BOROUGH OF NEW MILFORD
NEW MILFORD PBA
LOCAL NO. 83
JANUARY 1, 2008 THROUGH DECEMBER 31 2011
Ruderman & Glickman, P.C.
675 Morris Avenue, Suite 100
Springfield, NJ 07081
Klatsky, Sciarrabone & DeFillippo
320 Broad Street
P.O. Box 8819
Redbank, NJ 07701
PRESERVATION OF RIGHTS 2
EMPLOYEES’ BASIC RIGHTS 2
EXCLUSIVITY OF ASSOCIATION REPRESENTATION 3
EXISTING LAW 4
ASSOCIATION RECOGNITION 4
RIGHTS OF EMPLOYEES 5
DATA FOR FUTURE BARGAINING 6
WORK DAY, WORK WEEK AND OVERTIME/COMP TIME 7
HOURLY RATE 8
COURT TIME 8
TRAINING PAY 8
PBA REPRESENTATIVES 10
PERSONAL LEAVE 11
SICK LEAVE 12
WORK INCURRED INJURY 13
BEREAVEMENT LEAVE 14
MEDICAL CONTRACT 15
BULLETIN BOARD 16
CEREMONIAL ACTIVITIES 16
PERSONNEL FILES 17
MILITARY LEAVE 17
GRIEVANCE PROCEDURE 17
SEPARABILITY AND SAVINGS CLAUSE 18
MILEAGE ALLOWANCE 19
NO WAIVER 19
UNIFORM REGULATIONS 19
MEAL ALLOWANCE 20
PRIORITY FOR OVERTIME 20
OFF DUTY POLICE ACTION 20
MATERNITY LEAVE 21
SAFETY AND HEALTH 21
CHANGES AND MODIFICATIONS 21
EDUCATION ALLOWANCE 21
UNIT MEMBERSHIP 21
DEPARTMENTAL SAFETY 22
SHIFT CHANGES 22
DETECTIVE SQUAD .22
TERMINAL LEAVE 22
SENIOR OFFICER’S PAY 24
TERM OF CONTRACT 24
APPENDIX “A” BASE WAGES 26
APPENDIX A2 27
APPENDIX A3 28
APPENDIX “B” – LONGEVITY 29
APPENDIX “C” – VACATIONS 30
THIS AGREEMENT, made this day of 2010 by and between the BOROUGH OF NEW MILFORD, a body politic and corporate of the State of New Jersey, hereinafter referred to as “The Employer”, and the POLICEMAN’S BENEVOLENT ASSOCIATION, LOCAL 83, (New Milford Unit) hereinafter referred to as the Association”.
WHEREAS, the Employer and the Association recognize that it will be to the benefit of both to promote mutual understanding and foster a harmonious relationship between the parties to the end that continues and efficient service will be rendered to and by both parties.
NOW, THEREFORE, it is agreed as follows:
A. The Borough of New Milford agrees that all benefits, terms and conditions of employment relating to the status of Borough of New Milford Police Officers, which benefits, terms and conditions of employment are not specifically set forth in this Memorandum of Agreement, shall be maintained at not less than the existing standards in effect at the time of the commencement of collective bargaining negotiations between the parties leading to the execution of this Memorandum of Agreement.
ARTICLE.ONE - PRESERVATION OF RIGHTS
B. Unless a contrary intent is expressed in this Memorandum of Agreement, all existing benefits, rights, duties, obligations and conditions of employment, applicable to any Police Officer pursuant to any rules, regulations, instruction, directive, memorandum, statute or otherwise shall not be limited, restricted, impaired, removed or abolished.
C. If agreement is reached between the parties as to any such additional issues relating to their employment, then, and in that event any such agreed upon language shall become part of this Agreement upon the execution of same, duly signed by the Association President and the Mayor or Council President.
D. Any changes and modifications concerning terms and conditions of employment shall be negotiated with the majority representative before they are established
ARTICLE TWO - EMPLOYEES’ BASIC RIGHTS
A. Pursuant to Chapter 303, Public Laws 1968 as amended, the Employer hereby agrees that every Employee shall have the right freely to organize, join and support the Association and its affiliates for the purpose of engaging in collective negotiations and
other concerted activities for mutual aid and protection. As a body exercising governmental power under the Laws of the State of New Jersey, The Employer undertakes and agrees that it shall not directly or indirectly discourage or deprive or coerce any Employee in the enjoyment of any rights conferred by Chapter 303, Public Laws 1968 as amended, or other Laws of New Jersey or the Constitution of New Jersey and of the United States.
B. The Employer further agrees that it shall not discriminate against any Employee by reason of his membership in the Association and its affiliates, collective negotiations with the Employer, or his institution of any grievance, complaint of proceedings under this Agreement or otherwise with respect to any terms or conditions of employment, as prescribed by the Statutes of the State of New Jersey.
