BOROUGH OF ROSELLE PARK
ROSELLE PARK POLICE SUPERVISORS’ GROUP
JANUARY 1, 2003 THROUGH DECEMBER 31, 2005___________________________________________________________
RUDERMAN & GLICKMAN, P.C.
675 Morris Avenue, Suite 100
Springfield, NJ 07081
TABLE OF CONTENTS
ARTICLE 1 – RECOGNITION 2
ARTICLE 2 – MANAGEMENT RIGHTS 3
ARTICLE 3 – EMPLOYER AND POLICE SUPERVISORS GROUP
ARTICLE 4 – GRIEVANCE PROCEDURE 6
ARTICLE 5 – ARBITRATION PROCEDURE 10
ARTICLE 6 – HOURS OF WORK AND OVERTIME 13
ARTICLE 7 – CALL OUT/OVERTIME 17
ARTICLE 8 – SALARIES 18
ARTICLE 9 – MERIT INCENTIVE PROGRAM 20
ARTICLE 10 - CLOTHING AND MAINTENANCE ALLOWANCE 23
ARTICLE 11 - HOSPITAL, MEDICAL, DENTAL AND DRUG
PRESCRIPTION INSURNACE 25
ARTICLE 12 – HOLIDAYS 29
ARTICLE 13 – AUTOMOBILE EXPENSE 30
ARTICLE 14 – PERSONAL DAYS 31
ARTICLE 15 – VACATIONS 32
ARTICLE 16 – SICK LEAVE 34
ARTICLE 17 – “ACTING” POSITION 37
ARTICLE 18 – SENIORITY 38
ARTICLE 19 – RETENTION OF BENEFITS 39
ARTICLE 20 – INSURANCE AND LEGAL REPRESENTATION 41
ARTICLE 21 – BEREAVEMENT LEAVE 44
ARTICLE 22 – BAN ON STRIKES 45
ARTICLE 23 – RULES AND REGULATIONS 46
ARTICLE 24 – MUTUAL EXCHANGE OF SHIFTS 47
ARTICLE 25 – SAVINGS 48
ARTICLE 26 – DISCHARGE 49
ARTICLE 27 – DURATION OF AGREEMENT 50
ARTICLE 28 – FULLY BARGAINED AGREEMENT 51
SALARY “A” SALARY GUIDE 52
THIS AGREEMENT entered into this ____ day of ______________, 2004, between the BOROUGH OF ROSELLE PARK, a municipal corporation of the State of New Jersey, hereinafter referred to as the “Borough” or “Employer” and the ROSELLE PARK POLICE SUPERVISORS GROUP, hereinafter referred to as the “Police Supervisors’ Group” or “Employee”:
W I T N E S S E T H: WHEREAS, the parties have carried on collective bargaining for the purpose of developing a contract covering wages, hours of work, grievances, and other conditions of employment;
NOW, THEREFORE, in consideration of the promises and mutual agreements herein contained, the parties hereto agree with each other in respect to the employees of the employer recognized as being represented by the Police Supervisors’ Group as follows:
The employer hereby recognizes the aforementioned Roselle Park Police Supervisors’ Group as the exclusive representative for all of its Sergeants and Lieutenants in all matters pertaining to rates of pay, hours of work, and other negotiable terms and conditions of employment.
The provisions of this Agreement shall apply to the following employees:
All full-time Sergeants and Lieutenants of the Borough of Roselle Park.
Chief of Police
And all other employees employed by the Borough
It is recognized that the management of the Police Department, the control of its properties and the maintenance of order and efficiency are solely responsibilities of the Borough.
Accordingly, the Borough retains the following rights, except as specifically provided in this Agreement, including but not limited to, selection and direction of the force; to hire; suspend or discharge as provided for by N.J.S.A. 40A:14-147 and any amendment thereto; to assign, promote, demote or transfer; to determine the amount of overtime to be worked; to relieve employees from duty because of lack of work as provided for N.J.S.A. 40A:14-143; to decide on the number and location of facilities; to determine the work to be performed, amount of supervision necessary, equipment, methods, schedules, together with the selection procurement, designment, engineering and the control of equipment and materials; and to purchase services of others, contracts or otherwise; and to otherwise determine the methods, means and personnel by which its operations are to be conducted.
EMPLOYER AND POLICE SUPERVISORS GROUP ACTIVITIES
It is understood and agreed that there shall be no restraint, coercion, interference or discriminations by the Employer or any of its agents, against any employees represented by the Police Supervisors’ Group because of membership therein or the carrying on any lawful Police Supervisors’ Group activities.
