COLLECTIVE BARGAINING AGREEMENT
BETWEEN
DEPTFORD TOWNSHIP
AND
SUPERIOR OFFICERS ASSOCIATION OF PBA LOCAL NO. 122

	TABLE OF CONTENTS
ARTICLE	SUBJECT	PAGE
I	RECOGNITION	1
II	CONTRACT PERIOD	1
III	GRIEVANCE	1
IV	HOURS OF WORK	5
V	PAY FOR TIME IN COURT	6
VI	CLEANING AND MAINTENANCE	7
VII	CLOTHING ALLOTMENT	8
VIII	VACATION	9
IX	PENSION/ACCUMULATED SICK DAYS &	11
	VACATION
X	ADDITIONAL EMPLOYEE BENEFITS	12
XI	PAYMENT FOR STANDBY SUBPOENAS	12
XII	BEREAVEMENT LEAVE	1.3
XIII	TRAVEL EXPENSES	13
XIV	SERVICE RECORDS	14
XV	TRAINING TIME	14
XVI	COLLEGE CREDITS	15
XVII	HOLIDAYS	18
XVIII	PERSONAL DAYS	18
XIX	COMPENSATION	18
XX	LONGEVITY	20
	i
XXI	OVERTIME	20
XXII	COMP TIME AND ADDITIONAL STIPEND	22
	FOR DETECTIVES
XXIII	MILITARY LEAVE	22
XXIV	OTHER PROVISIONS	23
XXV	FAIR PRACTICES	26
XXVI	WORK CONTINUITY	26
XXVII	MANAGEMENT RIGHTS	26
XXVIII	FULLY-BARGAINED PROVISIONS	27
XXIX	SEPARABILITY AND SAVINGS	27
XXX	CONTINUATION AND CONSTRUCTION OF	27
	THE AGREEMENT

WHEREAS, the Township of Deptford, a Municipal Corporation with offices at 1011

"Township"), and the employees of the Deptford Township Police Department, Superior Officers

Association, PBA Local 122 (hereinafter referred to as the "SOA') comprising the positions of

Superior Officers hereinafter referred to as "Department," are desirous of entering into an agreement

establishing salaries, benefits and enumeration of other terms and conditions of employment to be

effective January 1, 2008 through December 31, 2010.

ARTICLE I RECOGNITION

The Township agrees to recognize the SOA as the sole and exclusive collective bargaining

(A) Captains

(B) Lieutenants

(C) Sergeants

This agreement shall be effective as of January 1, 2008 for a period of three years expiring

rate of compensation and all other terms and conditions herein for the next issuing contract shall be

commenced no sooner than July 1^st but no later than November 1^st 2010.

ARTICLE III GRIEVANCE PROCEDURE

F or the purpose of this agreement, a grievance is defined as a dispute between the employer

I

Any employee who believes he/she has a grievance shall discuss it first with the next ranking superior of his/her particular shift in an attempt to resolve the matter informally at that level, except that any grievance concerning salary or overtime shall be submitted in writing directly to the Chief of Police, a copy of the grievance to be filed with the Township Manager, at which time, Step 4 of this grievance procedure shall immediately apply
STEP 2:

If as a result of this discussion the matter is not resolved to the satisfaction of the employee, or if there is no higher ranking superior on his/her shift, he/she shall set forth his/her grievance in writing no later than seven (7) working days of the date of the occurrence of the events giving rise thereto or when they knew 01 should have known and present it to the Lieutenant of his/her respective shift, specifying:
(A) The specific nature of the grievance and the contract clause violated, if applicable
(B) The results of the previous discussion at Step 1
(C) The date and time of the presentation.