C. For the purpose of this Agreement, the term “Police Officer” or “Employee” shall be defined as a full time Police Officer employed on a permanent basis, and to include the plural as well as the singular, and to include females as well as males. Special police appointed pursuant to N.J.S.A. 40A:14-146 are expressly excluded.
ARTICLE THREE -EXCLUSIVITY OF ASSOCIATION REPRESENTATION
A. The Employer agrees that it will not enter into any contract or memorandum of agreement with anyone but the recognized Association (PBA Local 83, New Milford Unit) only with regard to the categories of personnel covered by the said Memorandum of Agreement during the term of the Agreement.
B. Any permanent employee in the bargaining unit on the effective date of this Agreement who does not join the Union within thirty (30) days thereafter, any new permanent employee who does not join the union within thirty (30) days of initial employment within the unit, and any permanent employee previously employed with the unit who does not join within ten (10) days of reentry into employment with the unit shall, as a condition of employment, pay a representation fee to the Union by automatic payroll deduction. The Representation Fee shall be in an amount equal to eighty-five (85%) percent of the regular Union membership dues, fees and assessments as certified to the Employer by the Union. The Union may revise its certification of the amount of the representation at any time to reflect changes in the regular Union membership dues, fees and assessments. The Union’s entitlement to the representation fee shall continue beyond the termination date of this Agreement so long as the Union remains the majority representative of the employees in the unit, provided that no modification is made in this provision by a successor agreement between the Union and the employer. The Union agrees that it will indemnify and save harmless the Borough against any and all actions, claims, demands, losses, or expenses (including reasonable attorney’s fees) in any matter resulting from action taken by the Borough at the request of the Union under this Article.
ARTICLE FOUR - EXISTING LAW
The provisions of this Agreement shall be subject to and subordinate to, and shall not annul or modify existing applicable provisions of State and Federal Laws.
ARTICLE FIVE - ASSOCIATION RECOGNITION
A. The Employer recognizes PBA Local 83 (New Milford Unit) only as the exclusive representative for the purposes of collective negotiations with respect to all negotiable items of employment of all Employees employed by the Employer’s Police
Department except those Employees excluded herein, (Chief excluded).
B. No Employee shall be compelled to join the Association. The Association shall designate representatives within the Department and alternates for enforcement of this Agreement provided they are members of the New Milford Police Department or attorneys.
C. The Association shall furnish the Employer in writing the names of the representatives and the alternates and notify the Employer of any changes.
D. The Authority of the representatives and alternates so designated by the Association shall be limited to, and shall not exceed, the following duties and activities:
E. The designated Association representative shall be granted reasonable time during working hours to investigate and seek to settle formal grievances and to attend all meetings and conferences on collective negotiations with Employer officials. There shall be no overtime or compensatory time credited under this section.
1. The investigation and presentation of grievances in accordance with the provisions of the collective bargaining Agreement.
2. The transmission of such messages and information, which shall originate with, and are authorized by the Association or its officers.
ARTICLE SIX - RIGHTS OF EMPLOYEES
In an effort to insure that investigations of Police personnel are conducted in a manner, which is conducive to good order and discipline, the following rules are hereby adopted.
preferably when the member of the force is on duty, unless the exigencies of the investigation dictate otherwise, as determined by the Chief of Police. If any time is lost as a result of a departmental investigation, the member of the force shall be compensated, so long as he/she is exonerated of the charge.
A. The interrogation of a member of the force shall be at a reasonable hour,
B. The interrogations shall take place at a location designated by the Chief of Police.
C. The member of the force shall be informed of the nature of the investigation before any interrogation commences. Sufficient information to reasonably apprise the member of the allegations should be provided. If it is known that the member of the force is being interrogated as a witness only, he/she should be so informed at the initial contact.
D. The questioning shall be reasonable in length. Reasonable respites shall be allowed. Time shall also be provided for personal necessities, meals, telephone calls, and rest periods as are reasonably necessary.
E. The member of the force shall not be subject to any offensive language, nor shall he/she be threatened with transfer, dismissal or other disciplinary punishment. No promise of reward shall be made as an inducement to answering questions.
F. The complete interrogations of the member of the force shall be recorded mechanically or by a stenographer, if so requested by him/her. There will be no “off-the record” questions unless agreed to by the parties. All recesses called during the questioning shall be recorded.
G. If a member of the force is under arrest or is likely to be, that is, if he/she is a suspect or the target of a criminal investigation, he/she shall be given his/her rights pursuant to the current decisions of the United States Supreme Court.
H. In all cases, and at every stage of the proceedings, in the interest of maintaining the usual high morale of the force, the Department shall afford an opportunity for a member of the force, if he so requests, to consult with counsel and/or his Association representative before being questioned concerning a violation of the Rules and Regulations during the interrogation of a member of the force.
ARTICLE SEVEN - DATA FOR FUTURE BARGAINING
A. The Employer and the Association each agree to make available to the other all relevant data that they may require to bargain collectively.