It is further understood and agreed that it shall not be just cause for discipline of any employee because such employee engaged in lawful Police Supervisors’ Group activities of any kind.
It is understood and agreed that employees shall not engage in any Police Supervisors’ Group activity during normal working hours. However, the duly authorized representative of the Police Supervisors’ Group shall have the right during normal working hours of the day to consult with the shift commander or officer in charge of the department in the event of a grievance. The President of the Police Supervisors’ Group shall be granted leave from duty with pay to perform the duties of that office within the Borough of Roselle Park for meetings with the permission of the Police Chief, which shall not be unreasonably withheld.
It is the policy of the Employer and the Police Supervisors’ Group that provisions of this Agreement shall be applied to all covered employees without regard to sex, race, color, creed or national origin.
A. Grievance shall be defined as a claim by a police officer or the Police Supervisors’ Group based upon the interpretation, application or alleged violation of this Agreement, which adversely affects the terms and conditions of employment of a police officer or group of police officers, which terms and conditions of employment are governed by this contract.
B. A grievance shall be submitted as set forth in the Agreement within ten (10) working days of the date the Sergeant/Lieutenant of Police Supervisors’ Group knew or should have known of its occurrence. Once a grievance is properly filed, the same shall be processed in accordance with the grievance and arbitration provision of this Agreement. If the grievance is not presented within the aforementioned time period, it shall not thereafter be considered a grievance under this contract.
C. To provide for the expeditious and mutually satisfactory settlement of grievances arising with respect to the interpretation or application of express provisions of this Agreement, the following procedures shall be followed:
A Sergeant or Lieutenant with a grievance shall first file a written statement of grievance and discuss the matter verbally with his/her supervisor with a view to resolving the grievance informally.
If the aggrieved party is not satisfied with the disposition of his/her grievance at Step 1, or if no decision has been rendered within seven (7) working days after presentation of that grievance at Step 1, he/she may file a written grievance with the Chief of Police or, in his/her absence, a representative designated by the Chief of Police. A meeting on the written grievance shall be held within seven (7) working days of the filing of the written grievance between the Chief of Police or his/her designated representative. A decision thereon shall be rendered in writing by the Chief of Police within seven (7) working days after the holding of such meeting.
If the aggrieved party is not satisfied with the disposition of his/her grievance at Step 2, or if no written decision has been rendered within seven (7) working days after the presentation of that grievance at Step 2, the matter may be referred by him/her or the Police Supervisors’ Group to the Police Committee. A meeting on the grievance shall be held between him/her or the Police Supervisors’ Group and the Police Committee within fourteen (14) working days after the grievance is presented to the Committee or as soon thereafter as is practicable, at which meeting the parties may be represented. Said meeting shall not be held publicly. The Police Committee shall render a final written decision within eighteen (18) working days of the date of the meeting.
If the aggrieved party is not satisfied with the disposition of his/her grievance at Step 3, or if no written decision has been rendered within eighteen (18) working days after the presentation of that grievance at Step 3, the matter may be referred by the officer of the Police Supervisors’ Group to the Mayor and Council. A meeting on the grievance shall be held between the officer of Police Supervisors’ Group and the Mayor and Council within fourteen (14) working days after the grievance is presented to the Mayor and Council, or as soon thereafter as is practicable, at which meeting the parties may be represented. Said meeting shall be held in accord with the provisions of the Open Public Meetings Act of the State of New Jersey. The Mayor and Council shall render a final written decision within eighteen (18) working days of the date of the meeting.
If the aggrieved party is not satisfied with the disposition of his/her grievance at Step 4, or if no written decision has been reached within eighteen (18) working days after the presentation of that grievance at Step 4, the matter may be referred by the officer of the Police Supervisors’ Group, to binding grievance arbitration in accordance with the procedures established by the New Jersey Public Employment Relations Commission.
Either party, the Borough or the Police Supervisors’ Group may apply to the New Jersey Public Employment Relations Commission for the appointment of an arbitrator.
The party desiring arbitration must notify the other party in writing of such desire within ten (10) working days after the decision in writing is given under the last step of the Grievance Procedure provided for in this Agreement. In the event the aggrieved party fails to serve said written notice of desire to arbitrate within ten (10) working days of the date of the written decision handed down under the last step of the Grievance Procedure provided for in this Agreement, then the grievance shall be considered as abandoned at the last step of the Grievance Procedure.
