Contract Between
Randolph Tp-Morris
- and -
FOP Lodge 25 (Superiors)
* * *
01/01/2004 thru 12/31/2007


CategoryMunicipal
UnitPolice Superior Officers

Contract Text Below
13

A G R E E M E N T



Between:




Township of Randolph

MORRIS COUNTY, NEW JERSEY









AND










LODGE #25

THE FRATERNAL ORDER OF POLICE

SUPERVISORY OFFICERS INCLUDING, LIEUTENANTS AND SERGEANTS




JANUARY 1, 2004 THROUGH DECEMBER 31, 2007


Amended 12-05








                                INDEX
  Article                                                       Page

            PREAMBLE..........................................     3

     I      RECOGNITION.......................................     4

    II      MANAGEMENT RIGHTS.................................     5

   III      LODGE RIGHTS......................................     6

    IV      EQUAL EMPLOYMENT OPPORTUNITY POLICY...............     8

     V      WORK WEEK ........................................     9

    VI      HOLIDAYS..........................................    11

   VII      VACATIONS.........................................    12

  VIII      SICK AND BEREAVEMENT LEAVE........................    13

    IX      WORK INCURRED INJURY..............................    16

     X      SALARIES..........................................    18

    XI      POLICE SCHOOL.....................................    19

   XII      CLOTHING ALLOWANCE................................    20

  XIII      INSURANCE.........................................    21

   XIV      HOSPITALIZATION AFTER DISABILITY..................    23

    XV      NO-STRIKE PLEDGE..................................    24

   XVI      LONGEVITY.........................................    25

  XVII      TRAVEL ALLOWANCE .................................    26

 XVIII      COLLEGE CREDITS & COLLEGE DEGREE .................    27

   XIX      GRIEVANCE PROCEDURE...............................    29

    XX      SEPARABILITY AND SAVINGS..........................    32

   XXI      WORK IN HIGHER RANK...............................    33

  XXII      TERMS OF AGREEMENT................................    34

            SCHEDULES A & B....................................   35






                                    PREAMBLE





     This AGREEMENT entered into this 1st day of May 2005 by and

between the  TOWNSHIP OF RANDOLPH, in the County of Morris, New Jersey,

a Municipal Corporation of the State of New Jersey, hereinafter called

the "Township", and LODGE #25,  THE FRATERNAL ORDER OF POLICE, herein-

after called the "Lodge".



































                                   ARTICLE I

                                  RECOGNITION






     The Township hereby recognizes the Lodge as the exclusive collective

negotiations agent for Supervisory Officers employed in the Police Department of

the Township.

     











 




























ARTICLE II

                                               
MANAGEMENT RIGHTS




     A.  The Township hereby retains and reserves unto itself, without

limitations, all powers, rights, authority, duties and responsibilities

conferred upon and vested in it prior to the signing of this Agreement by

the laws and Constitution of the State of New Jersey and of the United

States, including, but without limiting the generality of the foregoing,

the following rights:

         l.  To the executive management and administrative control of

the Township Government and its properties and facilities and the

activities of its employees;

         2.  To hire all employees subject to the provisions of law, to

determine their qualifications and conditions for continued employment or

assignment and to promote and transfer employees;

         3.  To suspend, demote, discharge or take other disciplinary

action for good and just cause according to law.

     B.  Nothing contained herein shall be construed to deny or restrict

the Township of its powers, rights, authority, duties and

responsibilities under R.S. 40 and R.S. ll or any other National, State,

County or Local laws or ordinances.





                                  ARTICLE III

                                 LODGE RIGHTS


     A.  The Township agrees to grant time off, as provided by State

Statute,  to any employee designated by the Lodge to attend State and

international meetings or conventions, provided seventy-two (72) hours

written notice is given to the Chief of the Department by the Lodge.  No

more than two (2) employees from both units, that is, a total of two (2),

shall be granted time off at any one time, unless an employee of the

Township of Randolph is elected as an officer in the State and/or

National organization.  In such cases, one such elected State-wide

officer may be granted time off in addition to the two (2)

representatives stated above.  In addition, one other member from both

units, that is, a total of one, shall be granted time off under the

provisions of this paragraph to attend the annual meeting of the National

Lodge of the Fraternal Order of Police.