TOWNSHIP MANAGER

If the grievance remains unresolved to the employee's satisfaction at Step 2, no later than seven (7) business days after receipt of the decision of the Chief of Police the employee may request in writing a review by the Township Manager or the Township Manager's designee All previous documents shall be submitted to the Manager with such request for review and he shall render a decision in writing, no later than ten (10) business days after receipt of the grievance The Manager may, if he so desires, indicate a designee to hear and resolve such grievance within the ten (10) business day period outlined above.
STEP 4:

(A) In the event that the aggrieved employee is dissatisfied with the determination of the
Township Manager and/or his/her designee, he/she shall have the right to have the dispute arbitrated in accordance with the Rules of the New Jersey Public Employee Relation Commission The aggrieved employee shall request such at arbitration no later than fifteen (15) business days after the decision of the Township Manager of his/her designee is receive by him. A copy of the request for arbitration shall be served on the Township Manager at the time of filing by the employee of his/her

3

4
B. OTHER PROVISIONS RELATING TO THE GRIEVANCE PROCEDURE

deemed to be a negative response upon the expiration of the applicable time limits and the grievance

may proceed to the next step in the procedures

2. "Group Grievances" shall be defined as those affecting substantially all the members

of the SOA which shall be filed by the SOA and the SOA only at Step 3, except those matters

relating to salary and overtime which shall be filed directly with the Chief of Police. The SOA

through its designated representative; s), shall be entitled to pursue the grievance in the same manner

and subject to the same limitations provided and applicable to any employee through the grievance

procedure established herein

3. The Township reserves the right to file a written grievance on its behalf with the

Executive Board of the SOA which shall conduct a conference with the representative(s) of the

Township within ten (10) business days of the filing of the grievance, and which shall render a

determination within ten (10) days of said conference.

4. All officers are entitled to be represented at disciplinary hearings by an SOA

representative and SOA attorney from the legal defense plan

5. Time frames listed above can be waived by mutual agreement and consent of both

Parties.

ARTICLE IV HOURS OF WORK

1. The standard hours of employment for all employees covered by this agreement shall

not exceed two thousand eighty (2,080) hours per year, calculated on a per annum basis, forty (40)

hours per week, pursuant to the Fair Labor Standards Act (FLSA) All employees covered under

5

Police. At the conclusion of a shift, in the event that overtime is applicable, the employee shall

submit an overtime slip for the Chief s approval.

2 The Chief of Police may not modify the existing work schedule, except as listed in

paragraph 3 below, but in no event shall any employee be required to change their work schedule

to work a steady shift, other than day work

3. Employees covered under this agreement will not have their shift altered in

accordance with paragraph two (2) above, unless the Chief of Police designates an emergency in

accordance with the provisions of Township of Deptford Code §2-20.6, in effect at the signing of

this agreement, regarding temporary change.

ARTICLE V
PAY FOR TIME IN COURT

(A) Each employee required to testify 01 appear in any court not during his/her regular

compensated for each court appearance at a minimum of two (2) hours of time calculated at time

and a half In the event that an employee is required to testify 01 appear for a time exceeding the

initial two (2) hour period, he/she will be compensated at overtime rates, subject to procedures put

in place by management to monitor the use of court time by the unit. Except as specified above, this

provision shall have no affect on Article XXI, entitled Overtime.

(B) For the purpose of the application of the term "Court Appearance" as it is used in

courts.

6
(C) All payments for court appearances shall be included in the paycheck covering that pay

appear in any court involving civil litigation unless it is job related.

seven hundred ($1,700.00) dollars annually for 2008 for the purposes of cleaning and maintaining

uniforms. Effective January 1, 2009, the cleaning and maintenance amount will be $1,400.00

annually, paid in two equal installments, with the first payment of $700.00 on January 5^th and the

second payment of $700.00 on July l^st of each calendar year during the term of this agreement.

2. An employee covered under this agreement leaving employment from the Township

for any reason, including retirement for non-work connected disability and terminal leave shall not

be entitled to receive cleaning and maintenance reimbursement prorated to the last day the employee

is on duty or in service. An employee on a work connected disability will be reviewed on a monthly

basis for his/her ability to return to work.

3. The total cleaning and maintenance allowances, in this Article shall be paid to the

employee without the necessity of presentation of any bills or receipts for cleaning, tailoring or

alteration.

4. The Detective's Superior cleaning and maintenance allowance shall be one thousand

seven hundred ($1,700.00) dollars per annum in 2008, and one thousand five hundred ($1,500.00)

dollars per annum, in 2009 and thereafter, paid in accordance with paragraph #1 above.