After receipt of a desire to arbitrate, the Mayor or his/her designee and the Police Supervisors’ Group or its designee shall attempt to agree on an arbitrator. If the Borough and the Police Supervisors’ Group are unable to agree within seven (7) working days, or within a longer period, of mutually agreed upon, then the Borough or the Police Supervisors’ Group may submit the matter to the New Jersey Public Employment Relations Commission requesting that an impartial arbitrator be selected in accordance with their rules and regulations.
The arbitrator’s authority shall be strictly limited to determining grievances involving the interpretation, application or alleged violation of the specific terms of the Agreement and those existing Borough established practices and work rules which specifically relate to terms and conditions of employment which are incorporated herein by reference under Article 19, Retention of Benefits.
The arbitrator shall not have the power to add to, subtract from, or modify the provisions of this Agreement or the laws of the State. The arbitrator shall not have the power to determine any issue involving any written policies, rules, regulations, orders and ordinances, or any established practices, or procedures of the Borough which relate to inherent managerial prerogatives that are beyond the scope of negotiable terms and conditions of employment.
The arbitrator shall confine himself/herself to the precise issue submitted for arbitration through the steps of the Grievance Procedure and shall have no authority to determine any other issues not so submitted to him/her.
The arbitrator shall be bound by the provisions of this Agreement and by the applicable laws of the State of New Jersey and laws of the United States and decisions of the courts of the State of New Jersey and the United States.
The decision of the arbitrator shall be final and binding on both parties and he/she shall render an award in writing within thirty (30) calendar days after the last day of the hearing; and the arbitrator shall set forth the rational for his/her decision in the award.
The arbitrator’s fee shall be full borne equally by the parties to the Agreement. Any other expenses including but not limited to, witnesses shall be borne by the individual party incurring same.
Any Police Supervisors’ Group employee may be represented at all stages of the arbitration procedures by himself/herself, or, at his/her option, by the Police Supervisors’ Group.
Arbitration hearings and conferences shall be held at the Municipal Building.
HOURS OF WORK AND OVERTIME
Annually, the Chief of Police shall review the schedule in effect at that time to ascertain its effectiveness. If the Borough decides to revert to the 5/2 work schedule at the end of the calendar year, it shall service written notice of its intention to do so on the Police Supervisors at least 90 days prior to the end of the year. If the Police Supervisors object to the notice it shall notify the department and the parties agree to meet and confer in an effort to resolve any disputes concerning the schedule. If the parties are unable to reach an agreement, either party shall have the right to submit the dispute to expedited binding arbitration. Arbitrator Joel Weisblatt shall be designated as arbitrator. If Arbitrator Weisblatt shall be unable or unwilling to serve, the parties shall select another arbitrator in accordance with the grievance arbitration procedures of the Public Employment Relations Commission. The Borough and the Police Supervisors direct the arbitrator to consider the impact of the change to the current work schedule from the prior schedule including, but not limited to its effect on department efficiency and effectiveness, including reduction of overtime, sick time, employee morale, productivity, staffing, training, manpower coverage and the like. The arbitrator’s decision shall be final on the parties. It is specifically understood that Police Chief or his designee shall have the right to adjust the shifts for training, schools or special assignment. It is also understood by the parties, once the employee make their preference for the yearly shifts, the Chief of Police reserves the right reasonably to adjust the shifts to reflect proper balance between inexperienced and experienced officers as well as other legitimate management concerns such as safety and security of the Borough, siblings working together, and personality conflicts. The chief shall not be arbitrary or capricious in such determinations, and such decisions shall be subject to the grievance procedure.
Overtime shall be defined as all work beyond normal tour of duty or all departmental time worked during an employee’s regular days off or time off. Further, employees shall not be permitted to preserve overtime worked (Article 6, Section B-1), by utilizing the Sick Leave conversion policy on either the first day or the last day of their four (4) day tour of duty.
The Borough agrees to minute-for-minute compensation providing the forty (40) hour work week has been adhered to:
0 to 30 minutes – Time and One-half compensatory Time
31 to 60 minutes – Time and One-half Pay for a full hour
After 60 minutes – Time and One-half Pay for each minute of overtime
Whenever an employee is called back to duty during his/her regularly scheduled time off, he/she shall receive time and one-half pay for all minutes worked.