B. Neither the Employer nor the Association shall incur additional expense by virtue of this Article. This Article shall not apply to any attorney-client work product.
ARTICLE EIGHT - SALARIES
The base annual salaries of all Employees covered by this Agreement shall be set forth in Appendix A. Attached to this correspondence are Appendix A1 through A3.
The base salary for the Position of Sergeant shall be 7.25% above the rank of top step patrol officer.
The Lieutenant’s base salary shall be 7% above the base salary rate for the Sergeant position.
The Captain’s base salary shall be 7% above the base rate for the Lieutenant position.
ARTICLE NINE - WORK DAY, WORK WEEK AND OVERTIME/COMP TIME
A. The work day and work week for all Employees including the current schedule shall be maintained during the term of this Agreement.
B. Overtime at the time and one-half rate shall be paid for all hours worked by employees beyond the normal daily or weekly tour of duty without limitations. This provision shall not apply to Detectives.
C. The employees within the bargaining unit agree to attend one meeting each quarter of the calendar year for a duration of two hours which shall be commonly referred to as the “Chiefs Meeting”. One of the above-mentioned meetings may be used by the employee to satisfy his/her annual weapons qualification requirement. No additional compensation shall be provided pursuant to this provision. The Chief shall designate two dates for each quarterly meeting.
D. Employees shall be permitted to accumulate compensatory time up to a maximum of 480 hours. However, no officer shall be permitted to retire with more than 50 hours of compensatory time for which he/she shall be entitled to be compensated in either a lump sum payout or as part of his/her terminal leave. Additionally employees shall be permitted to “buy down” all or portion of his/her compensatory time bank provided the Borough has the ability to pay. It is specifically understood by the parties that this “buy down” expires December 31, 2010. There is a certain amount of money allocated in budget and should too many officers apply to be paid, they will be paid on a percentage basis.
ARTICLE TEN - HOURLY RATE
To compute an Employee’s hourly rate, the sum of his yearly base salary (including longevity pay, college stipend, if any, and detective stipend pay, if any) shall be divided by 2080.
Effective January 1, 2011 to compute an employee’s hourly rate, the sum of his yearly base salary (including longevity pay, college stipend, if any, holiday pay and detective stipend pay, if any) shall be divided by 1946 hours.
ARTICLE ELEVEN - COURT TIME
A. Court time, as referred to in this Article, shall consist of all time during which any Employee covered under this Agreement, including persons assigned to the Detective Squad, shall be required to attend a Municipal Court, County Court, Superior Court, Grand Jury proceeding, or other Courts of Administrative Bodies as a direct result of his/her official duties.
B. When an Employee covered under this Agreement, including persons assigned to the Detective Bureau, shall be required to travel to and from any of the Courts or Administrative Bodies as noted in this Article, such travel time shall be considered and included in the computation of the amount of overtime to which the Employee is entitled, provided, however that such travel time shall be computed between The Employer’s Police Headquarters and the pertinent court or Administrative Body.
C. Payment pursuant to this Article shall be at the time and one-half rate with a minimum payment of 2 hours court time.
ARTICLE TWELVE - TRAINING PAY
The Employer agrees to compensate all Employees covered by this Agreement at the time and one-half rate for attending training courses designated or authorized by the Chief, which are beyond the Employee’s normal tour for a day or normal work week.
ARTICLE THIRTEEN - RECALL
Any employee who is called back to work after having completed his/her regularly scheduled shift or during a scheduled day off shall be guaranteed two (2) hours of work or pay at the overtime rate.
ARTICLE FOURTEEN - LONGEVITY
In addition to all wages and all payments, each Employee shall be entitled to longevity payment as set forth in Appendix “B”.
ARTICLE FIFTEEN - UNIFORMS
A. Each new Employee shall receive free of charge from the Employer the standard uniform and his/her weapon and his/her first issue of leather goods. Thereafter, the Employer will pay each Employee the sum of Six Hundred Dollars ($600.00) as a clothing allowance per year or members may continue to submit vouchers with vendor back-up as past practice at the option of the member. This shall apply to plain clothes as well as uniformed Employees. See terminal leave provision Article 50. The annual clothing allowance shall be increased by $50 in 2010 and by an additional $50 in 2011.
B. If the Employer decides to change the uniform or any part thereof, any such changed item shall be provided to each Employee, free of charge.
C. Utilization of the above Section shall not diminish the clothing allowance set forth in this Agreement, except if a complete new uniform is issued in any calendar year.
D. An Employee’s uniform or personal equipment which is required of him/her in his/her capacity as a Police Officer, which is damaged as a result of a single episode while performing his/her duty during the course of his/her employment, shall be replaced at the expense of the Employer without set off against the annual allowance. Employees must submit proof of damage to the Chief before ordering any replacements for damaged clothing or equipment (immediately after such damage to clothing or equipment occurs).