7

1. The Township agrees that it shall budget a maximum of one thousand ($1,000.00)

dollars per contract year, for the purpose of obtaining or replacing those articles of clothing 01

equipment that comprise the employee's uniform including footwear as hereinafter defined

excluding the employee's service weapon.

2. The Township agrees that it shall advertise for bid those articles of clothing or

equipment required no later than May 1^st of each contract year The Township agrees that in its

soliciting for bid that it shall include a provision requiring the successful bidder to permit any

eligible employee to secure or replace any "summer" clothing item on or before May 1^st and any

"winter" item on or before November 1^st of any contract year.

3 All employee requests for uniform parts thereof or any other item required shall be

submitted to the Chief of Police on a "clothing request form," the form to be prepared by the

Township. At the time the clothing or item request is submitted, the employee shall turn in the item

sought to be replaced, unless that item is required to be utilized pending replacement In that event,

the item shall be turned in or exchanged at the time the replacement is received. No replacement

item shall be ordered unless the request form is duly signed by the employee and approved by the

Chief of Police. The Chief of Police shall not unreasonably withhold any such approval.

4. The cost of the basic issue or uniforms and equipment for any new employee hired

after the signing of this agreement shall be borne by the Township. Basic issue shall be deemed to

include such articles as set forth in Exhibit A entitled and made part of this agreement.

5. Requirements for Replacement of Equipment and Uniforms:

8
Before any employee shall be entitled to the replacement of any equipment or items of

and replacement approval. Employees shall not seek any replacement of equipment or uniform until

such time as the old item or equipment is turned in to the administrative division

6. Any bullet proof vests purchased by the Township with Township funds shall be a

mandatory part of the uniform Bulletproof vests will be replaced as needed for all officers at

Township expense.

pay in accordance with the following schedule:

(a) Employees having over six (6) months of service but less than one (I) year will

receive five (5) days.

(12) days.

(15) days.

receive twenty (20) days.

receive twenty-five (25) days.

(30) days vacation.
9

4. A "vacation day" shall be construed to mean one (1) working day and shall not
include those which he/she otherwise would normally have off during the course of my given work week.

5. Carry-Over Payment for Vacation: During any service year an employee may request
that vacation accrued during the service year is carried over to the following service year only, or that he/she be paid in whole or in part for the accrued vacation This request shall be made to the Chief of Police in writing by the employee on or before the thirteenth day prior to the employee's anniversary date.
The Chief of Police shall have the option to make payment in whole or in part for the accrued vacation time or direct that the employee's accrued vacation time be carried over, in whole or part, to the following service year It is the express intention of this agreement that there shall not be accumulated in my given service year more than two (2) years of annual entitlement by an employee, not to exceed sixty (60) days.

10
ARTICLE IX PENSION/ACCUMULATED SICK DAYS AND VACATION

hereafter accrued under New Jersey State Laws, Rules & Regulations including the New Jersey

Administrative Code and PFRS.

2. Employees covered under this agreement upon leaving their employment with the

Township for any reason, including retirement for a non work related disability or for any reason,

shall be paid 100% for all accumulated vacation and other compensation and shall be paid sixty-five

per cent (65%) of sick days accrued as of time of separation.

3. Accumulated sick leave shall be paid out over three equal annual installments such

compensation shall be based on 75% of accumulated sick leave and shall be paid on 01 about July

1 of each year.

4 If an employee elects to take his/her accumulated sick days as terminal leave he/she

shall be compensated [01 70% of their sick days not to exceed 261 days. The remainder shall be

paid at 65% lump sum.

During terminal leave the employee shall not accrue nor be entitled to any other benefits

per week.

5. Sick leave pay shall not accrue to any employee dismissed by the Township for

cause Said payments shall be computed at the rate of pay at the time of the employee's retirement

01 separation based on his/her base annual compensation.

6. To be eligible to receive the percentage of accumulated sick leave, as hereinafter

defined, any employee intending to retire or separate for reasons other than disability shall notify

11

Such notice provision shall not apply to any employee who, because of emergency or other

circumstances not reasonable foreseeable, cannot tender the required notice, so long as that

employee shall, upon determination that separation OI retirement is required, give immediate notice

to the Chief of Police, together with reasons why the thirty (30) days notice has not been given.