Whenever an employee is required, in the performance of duty, to appear in any court or administrative proceedings, including municipal court during his/her off-duty time, he/she shall receive time and one-half for all minutes worked. This provision excludes any officer subpoenaed by the Police Supervisors’ Group or an officer to appear in court proceedings on behalf of a member of the Police Supervisors’ Group, such as disciplinary action.
Whenever an employee is required to attend training sessions mandated by the State statute or departmental regulation during his/her off-duty time, he/she shall receive time and one-half pay for all minutes worked.
The Chief of Police or his/her designated representative has the authority to hold staff meetings on a monthly basis or at his/her discretion not to exceed twelve (12) per year. The aforesaid meetings are to be held on a rotating basis (or at a mutually agreed time) and attendance at said staff meetings shall be without additional compensation. Should any of the aforementioned meetings exceed one hour, the officer who is off-duty shall receive compensatory time for that time beyond one hour.
In lieu of receiving time and one-half pay for overtime worked, the employee may elect to receive compensatory time off at the time and one-half rate in accordance with Section 3, 4, 5, and 6 hereof. The election for compensatory time, in lieu of cash, must be made at the conclusion of the overtime period worked.
The current call-in procedure will be incorporated in this Agreement. There will be no compensatory time or compensation if an officer is skipped. The officer will be placed at the top of the list for next available overtime or outside detail.
Retroactive to January 1, 2003, all employees covered by this Agreement shall receive a 3.75% increase over their 2002 base salaries.
Effective January 1, 2004, all employees covered by this Agreement shall receive a 3.75% increase over their 2003 base salaries.
Effective January 1, 2005, all employees covered by this Agreement shall receive a 4% increase over their 2004 base salary. Schedule “A” provides pay treatment for 2003, 2004 and 2005.
Payment of Salaries: Officers shall receive their salary on regularly scheduled pay days. However, if an employee is on a day off or vacation day, he/she must be paid either on his/her regularly scheduled pay day or on the day preceding after 3:00 p.m. However, if an officer is on vacation, he/she may receive his/her salary on the last scheduled work day prior to said vacation day, provided a written request for same is submitted to the Chief of Police at least four (4) weeks prior to the aforesaid vacation day.
In addition to the base annual salary provided in Schedule “A” each employee assigned to the Detective Bureau shall receive an additional increment in salary of $1200.00 per annum.
MERIT INCENTIVE PROGRAM
In addition to the annual salary, a merit incentive step payment program is hereby instituted for all members of the Police Supervisors’ Group. Such merit incentive step payment shall be determined according to the following schedule.
For the periods starting January 1, 2003, 2004 and 2005.
Incentive Points Dollar Value Additional
Step Required Per Point Compensation
1st 30 $11.00 $330.00
2nd 45 $11.00 $495.00
3rd 70 $11.00 $770.00
4th 90 $11.00 $990.00
5th 110 $11.00 $1210.00
6th 120 $11.00 $1320.00
7th 140* $11.00 $1540.00*
8th 160* $11.00 $1760.00*
* Must have obtained a minimum of an Associates Degree to qualify for this additional compensation.
The merit incentive points are to be awarded as follows:
1. After January 1, 1980, each class hour at approved course of more than eight (8) hours conducted by State, Federal or other training agencies outside of departmental in-service training programs and initial Recruit Academy Training - 1/15 point.
2. Each full year of service in the department - 1 point. This cannot be counted twice. If credit given under longevity, cannot be applied here.
3. Each approved semester hour credit obtained in a college, technical institute or other institution of higher learning in courses prescribed by the Chief of Police with approval of the Borough Council - 1 point.
4. Qualifying average mark of eighty percent (80%) or above in annual in-service training examinations - 1 point.
5. Recognized hours obtained in correspondence courses prescribed by the Chief of Police with approval of the Borough Council. Points to be assigned each course prior to the commencement of said course. Range from 2 to 6 points.
6. Associates Degree - 15 points.
7. Associates Degree in Police Science - 25 points.
8. Baccalaureate Degree - 35 points.
9. Baccalaureate Degree with Police Field Major - SO points. However, the maximum number of points that can be amassed for any degree or combination of degrees is 50 points.
Points shall accumulate from date of appointment. Points earned during the period January 1 through December 31 are added and applied to the accumulated point total in the succeeding year for any additional compensation due.
Payment of merit incentive compensation shall be included as part of the annual salary for pension calculation and shall not be added to the base salary for payment of overtime. Payment of merit incentive compensation will be made in the regular pay periods.