ARTICLE SIXTEEN - PBA REPRESENTATIVES
The Employer agrees to grant the necessary time off without loss of pay to one member of the Association or his/her alternate selected by the members of the Association as a delegate to attend any State Convention of the New Jersey Policemen’s Benevolent Association pursuant to N.J.S. 40A:14-177.
ARTICLE SEVENTEEN - VACATIONS
A. The vacation allowance shall be as set forth in this Agreement in Appendix “C”.
B. When in any calendar year the vacation or any part thereof is not granted by reason of police activities, they shall be granted during the next succeeding year at the discretion of the Chief of Police, but may not be unreasonably withheld.
C. In the event that an Employee becomes hospitalized while on vacation, said time in hospital shall be charged to sick time and not deducted from vacation time provided that proof of hospitalization is submitted by the hospital.
D. Employees on vacation will only be recalled by The Chief of Police in the event of a clear and present emergency.
E. Vacations shall be selected on a seniority basis, which shall be established by the Department as is presently in use.
F. Employees will be permitted to carry over up to six unused vacation days from one year to the next (non-cumulative).
G. Vacations shall be prorated during the last year of an employee’s service for vacation earned that last year.
ARTICLE EIGHTEEN - PERSONAL LEAVE
Each employee shall have three (3) personal leave days per year. For purposes of this clause, an Employee shall not be required to notify his superior of the reason for the personal leave day. Personal days may be accumulated from year to year up to a maximum of six (6) days. No personal days shall be granted during the twenty-four (24) hour period before or following a holiday, except at the discretion of the Chief of Police. Such discretion shall not be unreasonably withheld. Effective January 1, 2010, personal days will either be used by the end of the year or lost.
ARTICLE NINETEEN - HOLIDAYS
A. Employees of the Police Department shall be entitled to the following holidays without loss of pay.
New Year’s Day
Martin Luther King Day
General Elections Day
B. The payment of holidays for all Employees covered by this Agreement shall continue as per past practice.
C. Holidays shall be eliminated and the thirteen holidays will be converted into base pay effective January 1, 2011 following the 3.5% across-the-board increase in 2011. The amount shall be calculated by determining the value of each holiday and multiplying that daily value by 13 holidays and then by subtracting 25% which is an approximation of the amount the Borough will or would pay if it made a full pension contribution on that amount.
ARTICLE TWENTY - SICK LEAVE
A. An Employee shall be eligible to receive fifteen (15) working days for each calendar year worked with benefits when he is unable to work due to a verifiable sickness, injury or illness. The Employee shall be required to report any sickness, injury or illness as soon as practicable to his commanding officer. An Employee may reasonably be required to present proof of any sickness, injury or illness upon request of the Borough.
An Employee may be required to reasonably undergo any medical examination or tests required by the Borough. Relative to the above sick leave, all expenses for required examinations are to be borne by the Employer.
B. The Employer shall compensate each employee for unused sick leave as follows:
0 sick days used = $300.00
1 sick days used = $250.00
2 sick days used = $200.00
3 sick days used = $150.00
4 sick days used = $100.00
Calculated from December 1 through November of the immediately succeeding year to be paid in the first pay period of each December. The effective date of the termination of this benefit shall be January 1, 2010.
C. If it appears to the Borough that an Employee who is out pursuant to this Section will probably not be able to return to work due to such sickness, injury or illness, the Borough may reasonably require that the appropriate pension papers be submitted to the Pension Board on or after an absence of one (1) year due to sickness, injury or illness.
Effective January 1, 2010 eligible employees may opt for payment for accrued but unused sick leave as follows:
The Borough shall give extra compensation to those employees who do not use their sick days by paying them at their daily rate for one-half (1/2) of the annual 15 day allotment not used in the period from December 1 to November 30 of the following year provided that the employee maintains a sick bank of 50 days for the entire period.
Once the sick bank requirement of 50 days is satisfied, the employee may choose the option of adding unused days to his or her bank up to the 183 days (203 days for those with more than 20 years of service). Employees may bank sick days not paid.
Employees must express their option choice in writing to the Administrator no later than November 15th. Payments will be made the first pay date in December.
D. An abuse of the sick leave policy shall cause the Employee to be subject to disciplinary action including suspension and/or dismissal.
E. Accumulation of sick days shall continue pursuant to past practice except that there shall be no limitation on the number of days so accumulated.
F. The Mayor and Council will grant special consideration to any full time Employee of the New Milford Police Department for any long term illness not exceeding fifty-two (52) weeks, provided that said Employee has first depleted his accumulated sick days, personal days, holidays and vacation days. The Employee shall be covered under all provisions of this Agreement for this period of time, to the same extent as if he were on
full time active duty.
G. An employee who leaves work due to illness or otherwise takes sick leave shall be charged one-half a sick day if the employee reports for work but leaves before the midpoint of the shift.