7. In the event of any employee's death, his/her estate or legal representative shall be

paid for all accumulated vacation leave, compensatory time and that percentage of sick leave pay

accrued pursuant to the terms of this agreement at the employee's rate of pay at the time of his/her

death.

Any employee completing six (6) months of service uninterrupted by sick leave, shall be

The six month period as defined herein shall commence January 1^st and end on June 30^th of the given

contract year. The second six month period, for the purposes of this provision, shall run July 1^st

through December 31^st of the contract year.

ARTICLE XI
PAYMENT FOR STAND-BY SUBPOENAS
Each employee noticed to stand-by (pursuant to stand-by subpoena) for the purpose of

resulting out of the performance of his/her duties, and thereafter not called to testify or appear during

that day, shall be compensated for this stand-by subpoena at the rate of twenty five dollars ($2500)

per stand-by subpoena. Number of stand-by subpoenas are unlimited. Said payment for the stand-by

12

made to any employee required to "stand-by" in any court involving civil litigation unless it is job

related.

ARTICLE XII BEREAVEMENT LEAVE

1. If leave is requested because of a death of any employee's spouse, domestic partner,

children or step-children, mother, or father or current step-parents, the first five (5) days of that leave

shall not be deducted from any employee's accumulated sick leave; and likewise, if leave is required

because of any death of any employee's brother, sister, or grandparents, the first three (3) days of

that leave shall not be deducted from an employee's accumulated sick leave For all other relatives,

two (2) days from accumulated sick leave.

2 Commencement of First Day of Leave: The first day of bereavement leave as set

forth in Paragraph I of this Article, shall commence on the day following the date of death and

terminate on the third (3'd) or fifth (5^th) day thereafter (whichever is applicable) whether or not the

time period of leave granted occurred during that period of time in which the employee is off from

work.

In connection with their official duties, employees shall be reimbursed at the rate of thirty

be reimbursed for all other travel expenses incurred in connection with said official duties Lodging

expenses shall be borne by the Township should employee's travel, for official duties, require more

than one hundred eighty (180) miles round trip. A thirty dollar ($30.00) per day meal allowance

13

or course of study or other prior-approved police activity, provided however, that payment shall only

be made upon production of a receipt of that meal. The meal reimbursement shall be made to the

employee in the next pay period following the period of entitlement.

ARTICLE SERVICE RECORDS

Employees covered by this agreement shall be entitled to inspect their service records upon

additions, either positive or negative in nature, related to the performance of his/her duty are made

to his/her personal file.

ARTICLE XV TRAINING TIME

Employees will participate in training at a place designated by the Chief of Police. The

the same extent that the employees was called in to work that day Any hours worked in excess of

2080 annual hours or 40 hours per week will be paid at time and a half. Training time will not

accumulate year to year.

Training time is not to be interpreted as included that time spent by the superior officers with

an individual employee, but is intended to encompass instruction and training required by the Police

Department as a whole or sections thereof.

14

1. Employees of the Police Department enrolled in an accredited college or community

college will receive the sum of four hundred dollars ($400.00) which sum may be utilized towards

payment of tuition and/or purchase of books for each semester Effective January 1, 2010,

employees enrolled in an accredited college or community college will receive tuition

reimbursement of up to one (1) course per semester at the Rutgers University in-state commuter rate,

which sum may be utilized towards payment of tuition and/or purchase of books for each semester

Payment shall be subject to the following condition:

(A) Notification to the Chief of Police of the place of instruction and the intended

courses shall be given at or before the time the employee enrolls for said coursers).

in police science or criminal justice.

regular work schedule.

submitted course(s).

the event that an employee seeking payment for approved college credits shall be reimbursed for

such tuition or be compensated in any other manner from any other source, governmental 01

otherwise, the employee shall only be reimbursed to the extent that the other payments are less than

the amount to be received from the Township, in which event the employee shall receive the

difference between the amount received from the Township and the amount received from those

15

whether or not the credits are in the major field of or free electives.

credits accumulated.

