.
      3. Single Grievance - An Arbitrator shall be empowered to hear only one grievance for each appointment he receives; provided, however, that in the event there is more than one grievance presented and the grievances arise out of the same set of facts or involve the same materially and substantially identical issues, single Arbitrator shall be empowered to adjudicate all such grievances.
ARTICLE XXI

SEVERABILITY CLAUSE

      If any part, clause, portion or article of this Agreement is subsequently deemed by a Court of competent jurisdiction to be illegal, such clause, portion or article may be deleted and the remainder of the Agreement not so affected shall continue in full force and effect absent the affected clause.

ARTICLE XXII

UNILATERAL CHANGES

      There shall not be any unilateral changes in the terms and conditions of this Agreement. Any changes made in this Agreement shall be done with the mutual

consent of the parties. However, unless specifically provided in this Agreement, neither party shall be required to re-negotiate any part of this Agreement until the expiration of said Agreement.

ARTICLE XXIII

FULLY BARGAINED CLAUSE


This Agreement contains the entire understanding of the parties. There are no representations, promises or warranties other than those set forth herein.

ARTICLE XXIV

NEGOTIATION OF A SUCCESSOR AGREEMENT


The parties shall commence negotiations for a successor contract no later than April 1, 2006.

ARTICLE XXV

BEREAVEMENT LEAVE

      All employees shall receive up to three (3) days in the event of the death of a spouse, child, son-in-law, daughter-in-law parent, father-in-law, mother-in-law,


brother, brother-in-law, sister, sister-in-law, grandparent, grandchild, aunt, uncle, common law spouse and other member of the immediate household. All employees shall be entitled to a leave of the one (1) day to attend the funeral of a spouse's aunt, uncle, or grandparent. Such leave is separate and distinct from any other leave time.

All such leave will not be taken until the immediate supervisor is notified of the instance of bereavement. Verification may be requested by the Department Head.


ARTICLE XXVI

SENIORITY


  1. Seniority shall be defined as an employee's length of unbroken continuous service with the Sheriff's Department. Seniority shall commence and begin to accumulate from the employee's first day of appointment by Ocean County as a duly sworn Sheriff's Officer as recognized by Civil Service standards and accordingly by any break in service.

  1. The seniority system shall be administered departmentally. An employee will carry his/her or her seniority from one section, division or unit of the department to another. Employees will not lose seniority rights if transferred from one title or duty assignment to another within the same rank.
  2. The Sheriff shall have the authority to designate employees to a sixty (60) day training period when filling a new position within the Sheriff's Department.
  3. The Sheriff shall, regardless of accumulated seniority of employee(s) in question, have the authority to make emergency transfers to positions where

      needed for a period not to exceed ninety (90) days.
E. Officers shall have the right to bid for their shift as well as days off, when transferred into the division. The Sheriff shall retain the sole authority for the assignment of Officers to sections, divisions or units within the Departments.

ARTICLE XXVII

AGENCY SHOP

      The County and the PBA agree that an Agency Shop provision as passed into
Law CH 477 PL 1979 NJSA which grants the PBA a representative fee of 85% of the

Union Dues for non-members shall be implemented and made part of this Agreement.

The PBA agrees to comply with all aspects of the law in the application of this statute as written.

ARTICLE XXVIII

CHECK OFF OF DUES

      The County agrees to deduct from the earnings of each member of the PBA, Association membership dues when said employee has properly authorized such

deduction in writing. The Association will indemnify, defend and save harmless the County against any and all claims, demands suits or other forms of liability that shall arise out of or by reason of action taken by the County, in reliance upon salary deduction authorization cards submitted by the Association to the County. Unless otherwise specified, the deductions enumerated above shall take place on a monthly basis.

ARTICLE XXIX

ON CALL, EXTRADITION AND K-9 ASSIGNMENTS

  1. Sheriff's Officers when assigned by the Sheriff to an on call duty status, shall be compensated in the amount of one hundred twenty-five ($125.00) per week for each week so assigned.
  2. Sheriff's Officers performing extraditions shall in addition to their regular pay earn four (4) hours of overtime for each twenty-four (24) hour period that they are on duty.