ARTICLE TWENTY-ONE - WORK INCURRED INJURY
Where an Employee covered under this Agreement suffers a work incurred injury or disability the Employer shall continue such Employee at full pay, 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 Worker’s Compensation Act shall be paid over to the Employer. The Employee shall be required to present evidence, by a certificate from a responsible physician that the Employee is unable to work. The Employer may require the said Employee to present an additional certificate from the Borough Physician. 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. In the event a dispute arises as to whether an absence shall be computed or originated as sick leave or an injury on duty, the parties agree to be bound by the decision of an appropriate Worker’s Compensation court, or, if there is an appeal therefrom, the final decision of the last reviewing court. 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.
ARTICLE TWENTY-TWO - BEREAVEMENT LEAVE
A permanent full time Employees covered by this Agreement shall be entitled to leave with pay from the date of death of a member of his/her immediate family, through the
day after burial not to exceed five (5) calendar days. Immediate family shall include spouse, children, parents, brothers, sisters, grandparents of Employee or spouse. Such funeral leave shall not be charged against the Employees’ vacation or sick leave. Any extension of absence under this Article, however, may at the Employee’s option and with the consent of the department head, be charged against available vacation time or be taken without pay for a reasonable period. In the case of unusual circumstances not specifically covered in this Article, funeral leave may be granted or extended at the discretion of the Chief of Police or the Council Police Liaison person.
ARTICLE TWENTY-THREE - MEDICAL CONTRACT
A. The Employer will provide and pay for Blue Cross, Blue Shield, Rider J and Major Medical Insurance or equivalent insurance for Employees covered by this Agreement and their families. All plans presently in existence shall be maintained. All increases in premiums during the term of this Agreement shall be borne entirely by the Employer.
B. The Borough will provide a Family Health Care Plan for Employees and their families for employees who retire after twenty-five years of service or upon disability retirement, which Plan shall be the same as or equivalent to that which is currently being provided to members of the bargaining unit. All premiums and increases in premiums subsequent to retirement shall be borne entirely by the Borough until the retiree attains age 65, except that any employee who has twenty-five or more years of service as of the expiration of this Contract, shall be provided with said coverage by the Borough to age 68,
unless the Employee obtains new Employment which provides him with the same or equivalent coverage and under the same or similar conditions, in which event the Employee must accept the Employer’s coverage.
C. In addition, if the retiree so chooses and upon notification to the Borough, the Borough shall continue to maintain this insurance coverage after the expiration terms referenced above provided that thereafter the retiree assumes payment of the premiums.
D. The Employer shall provide the currently effective optical plan for members of the Police Department to members of the Police Department and their families.
E. Dental Plan - The Employer shall maintain its Delta Dental Service Plan, or equivalent package with orthodontia service.
F. The Borough shall provide a Family Prescription Plan whereby the co-payment shall be Ten Dollars ($10.00) for generic drugs and Fifteen Dollars ($15.00) for brand name. The doctor’s office visit co-payment shall be Fifteen Dollars ($15.00).
G. Effective January 1, 2010, all employees shall be required to make a co-payment of the lesser of 25% or $1,800.00 toward dependent coverage by payroll deductions.
ARTICLE TWENTY-FOUR - INSURANCE
The Employer will indemnify all Employees covered by this Agreement from civil suits arising out of the performance of their duties including but not limited to the followings false arrest, malicious prosecution, libel, slander, defamation of character, privileged occupancy and the invasion of civil rights.
ARTICLE TWENTY-FIVE - BULLETIN BOARD
The employer will supply one 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. All notices on bulletin boards, or memorandums to be posted on this bulletin board, will be first shown to the Chief of Police for his approval. No matter may be posted without receiving permission of the officially designated Association representative.
ARTICLE TWENTY-SIX - CEREMONIAL ACTIVITIES
In the event a Police Officer in another Department in the State of New Jersey is killed in the line of duty, the Employer will permit two (2) uniformed Police Officers for the Department to participate in funeral services for the deceased officer, provided more than one can be spared. The uniformed Police Officers from the Borough shall volunteer to attend the funeral service as a representative of the New Milford Police Department and the Borough shall not be liable for any wages or expenses whatsoever. Subject to the availability of same, the Employer will permit a department vehicle to be utilized by the member in the funeral service.
ARTICLE TWENTY-SEVEN- PERSONNEL FILES
A separate personal history file shall he established and maintained for each Employee covered by this Agreement; personal history files are confidential records and shall be maintained in the office of the Chief of Police. Any member of the Police
Department may, by appointment review his/her personnel file but this appointment for review must be made through the Chief of Police or his/her designated representative. Whenever a written complaint concerning an officer or his actions is to be placed in his personnel file a copy shall be made available to him/her, 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. All personal history files will be carefully maintained and safeguarded permanently, and nothing placed in any file shall be removed therefrom.
ARTICLE TWENTY-EIGHT - MILITARY LEAVE
Military leave for Employees training or serving with the National Guard or the Armed Forces of The United States will be granted in accordance with the laws applying to such cases.