16

17
Township or had paid on his/her behalf by the Township during that fiscal year, any

tuition payments, shall be required to reimburse the Township for such tuition

payment(s).

All employees as of January 1, 2005 will have 104 hours of holiday pay built into their

working any holidays in the future.

In addition to the aforesaid holidays, each employee during any calendar year shall be

shall be required to give reasonable notice to the Chief of Police as to the "Personal Day" he wishes

to take. Approval of such request shall not be unduly or unreasonable withheld unless it can be

demonstrated that the granting of such "Personal Day" will unduly interfere 01 hamper the

operations of the Police Department. In the event that his Personal Day allotment is not used by the

end of the calendar year in which it is provided, the employee shall forfeit the time. Employees shall

be entitled to sell back one (1) personal day if it is not used by the end of the calendar year.

Salary rates shall be increased annually 3.50% across-the board each year of the contract,

this agreement shall be in accordance with the salary guide below.

19

Employees shall be entitled to an additional percentage per annum of their yearly base pay,

will be included in the biweekly base pay compensation.

5^th year of service Two percent (2%) 6^th year of service Three percent (3%) 7^th year of service Four percent (4%) 8^th year of service Five percent (5%) 9^th year of service Six percent (6%) 10^th year of service Seven percent (7%) 15^th year of service Nine percent (9%) 20^th year of service Eleven percent (11%)

In the event that any service is attained, or changes, during the course of any calendar year,

calendar year.

"Year of Service" shall be defined as an employee's anniversary date of employment.

of one and one-half (1½ ) times their base salary calculated on a per hour basis.

B. Overtime shall not include that period of time required to each employee to report

prior to his shift (e.g. ten minutes prior to the beginning of a shift). Overtime shall not include a

period of time, which shall not exceed fifteen (15) minutes, needed to complete, review, or correct

reports in the normal course of employment.

Overtime shall not be paid unless approved in advance or requested by either the Chief of

20

Likewise, the Chief of Police, or any Lieutenant in charge, or the Lieutenant's designee not to preclude minimum platooning SOP., may request any employee covered by this agreement to work overtime When requested by any authorized per son of the Township, no employee shall refuse to work overtime when physically able or just cause exists as determined by the supervising officer.

Notwithstanding any of the aforesaid provisions, any employee may request the Chief of Police to receive "compensatory leave" in lieu of overtime, which "compensatory leave" shall be calculated on an hour and one-half for hour worked basis. The grant of "compensatory leave" shall be at the sole discretion of the Chief of Police If at the end of any calendar year an employee has accrued "compensatory leave", the Chief of Police may, at his discretion, either carry over the employee's "compensatory leave" to the following calendar year or compensate the employee for the accumulated "compensatory leave" at the overtime hourly rate. However, "compensatory leave" accrued during any calendar year may not be carried over for more than one (I) additional year.
C Lieutenants and Captains covered under this agreement will no longer receive
overtime as outlined above However, these employees will be able to receive compensatory time, earned on an hour for hour basis. This applies only to hours worked in excess of eight (8) daily or

21

or within sixty (60) days of the time it was earned In the event that the compensatory time listed

here is not used within the sixty (60) day period it will expire.

ARTICLE XXII
COMP TIME AND ADDITIONAL STIPEND FOR DETECTIVES

A Detective, when required to be "on call" duty status, is to be compensated at the rate of

Detective "on call" from 12 midnight Saturday to 8 AM Monday, a total of 32 hours, would receive

eight (8) hours of compensatory time.

In addition, Detectives shall receive a lump sum stipend of seven hundred ($700.00) dollars

increased to one thousand ($1,000 00) dollars annually. This lump sum payment shall be prorated

to the extent that an employee has worked less than twelve (12) months as a Detective during a

calendar year.

ARTICLE XXIII MILITARY LEAVE

1. Military leave shall be granted in accordance with Department of Personnel

Regulations and State statutes unless otherwise defined in this Article

2. Members of the Reserve components shall receive the same benefits as applied to

National Guard in accordance with Paragraph 1.