     B.  During Collective Negotiations, authorized Lodge

Representatives, not to exceed three (3), including the President of the

Lodge, shall be excused from their work duties to participate in

collective negotiations sessions which may be mutually scheduled to take

place during their regularly scheduled work time, and shall suffer no

loss of regular pay thereby, however, other off-duty officers may participate

in such negotiations.

     C.  The Township agrees that the F.O.P. shall have the right through

a three (3) officer committee including the President of the Lodge, to make

recommendations and suggestions in connection with the revision of the

present Police Department Rules and Regulations.  The impact of such

revision of rules on working conditions, if any, shall be negotiated with

the F.O.P.

                               
      D.  The Township agrees that in the event that disciplinary action is

taken in the form of formal, filed charges against any officer, said

officer shall be permitted to have his personal attorney, the Lodge

Attorney and/or the Lodge President present at such formal proceedings,

provided that all costs for such persons shall be borne soley by the

Officer and/or the Lodge.


























                                 









                                 ARTICLE IV

                     EQUAL EMPLOYMENT OPPORTUNITY POLICY



     A.  It is mutually agreed that there shall be no discrimination

because of race, color, religion, sex, age, marital status, national

origin, or physical disability unless based upon a bona fide job

requirement.  Lodge and Township representatives shall work cooperatively

to assure the achievement of equal employment opportunities.  Any

employee who fails to cooperate to this end shall be subject to

disciplinary action.  Furthermore, employees who feel they have been

discriminated against shall be encouraged to use the grievance provisions

of this contract prior to seeking relief through other channels.

It is understood that the Lodge does not have any role in the hiring,

discipline or dismissal of any employee.


























                                   ARTICLE V

                           WORK WEEK AND OVERTIME

      1. The normal work week for Supervisory Officers shall begin on Monday

Morning at 12:0l a.m. and end on the following Sunday at 12:00 midnight.  The

regular hours of work shall be eight (8) hours per day, forty (40) hours

per week.  

A.      B.  It is understood by the parties hereto that Superior Officers covered by this Ageement are managerial positions to which men are appointed through promotion and are compensated as such.  Therefore, although the hours set forth above are those which should be maintained, if the managerial or supervisory responsibilities of these positions require additional effort to be met, such additional effort will be put forth in order to meet those requirements with the exceptions as stated in Paragraphs C and E.
A. Sergeants shall receive overtime compensation when required to remain on duty in order to assume the duties of a shift leader who is absent without prior notification due to their exercise of command functions which may not be efficiently transferred to another command officer.
     D. Should it become necessary for an employee to appear to testify

in superior, county, municipal or other court on official business during

other than his regularly scheduled duty time, such employee shall receive

compensation for such appearance at time-and-one-half. Employees will be paid

for a minimum of two hours for all call-ins.    In lieu of cash

payment, an employee may opt for compensatory time off at the rate of

time-and-one-half the hours worked.  Such time may be taken only when

scheduled by the Chief so as not to interfere with departmental

operations.
                               
    1.  All personnel shall have the option of receiving compensatory time
at their time and one half rate when they are required to work other than
    their normally scheduled shift assignment.  All compensatory time shall
      continue to be taken subject to the approval of the Chief of Police or his
        designee.

            F.  For the purpose of this article, the hourly pay rate shall be

        calculated by combining standard base pay rates with longevity

        increments, where applicable.  The time and one half rate shall be

        calculated by multiplying the hourly rate by l.5.




































                                        ARTICLE VI

                                         HOLIDAYS


             A.  The Township agrees to provide thirteen (13) paid holidays to

        each employee.
            1. Compensation for these thirteen (13) days shall be incorporated into

        the employee’s base rate of pay, but shall not be used in the computation of

        overtime compensation.  An employee must have been on the payroll during the

        holiday to receive compensation therefore.