  1. Sheriff's Officers when assigned by the Sheriff to the K-9 Unit shall receive One Hundred Seventy-Five Dollars ($175.00) per month as on call pay. The parties recognize that the present practice shall remain, for the term of this Agreement. This practice includes full payment, by the employer, for grooming, veterinary services, transportation and dietary supplies, for the canines, as well as all training being conducted during duty hours. The parties further recognize that should the present practice continue, the County would remain in compliance with the Fair Labor Standards Act regarding these issues, as referred

      to in the "Garcia Ruling".
ARTICLE XXX

PERSONNEL FILES

A personnel file shall be established and maintained for each employee

covered by this Agreement. Such files are confidential records and shall be maintained

in the Office of the Sheriff, and may be used for evaluation purposes.

          Upon advance notice and at reasonable times, any member of the
Department may at any time review his/her personnel file. However, this appointment

for review must be made through the Sheriff or his/her designated representative.

Whenever a written complaint concerning an Officer of his/her actions is to be placed in his/her personnel file, a copy shall be made available to him and he/she shall be given the opportunity to rebut it if he/she so desires, and he/she shall be permitted to place said rebuttal in his/her file. When the employee is given a copy of the complaint, the identification of the complainant shall be excised. However, if any disciplinary action is taken based on any complaint, then the Employee shall be furnished with all details of the complaint, including the identity of the complainant.

All personnel files will be carefully maintained and safeguarded permanently, and nothing placed in any file shall be removed therefrom. Removal of

any material from a personnel file by any member of the force shall subject that

member to appropriate disciplinary action.

          It is acknowledged that Ocean County Employee Relations also maintain an administrative set of files which the employee may arrange to review.
ARTICLE XXXI

CEREMONIAL ACTIVITIES

      In the event an Officer in another Department in the State of New Jersey is killed in the line of duty, the Employer will permit at least one (1) uniformed Officer of the County to participate in funeral services for the said deceased Officer.

      Subject to the availability of same, the Employer will permit a County vehicle to be utilized by the members in the funeral service.

      Officers participating in such funeral service shall not be entitled to any compensation during the time in which they are participating in said funeral service unless otherwise agreed to by the Sheriff.

ARTICLE XXXII

BULLETIN BOARD

The employer will supply one (1) bulletin board for the use of the Association to be placed in a conspicuous location.


The bulletin board shall be for the use of the Association for the posting of notices and bulletins pertaining to Association business and activities or matters dealing with the welfare of employees.

No matter may be posted without receiving permission of the officially designated Association representative. Any bulletins deemed detrimental to the operation of 'the Department may be rejected for posting by the Sheriff. However, approval for posting shall not be unreasonably withheld.

                      ARTICLE XXXIII
WEATHER EMERGENCIES
      If the Board of Chosen Freeholders closes the County Offices due to inclement weather, any member of this bargaining unit required to work by the employer shall receive an extra personal day as additional compensation for each full eight (8) hour shift worked.




                  ARTICLE XXXIV

                    DURATION
The duration of this Agreement shall be from April 1, 2002 through March 31,

2006 and its terms shall remain in full force and effect until a successor agreement is negotiated.

ARTICLE XXXV

LAW ENFORCEMENT PROTECTION ACT

The provisions of Public Law 1996, Chapter 115, known as the Law Enforcement Officers Protection Act are attached hereto and incorporated herein as if set forth at length. PBA bargaining unit members are acknowledged to be covered under the New Jersey "Law Enforcement Officers Protection Act".

      IN WITNESS WHEREOF, the parties have set their hands and seals this day
WITNESS: POLICEMEN'S BENEVOLENT ASSOCIATION, LOCAL NO. 379


SIDE LETTER OF AGREEMENT
      The County of Ocean, The Office of the Ocean County Sheriff and PBA Local No. 379 agree that for the year April 1, 2002, through March 31, 2003, each employee covered by this agreement shall receive an expense allowance of One
Thousand One Hundred Fifty ($1,150.00) Dollars.
                              William L. Polhemus, Sheriff
WITNESS: POLICEMEN'S BENEVOLENT ASSOCIATION, LOCAL NO. 379
    APPENDIX A
    SALARIES

Eff.Eff.Eff.Eff.Eff.
4/1/0210/1/024/1/034/ 1 /044/1/05

Probation

$30,638

$30,868

$33,226

$34,472

$35,764

Step 1
34,58134,84037,34738,74740,200

Step 2
38,34438,63241,28042,82844,434

Step 3
43,08943,41346,24147,97549,774

Step 4
47,95948,31951,33153,25655,253

Step 5
52,82653,22356,41858,53460,729

Step 6
57,63358,06561,44363,74766,137

Step 7
63,11163,58467,16969,68872,301
Maximum64,68865,17368,81771,39874,075


Ocean Cty Sheriffs Office and PBA Loc 379 2006.pdf