3. Any employee who is a member of the National Guard or any United States Military

component, required to attend a weekend drill (Saturday, Sunday, or both) shall notify the Chief of

Police at least seventy-two (72) hours in advance of that drill. Any employee providing the

22

be scheduled), but instead, shall be given the opportunity to make up the time on that employee's

day(s) off pursuant to past practices of the Police Department Accordingly, if the employee makes

the time up, he/she shall be paid in accordance with his/her regular rate of pay. If the time OI day

is not made up the employee shall not be paid for the time missed during his normally scheduled

work week or work day as a result of his/her Guard or Reserve duty.

4. If more than fifteen percent (15%) of employees covered by this agreement belong

to Reserve and National Guard Units and if in the opinion of the Chief of Police appropriate

numbers of employees are not regularly available to maintain adequate staffing due to Reserve and

National Guard duty, then the parties hereto may be required at the option of the Chief of Police to

negotiate this Article for the purpose of obtaining appropriate patrol coverage.

ARTICLE XXIV OTHER PROVISIONS

(A) Hospitalization and other benefits presently accrued shall be continued in full affect

presently existing policy When an employee retires after twenty-five (25) years of service in PFRS,

the Township will continue to provide for his/her health insurance and prescription, including spouse

and eligible family members, at no cost to the employee Any modifications or additions of

hospitalization and other related benefits generally extended to other employees shall be extended

to the employees of the Police Department.

1. Effective April 1, 2010, unit employees shall contribute the following amounts for

health insurance premiums, applicable to all provider programs:

Single coverage

Parent/child coverage
Family or employee/spouse coverage

These contributions shall be made on a pre-tax basis pursuant to an IRS Section 125 salary

opted-out of coverage.

2 Effective January 1, 2010, there shall be established an opt-out program for those

employees who choose to withdraw from the health insurance program offered by the Township ..

Proof of alternate coverage must be provided. The employee exercising this option shall be paid the

sum of two thousand ($2,000.00) dollars per year, paid monthly, not to be added to the base salary

Should the employee cease to have alternate insurance coverage, the employee shall opt back into

a unit health care plan, ceasing the opt -out payments Reinstatement shall occur once the employee

has provided adequate documentation of the involuntary termination of the alternate medical

insurance coverage.

(B) Sick leave shall be administered in the manner established by the Deptford Township

1967, revised in 1971. Additionally, the last year of employment shall be prorated to the date of

separation.

(C) All existing medical and prescription plans shall remain in effect for duration of the

(D) (1) The employer agrees to grant time off without loss of pay to any employees

designated by the SOA to attend the annual PBA State and National Conventions, not to exceed one

(I) calendar week for each convention; provided that a one (1) week written notice be given to the

Chief of Police by the SOA as to the employees selected as convention delegates. Only one (1)

24

25

The Department, and all employees covered by this agreement herein, agree to continue to

basis of race, creed, color, natural origin, sex, marital status, age or draft status.

The Department and employees covered by this agreement agree that for the life of this

there be any individual action for the purpose of inducing employees to engage in such prohibited

activities.

ARTICLE XXVII
MANAGEMENT RIGHTS
It is the intention of the parties hereto that all rights, power, prerogatives and authority which

except for those which are specifically abridged 01 modified by this agreement. Such abridgement

or modification shall be to the extent specifically set forth in this agreement. Such abridgements of

"personnel policies" not specifically defined herein shall be as delineated in the Personnel Ordinance

and, if not set forth herein, shall be administered in accordance with past practices of the Police

Department.

26
ARTICLE XXVIII
FULLY-BARGAINED PROVISIONS
The parties agree that they have fully bargained and agreed upon all terms and conditions

understanding and settlement by the parties of all bargaining negotiations.

If any provision of this agreement should be held invalid by operation of law or any tribunal

if compliance with enforcement of any provision should be restrained by such tribunal pending a

final determination as to its validity, such provisions shall be inoperative but all other provisions

shall not be affected thereby and shall continue in full force and effect.

This agreement shall remain in full force and effect until a new agreement is signed. F or the

and no presumption shall attach in favor or against either party.

27

IN WITNESS WHEREOF, The parties hereto have set their hands and respective seals this