             C.  The designated holidays are:

                     New Year's Day                       Labor Day

                     Martin Luther King's Birthday        General Election Day

                     Washington's Birthday                Veteran's Day

                     Good Friday                          Thanksgiving

                     Easter                               Day after Thanksgiving

                     Memorial Day                         Christmas

                     Fourth of July

               
         

















                                      ARTICLE VII

                                       VACATIONS



             A.  All employees shall receive vacations as follows:

                     After lst year                       - 2 weeks

                     January lst following the sixth
                     year of service                      - 3 weeks

                     January lst following the thirteenth
                     year of service                      - 4 weeks

                     January lst following the eighteenth
                     year of service                      - 4 weeks plus one (l)
                                                            additional day for each year                                             served over 18

          1. Vacations are to be effective from January l to December 3l, and are granted on a calendar year basis for employees who remain on the payroll continuously and without interruption for the requisite number of years.  Leaves of absence shall neither break continuity of service, nor be counted for purposes of accruing additional vacation under this section.  Issues which may arise as to creditable service shall be controlled by applicable law.

            C. Vacations must be taken during the current calendar year at such time as   permitted or directed by the Chief of Police, unless the Chief determines it may not be taken due to pressure of work.  In case of the latter, unused vacation shall be carried forward into the next succeeding year, in which it must be granted.






                                   ARTICLE VIII

                              SICK AND BEREAVEMENT LEAVE


        I.   SICK LEAVE

             A.  Service Credit for Sick Leave

                 l.  All employees shall be entitled to sick leave with pay based

        on the current rate of compensation for their rank.

                 2.  Sick leave may be utilized by employees when they are unable

        to perform their work by reason of personal illness, accident or exposure

        to contagious disease, which is not related to their status as police

        officer.

             B.  Amount of Sick Leave

                 l.  Sick leave with pay shall accrue to any full time employee

        on the basis of twelve (12) days per year.

                 2.  Any amount of sick leave allowance not used in any calendar

        year shall accumulate to the employee's credit from year to year to be

        used if and when needed for such purposes.

             C.  Reporting of Absence of Sick Leave

                 l.  If any employee is absent for reasons that entitle him to

        sick leave, his supervisor shall be notified prior to the employee's

        starting time, except in emergencies.

                     (a)  Failure to notify his superior, or desk officer, may be

        cause for denial of the use of sick leave for that absence.

                     (b)  Absence without notice for five (5) consecutive days

        may result in disciplinary action which may include dismissal in

        accordance with law.



            D.  Verification of Sick Leave

                 l.  An employee who shall be absent on sick leave for four (4)

        or more consecutive working days may be required to submit acceptable

        medical evidence substantiating the illness.  The Township may require

        proof of illness of an employee on sick leave, however, whenever such

        requirement appears reasonable. Abuse of sick leave may be cause for

        disciplinary action.

                 2.  The Township may require an employee who has been absent

        because of personal illness, as a condition of his return to duty, to be

        examined at the expense of the Township by a physician of the Township's

        choice.  Such examination, together with other relevant medical evidence,

        shall establish whether the employee is capable of performing his normal

        duties and that his return will not jeopardize the health of other

        employees.

        3.  Employees absent on sick leave shall be required to be either at

        home, obtaining medical treatment or medication or in transit to a medical care

        facility or pharmacy.
          1. Payment for Accumulated Sick Leave at Retirement
              1. Patrol Officers shall be eligible to receive 50% of accumulated sick leave at retirement based on the following schedule:  
                                          Maximum Number of Days to be Paid
                     Years of Service    (50% of Accumulated Days up to the
                                             Maximum Shown)

                            25                      70
                            26                      72
                            27                      74
                            28                      76
                            29                      78
                            30                      80


              1. The benefit shall be calculated at the employee’s current salary at the time of retirement and shall be paid within 30 days from the effective date of retirement.
                 3. It is strongly recommended that employees who expect to retire    

                 formally advise the Chief of Police of their retirement date no later  
                 than January 15 of the year of retirement to assure availability of
                 funds for this benefit.

        II.  BEREAVEMENT LEAVE

             A.  In case of death in the immediate family, an employee shall be

        granted up to three (3) days leave.