CLOTHING AND MAINTENANCE ALLOWANCE
Each Sergeant or Lieutenant shall receive an annual clothing maintenance allowance. Upon ratification of this contract, each employee shall be entitled to receive a clothing and maintenance allowance of Six Hundred Twenty-Five ($625.00) Dollars, (Six Hundred Seventy-Five ($675) in 2004 and Seven Hundred Twenty-Five ($725) in 2005).
If an employee has fully expended his/her annual uniform and maintenance allowance for the replacement and maintenance of his/her police equipment and thereafter damages a uniform or a part thereof in the line of duty, the Borough will replace the damaged item or items upon receiving proof that lie/she has expended his/her annual uniform and maintenance allowance.
The Borough will endeavor to make any changes in uniform prior to April 1 of each year. If a change in the uniform is made by the Borough after April 1, the Borough will pay the full cost of said change in addition to the uniform allowance provided in Section 1 hereof.
The employee shall keep receipts of all money expended on clothing and uniforms for the purposes of Section 1 and Section 2 herein and will be required to produce receipts when making application for additional funds for the reasons set forth above.
ARTICLE 11Section 1 - Hospital and Medical Insurance
HOSPITAL, MEDICAL, DENTAL AND DRUG PRESCRIPTION INSURANCE
The Borough shall provide all members of the Police Supervisors’ Group and their families with coverage for hospital and major medical insurance. The Borough shall have the right to substitute a different hospital and major medical insurance carrier provided replacement coverage is substantially similar to that afforded by the current carrier. The Borough shall bear the costs of all premiums for Police Supervisors’ Group and their families during the term of this contract. The deductibles are $200 single, $400 family. Employees who are hired after 7/1/00 shall receive the HMO medical and dental insurance at Borough expense. Those employees who desire indemnity coverage can purchase the indemnity coverage by buying the difference between the appropriate level of indemnity coverage and the corresponding level of HMO coverage.
Section 2 - Retirement Coverage
The Borough of Roselle Park shall pay the full cost of such hospitalization and drug prescription program insurance for a member of the Roselle Park Police Supervisors’ Group upon retirement after twenty- five (25) years of service or when a member of the Roselle Park Police Supervisors’ Group becomes disabled in the line of duty. This coverage shall include the member’s spouse and will remain in effect until the member reaches the age of sixty-five (65) years.
Upon attaining the age of sixty-five (65), the member may continue in the Borough’s hospitalization and drug prescription program providing he/she agrees to make payments to the Borough Treasurer on a quarterly basis, in advance.
This option shall remain open to a retiree at age sixty-five (65) until the last day of the calendar month in which his/her sixty- fifth (65th) birthday occurs. Failure to exercise this option will result in the forfeiture of continuance in the Borough’s Insurance Program.
Section 3 - Dental Plan
The Borough shall provide all Police Supervisors’ Group employees and their families with dental insurance coverage. The Borough shall have the right to substitute a different dental insurance carrier, provided that the replacement coverage is substantially similar to that afforded by the current carrier. The Borough shall bear the costs of all premiums for Police Supervisors’ Group employees and their families during the term of this contract.
Newly hired employees, their wives and children shall not be entitled to the benefits of this dental insurance program until the employee has completed twelve (12) months of service with the Borough Police Department.
Employees shall have the entire first month of the year in which to inform the Borough of a change in their status for this insurance program for the current year.
Section 4 - Drug Prescription Program
The Borough shall provide all Police Supervisors Group officers and their families with coverage under a drug prescription program selected and determined by the Borough. The Borough shall, thereafter, have the right to substitute a different drug prescription carrier, provided that replacement coverage is substantially similar to that afforded by the current carrier. The Borough shall bear the costs of all premiums for Police Supervisors’ Group employees and their families for the term of this contract.
Effective January 1, 2004 the co-pay for drug prescription insurance shall be as follows for all current employees and future retirees:
(a) Mail order (90 day supply $20.00 generic, $30
(b) Generic $10.00
(c) Brand Name $15.00
Effective January 1, 2004 any employee who declines to be enrolled in the medical program shall receive the sum of $5,000 for each year of the agreement in lieu of said coverage.
Each employee shall receive fourteen (14) holidays per year in the following manner:
nine (9) paid holidays at the regular rate of pay – compensated at eight (8) hours;
five (5) holidays to be given as days off.