ARTICLE TWENTY-NINE - PENSION
The Employee shall be covered under the Police and Firemen’s Retirement System for The State of New Jersey, as required by law.
ARTICLE THIRTY - GRIEVANCE PROCEDURE
To provide for the expeditious and mutually satisfactory settlement of grievance arising with respect to complaints occurring under this Agreement, the following procedures shall be used. For the purposes of this Agreement, the term ‘Grievance means any complaint, difference or dispute between the Employer and any Employee with respect to the interpretation, application, or violation of any of the provisions of this Agreement or any
applicable rule or regulation concerning a term or condition of employment.
The procedure for settlement of grievances shall be as follows.
In the event that any Employee covered by this Agreement has a grievance, within fifteen (15) working days of the occurrence of the event being grieved, the Employee shall discuss it informally with his/her immediate supervisor The supervisor shall decide the grievance within two (2) working days after the grievance is first presented to him/her.
If no satisfactory resolution of the grievance is reached at Step One, then within fifteen (15) working days the grievance shall be presented in writing to the Chief of Police or his designee. The Chief shall render a decision within five (5) working days after the grievance is first presented to him.
If no satisfactory resolution of the grievance is reached at Step
Two, then within fifteen (15) working days the Association shall request the Borough Clerk to place the grievance on the
Mayor and Council’s agenda together with Copies of all previous correspondence relating to the matter in dispute. The
Mayor and Council may give the Association the opportunity to be heard and will give its decision in writing within fifteen (15) working days of receipt of the written grievance.
If no satisfactory resolution of the grievance is reached at Step Three, the Employee or the Association may refer the matter to PERC for the selection of an Arbitrator. The parties will pay their respective costs for arbitration, and the decision of the arbitrator shall be binding upon the parties.
ARTICLE THIRTY-ONE - SEPARABILITY AND SAVINGS CLAUSE
If any provision of this Agreement or any application of this Agreement to an Employee, member or group of Employees or members is held to be invalid by operation
of law, by any Court, administrative body or other tribunal of competent jurisdiction then the parties agree to reopen negotiations with respect to the impact of such invalid provision consistent with the law relating to negotiations and interest arbitration as set forth in the N.J.S.A. 34.13A et seq: however all other provisions and applications contained herein shall continue in full force and effect, and shall not be affected thereby.
ARTICLE THIRTY-TWO - MILEAGE ALLOWANCE
Whenever an Employee shall be required to use his personal vehicle in any job connected capacity, he shall be entitled to an allowance of twenty-five (.25) cents per mile.
ARTICLE THIRTY-THREE - TELEPHONE
Each employee shall be required to submit his home telephone number to the Department and shall be required to report any change of home telephone number. The Department shall not release the Employee’s home telephone number to anyone without an express and written authorization executed by the Employee.
ARTICLE THIRTY-FOUR - NO WAIVER
Except as otherwise provided in this Agreement the failure to enforce any provision of this Agreement shall not be deemed a waiver thereof The Agreement is not intended and shall not be construed as a waiver of any right or benefit to which the Employees herein are entitled by law.
ARTICLE THIRTY-FIVE - UNIFORM REGULATIONS
ARTICLE THIRTY-SIX - FACILITIES
An Employee may remove his uniform hat while riding in any official patrol vehicle.
All police quarters shall have adequate air conditioning, heating, hot water, sanitary facilities, and reasonably private locker rooms.
ARTICLE THIRTY-SEVEN - SENIORITY
Seniority shall apply to Employees covered by this Agreement. Such principles shall apply to lay off and recall. Employees covered by this Agreement shall be subject to lay off and recall to their position after lay off, by virtue of their seniority. Seniority is defined to mean the accumulated length of service with the Department. Time in service by date of appointment shall apply. An Employee’s length of service shall not be reduced by the time lost due to an illness or injury in the line of duty. An illness or injury in the line of duty must be certified by the Borough physician.
ARTICLE THIRTY-EIGHT - MEAL ALLOWANCE
An Employee who is obligated to go outside of the Borough on official business shall receive a meal allowances of five ($5.00) dollars for breakfast, ten ($10.00) dollars for lunch and twenty ($20.00) dollars for dinner.
ARTICLE THIRTY-NINE - PRIORITY FOR OVERTIME
Overtime will be offered to regular full time officers first, before it is offered to any other person, and said overtime shall be offered pursuant to present practice. All scheduled overtime is subject to approval of the Chief of Police or his designated replacement.
ARTICLE FORTY - REPLACEMENTS
In accordance with present practice no full time Employees covered by this Agreement shall be replaced by any non-police part-time or other personnel except in a non-planned emergency at the discretion of the Chief of Police. No post presently filled by full-time Employee covered by this Agreement shall be covered by any non-police, part-time or other personnel.
ARTICLE FORTY-ONE - OFF DUTY POLICE ACTION
All Police Officers are extended all protection provided under Section 40A:14-152.1 et seq.