             B.  Immediate family shall be defined as the employee's husband,

        wife, child, stepchild, mother, father, brother, sister, grandparents,

        father-in-law, mother-in-law, brother-in-law or sister-in-law.

             C.  Reasonable verification of the event may be required by the

        Township.

             D.  In the event of a death in the immediate family which would

        cause the employee to travel considerable distance or would otherwise

        entail additional time off, a maximum of five (5) days may be granted by

        the Chief of Police at his discretion in unusual or extraordinary

        circumstances.











                                         ARTICLE IX

                                     WORK INCURRED INJURY


             A.  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.

             B.  Where an employee covered under this Agreement suffers a work

        connected injury or disability, the employer shall continue such employee

        at full pay for a period not to exceed one (l) year, 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 Workmen's Compensation Act or any other insurance paid for by the

        employer, shall be paid over to the employer.  The employee may be

        required to present evidence by a certificate from a responsible

        physician that he is unable to work.  The employer may require the said

        employee to present an additional certificate from the Police Surgeon or

        other designated Township physician; however, if such certificate is

        required, then the employee shall not be caused to pay for same.

             C.  In the event the employee contends that he is entitled to a

        period of disability beyond the period established by the treating

        physician, or a physician employed by the employer or by its insurance

        carrier, then, and in that event, the burden shall be upon the employee

        to establish such additional period of disability by obtaining a

        judgment in the Division of Workmen's Compensation or by the final

        decision of the last reviewing court, which shall be binding upon the

        parties.



             D.  In the event a dispute arises as to whether an absence shall be

        computed or designated as a sick leave or as an injury on duty, the

        parties agreed to be bound by the decision of the last reviewing court.

                                         
             E.  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 X

                                           SALARIES



            1. The salary rates for Supervisory Officers for 2004, 2005, 2006 and 2007

                shall be as listed on the schedule attached hereto as Schedule A.
            1. Detective pay in the amount of $1,375 per year shall be included in the employee’s base pay but shall not be used in the computation of overtime.  Detective pay is conditioned upon assignment to detective work, which includes on-call responsibilities/scheduling and the wearing of a pager while off duty.
                  C. All personnel will receive their increments as of January 1st annually.






















                                     







                                        ARTICLE XI

                                       POLICE SCHOOL



              A.  Supervisory Officers may be required to attend police training

        schools.

             B.  Any Supervisory Officer required to attend training schools or

        meetings beyond his regular tour of duty may receive compensatory time

        off where the granting of such time would not interfere with departmental

        operations, in the opinion of the Chief of Police.  Where granted, such

        time shall be at the rate of one-and-one-half hours for the time while

        actually attending school.

































                                         ARTICLE XII

                                      CLOTHING ALLOWANCE


             A.  The Township will supply uniforms to all members of the

        Uniformed Force.  The issue of various items of uniform and equipment

        will be on an as needed basis, with ultimate responsibility for

        determination as to need, with the Chief of Police.


          B. Funds shall be made available to Supervisory Officers assigned to
        plain clothes to reimburse for repair and replacement of clothing damaged

        while on duty.  Reimbursements will be made available on a receipt turn-in

        basis through the Chief of Police.
             The plain clothes clothing reimbursement/repair allotment shall not exceed  

          an annual maximum of $575.
                 



           


















          ARTICLE XIII

          INSURANCE


               A.  The employer shall provide for each full-time employee and his

          or her dependants the following health insurance:

          1. Health care insurance as currently provided through the North

          Jersey Municipal Employee Benefits Fund.

                   2.  Long Term Disability Insurance as currently provided.

                   3.  Group Life Insurance ($10,000 Municipal Policy)

               B.  The employer reserves the right to change network provider and/or

          insurance carriers, so long as substantially similar benefits are provided.

               C.  The Choice 10 Plan shall be the base plan for coverage;

          Employees opting for coverage with premiums exceeding the Choice 10

          option shall contribute all costs in excess of the Township contributions for

          the base policy plan.

                               
               D. For employees appointed after January 1, 2005;

          The employee shall be responsible for 20% of the premium for dependent

          coverage under the Choice 10 plan.