Request for holidays may be submitted to the Chief of Police for approval three (3) days prior to the holiday. All holidays must be submitted by October 31st. Employees are entitled to two (2) priority holidays per year. Precluded from consideration of “priority holidays” shall be Thanksgiving, Christmas Eve, Christmas Day, New Year’s Eve and New Year’s Day.
All paid holidays shall be included as part of the annual salary for pension calculation and shall not be added to base salary for payment of overtime. Payment of holiday compensation will be made in the regular pay periods.
When an employee uses his/her own motor vehicle on police business, including but not limited to County Court, State Court and Division of Motor Vehicle appearance, he/she shall be reimbursed at the rate of twenty-two cents (22) per mile, plus tolls and parking fees. Receipts for tolls and parking fees will be required. However, if in the discretion of the Chief of Police a municipal vehicle is available for such purposes, it is to be used in lieu of the employee’s private motor vehicle.
A. Each employee shall receive three (3) eight hour personal days per year (twelve hour days for 12 hour personnel). These personal days can be utilized at the discretion of the employee provided there is sufficient manning to cover the employee’s shift. An employee shall be required to give twenty-four (24) hour prior notification to the Borough before taking a personal day. The twenty-four (24) hour advance notification requirement may be waived in cases of emergency. However, documentation may be required by the Borough for approval. If the employee has not used his/her personal days by the end of the calendar year, the Borough shall pay the employee his/her (3) days pay at his/her regular daily rate for an eight (8) hour day regardless of which schedule employee works.
B. Employees hired after 7/1/00 shall receive personal days as follows:
After completion of one year to completion of five years - 1 day
After completion of five years to completion of ten years - 2 days
After completion of ten years forward - 3 days
ARTICLE 15Section 1
Each employee’s anniversary date of employment shall be the basis for determining earned vacation time due for that year.
Each employee shall receive annual vacation leave with pay in accordance with the following schedule, based upon the completion of designated years of employment including probation time:
After Completion of (Academy,Probation Time Included)
1 year of employment 10 working days.
2 and 3 years of employment 14 working days
4 and 5 years of employment 15 working days
6 through 10 years of employment 18 working days
11 through 15 years of employment 22 working days
16 through 19 years of employment 24 working days
20 years of employment and over 25 working days
Employees hired after 7/1/00 shall enjoy the following vacation schedule:
At the completion of one year ten (10) working days
At the completion of two years
To completion of ten years twelve (12) working days
At the completion of ten years
To completion of fifteen years fourteen (14) working
At the completion of fifteen years
To completion of twenty years fifteen (15) working
At the completion of 20
Years forward sixteen (16) working
Employees shall be permitted to split their vacations into periods at their option but with the periods to be approved by the Chief of Police.
All vacations must be submitted by September 30th of each year as per current practice. Up to four vacation days may be converted to compensatory days which can be carried over to following years. Employees must notify Chief of Police or designee in writing by April 1st of their desire to convert days.
A. Each employee with less than one (1) year of full-time service shall be allowed one (1) day of sick leave with pay for every month of employment.
B. Each employee with more than one (1) year of full-time service shall be allowed fifteen (15) days of sick leave with pay per annum. (One hundred twenty hours for 12 hour personnel). An employee may accrue an unlimited number of days of unused sick leave for a confirmed (Doctor’s Certificate) long-term illness or disability. Employees hired after 7/1/00 shall be eligible for 80 hours per year.
C. However, upon retirement, an employee may elect to receive a cash payment equalling one (1) day’s regular base pay for each three (3) days of unused sick leave time, up to a maximum of two hundred (200) days and payout not to exceed $6,000 even though the employee may accrue unused sick leave beyond the maximum of two hundred (200) days.
D. Any Police Supervisor electing the cash payment option provided for in this Article shall notify the Borough Collector-Treasurer of such election by January 1st of the year scheduled for retirement. Employees adhering to the January 1 deadline will be paid unused sick leave time upon retirement from the Borough. Any employee not adhering to the January 1 requirement shall receive payment for unused sick leave on or before February 1 of the succeeding year.
E. Each employee who is absent on account of sickness in excess of two (2) successive working days shall be required to submit to the Borough a written statement from the attending or treating physician verifying the nature and extent of the sickness.
F. The Borough shall have the right at any time to have an employee, who is absent on account of sickness, examined by a physician at the Borough’s expense upon his/her return to work in order to report on his/her condition.
G. Where an employee is to be absent for reasons that entitle him to sick leave, dispatch line shall be notified a minimum of two (2) hours prior to the employee’s starting time except in case of emergency.