ARTICLE FORTY-TWO - MATERNITY LEAVE
Maternity and/or child care leave shall be provided in accordance with the State and Federal Family and Medical Leave requirements. Such leave shall be unpaid.
ARTICLE FORTY-THREE - SAFETY AND HEALTH
The Employer shall at all times attempt to maintain existing working conditions to
insure maximum safety for all Employees.
ARTICLE FORTY-FOUR - CHANGES AND MODIFICATIONS
In the event the appropriate State Pension Board of the Legislature make any modifications to the present Pension law or Rules and Regulations relating thereto which modifications would inure to the benefit of the Employees if they were incorporated herein, such modifications shall be considered as incorporated herein without further action by or between the parties hereto.
ARTICLE FORTY-FIVE - EDUCATION ALLOWANCE
A. In addition to all other payments set forth in this Agreement, each Employee shall receive payment for all college credits earned in courses related to or leading to a Bachelor’s Degree in Police Science or other related law enforcement degree.
B. The above payment shall be Ten ($10.00) Dollars per credit paid annually, which shall be pro-rated and included in The Employee’s periodic paychecks.
C. The above referenced subsection A and B shall apply to individuals who have attained an Associate’s Degree or 60 or more credits of a matriculating Four Year Degree (Bachelor’s Degree).
ARTICLE FORTY-SIX -UNIT MEMBERSHIP
Membership in the Employee organization (PBA Local 83, New Milford Unit), hereinafter in this clause called PBA, is not compulsory. Regular Employees have the right to join, not join, maintain, or drop their membership within the PBA, if they see fit.
Neither party shall exert any pressure on or discriminate against any Employee as regarding such matters. Membership in the PBA is separate, apart, and distinct from the assumption by one member of the equal obligation to the extent that he/she has received equal benefits. The PBA is required under this Agreement to represent all of the Employees in the bargaining unit fairly and equally without regard to PBA membership. The terms of this Agreement have been made for Employees in the bargaining unit and not only for members in the PBA, and this Agreement has been executed by the Employer after it has satisfied itself that the PBA is a proper majority representative.
ARTICLE FORTY-SEVEN - DEPARTMENTAL SAFETY
The Employer shall at all times maintain existing working conditions including police vehicles, to insure maximum safety for all Employees and shall provide Employees with appropriate equipment and devices towards that end.
ARTICLE FORTY EIGHT - SHIFT CHANGES
The Employer agrees that it will not adjust shifts for the purpose of avoiding overtime to Employees covered by this Agreement.
ARTICLE FORTY-NINE - DETECTIVE SQUAD
All persons assigned to the Detective Squad regardless of rank shall receive One Thousand Two Hundred Fifty ($1,250.00) Dollars per annum.
ARTICLE FIFTY - TERMINAL LEAVE
Terminal leave for retiring employees covered under this contract shall be calculated as follows.
Seventy-five percent (75%) of accumulated sick days for entire period of employment which the total is not to exceed 183 working days,
A1. Unused sick leave earned from January 1, 2010 forward shall be paid at the rate earned and not at the rate in effect at the time of retirement. The most recently earned sick leave shall be deemed to be used first.
B. All accumulated and unused holidays earned prior to January 1, 2011 to date of retirement, and
C. All unused vacation days as well as those personal days earned prior to December 31, 2009;
D. For employees, who, during the term of this contract attain 20 or more years of service with the Borough of New Milford, these employees only will receive an additional twenty (20) working days towards terminal leave.
E. In the event an employee submits his/her retirement request at least one (1) year prior to the effective date of said retirement, the clothing allowance holiday pay which would become payable to said employee during the last year of employment shall be included in the employee’s base salary for the- final year of employment. in such case, the employee will surrender and may not utilize any holiday days or ex-offs earned during the one year period preceding retirement. Provided, however, that in the event the employee elects a lump sum payout at any point during the year, he/she shall receive credit in base salary only for those holidays accruing prior to the buyout dates. Holiday days will be included in base salary under this section on December 31 of the calendar year of retirement or on the last date of terminal leave payment to the employee in accordance with this article, whichever is earlier.
F. If an employee submits his/her retirement request prior to October 1st of any given year, the employee can receive a lump sum payment payable by April 15th of the
following year (year of retirement) for all time due in lieu of a protracted terminal leave. The choice between the lump sum payout or the current terminal leave practice shall remain solely with the employee.
G. Any employee retiring during this contract period is subject to the benefits at the time of his/her retirement and is not subject to any major changes or future modifications.
H. The following modifications of the terminal leave benefit contained in this paragraph shall only effect those hired after December 1, 2005. Employees hired after December 1, 2005 shall not continue to accrue time-off benefits during the period of terminal leave should they elect terminal leave instead of a lump sum payment(s) at the end of their career. For said persons noted in this paragraph who work a partial year before beginning terminal leave, then said personal shall receive pro-rated time off benefits for said final year.