(1) Failure to so notify dispatch line prior to employee’s starting time may constitute cause for disciplinary action.
(2) Absence without notice for three (3) consecutive days shall constitute an abandonment of job.
(3) The Borough may require proof of illness of an employee on sick leave, whenever such requirement appears reasonable and warranted under the circumstances.
Employees assigned in an “acting” position or capacity other than their regular position or capacity shall be compensated for such time worked at a rate equivalent to what that rate would be if they were permanently appointed to such a position or capacity, provided such employee works at such position or capacity for two (2) consecutive weeks after being appointed to such position or capacity by the Chief of Police.
For the purpose of this Agreement, “seniority” shall be defined as an employee’s length of continuous and uninterrupted service with the Borough Police Department. Except as otherwise provided herein, seniority shall be utilized with respect to all privileges currently enjoyed by the Police Supervisors Group, including, but not limited to, selection of vacations and selection of days off. Officers shall select their days off by time in grade instead of time with the Borough Police Department.
RETENTION OF BENEFITS
During the term of this Agreement, all terms and conditions of employment, established practices, and all other benefits conferred by ordinance or otherwise, relating to terms and conditions of employment, in existence as of the execution date of this Agreement, but which are not specifically set forth in this Agreement, shall be continued in the same manner at the same level without any alteration or reduction of any kind. However, the Borough retains its unilateral and unfettered authority to alter or amend any of its established practices, procedures, rules or orders which relate to inherent managerial prerogatives that are beyond the scope of mandatorily negotiable terms and conditions of employment, including, but not limited to, those managerial prerogatives as provided and specified in Article 2, Management Rights.
For purposes of this Agreement, the term “established practice relating to terms and conditions of employment” is defined as the Borough’s customary mode of action or method dealing with a term and condition of employment which is not specifically set forth in this Agreement. Due to the absence of a written Agreement, such an established practice, to be binding on the Borough, must be: (1) unequivocal; (2) clearly enunciated, understood, accepted and acted upon; and (3) readily ascertainable over a reasonable period of time as a fixed and consistent mode of action or method of the Borough in dealing with a term and condition of employment.
ARTICLE 20Section 1 - Civil Action
INSURANCE AND LEGAL REPRESENTATION
The Borough agrees to continue to maintain in full force and affect all insurance coverage now provided by the employer for the benefit of and covering employees of the employer and specifically employees who are members of the bargaining unit covered by this Agreement.
The Borough agrees to furnish all necessary legal advice and representation in the defense of civil charges and allegations brought in any legal action against a member of the bargaining unit covered by this Agreement, in accord with the provisions and subject to the limitations as are set forth in N.J.S.A. 4OA: 14-15.5, and shall undertake to defend or arrange for the defense of members of the bargaining unit. In the event of a judgment against a member of the bargaining unit arising out of or incidental to the performance of his/her duty, the Borough agrees to pay for said judgment or arrange for the payment of said judgment.
The Borough reserves the right to determine in what manner legal advice, counsel, representation and defense shall be afforded members of the bargaining unit, including, but not limited to, the providing of necessary liability insurance, and any other form of insurance protection which the Borough may deem necessary and adequate in its discretion.
It is specifically understood between the parties to this Agreement that a judgment of “punitive damages” which may be recovered against a member of the bargaining unit is specifically exempt from the requirement of payment by the Borough and the employee or employees shall be responsible in an individual capacity for the payment of any judgment of “punitive damages” which may be rendered against them by a court of competent jurisdiction.
Section 2 - Criminal. Quasi-Criminal and Disciplinary Actions
The Borough is not required to furnish the means of defense in a disciplinary, criminal, or quasi-criminal proceeding instituted as a result of a complaint on behalf of the Borough against a member of the bargaining unit. If such disciplinary or criminal proceeding instituted by or on complaint of the municipality shall be dismissed or finally determined in favor of the member or officer, he/she shall be reimbursed for the expense of his/her defense.
Section 3 - Reimbursement for Legal Expenses Subsequent to Favorable Determination as to a Member of the Bargaining Unit
In the event that a member of the bargaining unit is charged in a disciplinary, criminal, or quasi-criminal proceeding or complaint, other than by the Borough, which arises out of the performance of police duties and is the proper subject for legal representation pursuant to N.J.S.A. 4OA:14-155 and he/she retains private counsel in his/her defense, it is required that the member’s counsel shall reach an agreement as soon as practicable with the Borough of Roselle Park (Mayor and Council) as to the appropriate and reasonable fees and charges with regard to said defense, which the Borough will agree to reimburse in the event of a final and favorable determination as to the member of the bargaining unit.
The obligation of the Borough to pay reimbursement of legal fees hereunder is limited solely to reasonable attorney fees and charges (not to exceed one hundred and twenty-five dollars [$125.00] per hour).
Nothing contained in this Article shall be construed as to deny any member of the bargaining unit for the full protection and benefits provided for under N.J.S.A. 40:14-155.
The Borough agrees to grant an employee a Bereavement Leave with full pay when a death occurs in the employee’s immediate family. The employee’s immediate family is considered to include: spouse, children, brother, sister, parents, parents-in-law, grandparents, grandparents-in-law, grandchildren, and brother or sister-in-law.
Bereavement leave with pay shall not exceed three (3) consecutive working days.
In all cases, the Borough may request submission of proof.
ARTICLE 22It is recognized that the prevention of crime, the preservation of law and order, and protection of life and property is the responsibility of members of the Police Department, and it is further recognized that the need for continued and uninterrupted operation of the Police Department is of paramount importance to the citizens of the community. Therefore, there shall be no interference with such operation.
BAN ON STRIKES
Adequate procedures having been provided for the equitable settlement of grievances arising out of this Agreement, the parties hereto agree that there shall not be and that the Police Supervisors Group, its member officers, or principals will not engage in, encourage, sanction, or suggest strikes, slowdowns, mass resignations, mass absenteeism, job actions or other suspension of or interference with normal work performance.
The Mayor and Council shall have the right to discipline up to and including suspension and/or removal of any employee in violation of this Article.
RULES AND REGULATIONS
In accordance with the provisions of N.J.S.A. 34: l3A-5.3, the Mayor and Council may establish and provide for the enforcement of binding rules and regulations in connection with the operation of the Police Department and maintenance of discipline, provided such rules and regulations are not in conflict with the negotiable provisions of the Agreement or any applicable law. Copies shall be furnished to the Police Supervisors Group. It is understood that application of this Agreement shall not in any way hamper enforcement of existing departmental rules and regulations.
MUTUAL EXCHANGE OF SHIFTS
Upon mutual agreement, any individual officer may request to exchange his/her normal work shift, or portion thereof, with that of another officer, provided written notice is given to the Chief of Police or his/her designee no later than twenty-four (24) hours prior to the commencement of the shift to be exchanged, subject to the prior approval of the Chief or his/her designee, and provided that there is no additional cost to the Borough as a result of the exchange of shifts, provided that the exchange of shifts does not significantly impair the ability of the Borough to maintain adequate police protection and/or adequate supervision of the shift, and further provided that there is no overload of the administrative functions necessary to implement the exchange of this shift. The request for the mutual exchange of shifts shall not be unreasonably denied.
In an emergency situation, the twenty-four (24) hour notice requirement shall not be applicable.
In the event that any Federal or State Legislation, Governmental Regulation or County Court Decision causes invalidation of any Article or Section of this Agreement, all other Articles and Sections not so invalidated shall remain in full force and effect, and the parties may renegotiate concerning any such invalidated provisions caused by Federal or State, Judicial or Administrative Agency decisions of competent jurisdiction.
ARTICLE 26A. The Borough retains the right to remove employees for just cause or reason. The Borough agrees to advise the Police Supervisors’ Group of any such removal and the reasons therefore. Just cause or reason shall include, but not be limited to: incapacity, misconduct or disobedience of rules and regulations established by the Borough for the operation of its Police Department.
B. The Borough will follow the procedures for removal and suspension of Police Officers as set for in N.J.S.A. 40A: 14-147.
DURATION OF AGREEMENT
This Agreement shall be in effect from January 1, 2003, until December 31, 2005, or the date on which a new contract is executed, whichever occurs later.
ROSELLE PARK POLICE BOROUGH OF ROSELLE PARK
FULLY BARGAINED AGREEMENT
This Agreement represents and incorporates the complete and final understanding and settlement by the parties of all bargainable issues which were or could have been the subject of negotiations. During the term of this Agreement, neither party will be required to renegotiate with respect to any such matter covered by this Agreement
SALARY GUIDE FOR 2003, 2004, 2005
POLICE SUPERVISORS’ SALARIES
In accordance with Article 8, Sections 3 and 6, Base Salary Schedule for Roselle Park Police Supervisors’ Group is as follows:
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written.