ARTICLE FIFTY-ONE - STAND-BY
Any officer directed to be on “Stand-By” by way of subpoena, verbal command, etc., on their designated day off or prior to/upon completion of a scheduled tour (i.e. 3-11 or 11-7) shall be compensated by receiving ½ hour compensatory time, for every hour, in lieu of cash compensation. All subpoenas must be for a specific, designated day(s) and any “blanket” subpoenas shall not be covered. This section shall not apply to any detective who is assigned as the “On-Call Standby” Detective. The “On Call/Standby” detective shall be compensated by receiving one hour compensatory time for every 24 hour period (or part of) on Standby. Any officer receiving compensatory time under this section may hold up to (5) days in reserve for this section only.
ARTICLE FIFTY-TWO - SENIOR OFFICER’S PAY
See terminal leave Article 50.
ARTICLE FIFTY-THREE -TERM OF CONTRACT
A. The term of this Contract shall be from January 1, 2008 through December 31, 2011 or until such time as a successor contract is executed.
B. All benefits and terms or conditions of employment agreed upon between other Parties in this Agreement, which are retroactive shall be paid as soon as practicable.
IN WITNESS WHEREOF, the parties have hereto entered their hand and seals:
BOROUGH OF NEW MILFORD: NEW MILFORD PBA LOCAL 83:
*2011 Base pay is prior to Holiday roll in.
Employees Hired Prior to 01/01/2011
2011 Base With Holidays Rolled in
Raffo, B $117,943
Kiene, J. $117,921
O’Malley, J. $110,255
Ramaci, F. $110,220
Johnson, T. $110,207
Kiene, K. $110,207
Jones, R. $110,122
Littlefield, S. $110,122
Oleskowicz, G. $102,805
Moroney, J. $102,757
Long, B. $102,756
Duby, W. $102,726
Morris, K. $102,726
Wilde, B. $102,686
Marshall, D. $102,678
Clancy, B. $102,647
Haggerty, F. $102,647
LaMorges, D. $102,647
O’Brien, M. $102,647
Petrie, S. $102,647
Pisano, J. $102,647
Trapani, R. $102,647
Wester, K. $102,647
Russino, G. $102,638
Vinci, C. $102,638
Herrero, G. $102,636
DiGenio, N. $102,628
Perez, N. $102,599
An Officer’s Holiday is calculated as follows:
Determine the hourly rate for each individual Officer, multiply that by 8 to determine the daily rate of pay. Hourly rates are determined by taking the base pay and adding it to longevity and college credits. For Detectives, their stipend of $1250 is also added to the base pay. That value is then divided by 1946. Once you have determined the value of each Holiday for an Officer, multiply the value of all Holidays. In accordance with the arbitration award, take that value and multiply it by 75% to determine the value of the Holidays less 25%. Take the final value and add it to 2011 Base after the 3.5% increase. Patrolman 6
Giaccobone Jr., R $ 92,823
Van Saders, K. $ 92,823
Finale, B. $ 84,534
Any Officer listed in Appendix A2 who receives a promotion to the next rank will increase their salary by 7.25% for a promotion to Sergeant and 7% for a promotion to Lieutenant and Captain as per Article Eight – Salaries.
2011 Base with Holidays Rolled In for Employees Hired after01/01/2011
2011 Base After 2011 Base With Holidays
|Patrolman 7||$ 98,493||$102,441|
|Patrolman 6||$ 89,097||$ 92,668|
|Patrolman 5||$ 81,136||$ 84,388|
|Patrolman 4||$ 73,176||$ 76,109|
|Patrolman 3||$ 65,215||$ 67,829|
|Patrolman 2||$ 57,253||$ 59,548|
|Patrolman 1||$ 49,293||$ 51,269|
|Probation||$ 35,125||$ 36,533|
Any Officer hired after January 1st, 2011 will follow this guide.
Any subsequent salary increases in years beyond 2011 will be applied to both appendix A2 and A3.
3) Once a Patrolman listed in Appendix A2 moves up a step, they follow Appendix 3.
Longevity shall be paid as follows:
Three Percent (3%) of base pay after four (4) years of service.
Four percent (4%) of base pay after eight (8) years of services.
Five Percent (5%) of base pay after twelve (12) years of services.
Six percent (6%) of base pay after sixteen (16) years of services.
Eight percent (8%) of base pay after twenty-four (24) years of service
Seven percent (7%) of base pay after twenty (20) years of services.
Employees of the Police Department shall receive vacation on the following bass:
Less than one year of service as of June 1st of any contract year; one day per month of employment not to exceed 10 days.
A. More than one year of service as
of June 1st of any contract year: 10 working days
B. More than five years of service as
C. More than ten years of service as
of June 1st as of any contract year: 15 working days
of June 1st of any contract year: 20 working days
D. More than fifteen years of service as
of June 1st of any contract year: 25 working days