               E. Employees who receive hospital and medical coverage through their

          spouse’s employer may surrender their benefits for cash.  The Township will

          distribute a questionnaire in November and the coverage period will begin the

          following January 1st.  Employees must be able to document their alternate

          coverage and will not be able to re-enter the Health Insurance Program until the

          next open enrollment period.  The Township will provide one-half of the

          insurance premium savings that it realizes as a result of the employee’s action.  

          (Note that the cash payment is taxable)  Payment will be made in two

          installments, April and October.

               F. All current employees shall receive a “one-time-only” cash incentive

          payment to switch from one of the three (3) Choice Plus Plans to the “Aetna

          Patriot V” plan.   The cash incentive payment shall be equal to 50% of the

          difference between the cost of the “Choice Plus 10” plan and the cost of the

          “Aetna Patriot V” plan.  

               G. In accordance with C and D above, the employer agrees to pay the

          premium or periodic charges for the benefits provided to all eligible retired

          employees and their dependents covered under the program.  If such employees

          retired from a State retirement system on a benefit based on 25 years or more of

          service credited in such retirement system, but including the employees who

          retired on a disability pension based on fewer years of service credited in such

          retirement system, the Township will also reimburse such retired employees for

          their premium charges under Part B of the Federal Medicare Program covering the

          retired employee and their spouses.


               H.  The Township will provide payment toward the cost of a dental

          plan for Township employees up to a maximum of $600. per year.

               If the dental plan is discontinued in the future, the annual sick

          leave allowance for employees shall revert to fifteen (15) days.















          ARTICLE XIV

          HOSPITALIZATION AFTER DISABILITY



               A.  Any Supervisory Officer who retires due to a disability incurred in

          the line of duty, shall be entitled to hospitalization benefits to the

          same extent that benefits are provided in the standard policy of the

          Township for active employees.

               B.  This coverage shall continue during the lifetime of the disabled

          Officer and their spouse under the family plan, but shall terminate as to the

          spouse upon his/her remarriage after the officer’s death or divorce.


































                                          ARTICLE XV

                                       NO-STRIKE PLEDGE


               A.  The Lodge covenants and agrees that during the term of this

          Agreement neither the Lodge nor any person acting in its behalf will

          cause, authorize, or support, nor will any of its members take part in

          any strike (i.e., the concerted failure to report for duty, or willful

          absence of any employee from his position, or stoppage of work or

          abstinence in whole or in part, from the full, faithful and proper

          performance of the employee's duties of employment), work stoppage,

          slowdown, walkout or other job action against the Township.  The Lodge

          agrees that such action would constitute a material breach of this

          Agreement.

               B.  In the event of a strike, slowdown, walkout, or other deliberate

          interference with normal work procedures, it is covenanted and agreed

          that participation in any such activity by any employee covered under the

          terms of this Agreement shall be deemed grounds for disciplinary action

          in accordance with applicable law.

               C.  The Lodge will actively encourage the prevention or termination

          of any strike, work stoppage, slowdown, or walkout or other job action

          against the Township.

               D.  Nothing contained in this Agreement shall be construed to limit

          or restrict the Township in its right to seek and obtain such judicial

          relief as it may be entitled to have in law or in equity for injunction

          or damages, or both, in the event of such breach by the Lodge or its

          members in accordance with applicable law.



                                            ARTICLE XVI

                                             LONGEVITY



               A.  In addition to base salary, Supervisory Officers initially appointed prior to January 1, 2001 shall be entitled to compensation as a reward for long-term service to the Township.

               B.  Longevity increments shall be computed annually as of January

          lst  based upon the completion of service anniversaries according to the

          following schedule:

                                                                       Rate

              l.  January lst after fifth year of service           2% of base pay

              2.  January lst after tenth year of service           4% of base pay

              3.  January lst after fifteenth year of service       6% of base pay

              4.  January lst after twentieth year of service       8% of base pay

              5.  January lst after twenty-fifth year of service    10% of base pay


            C. No longevity compensation shall exist for Supervisory Officers

          who were hired by the Township after January 1, 2001.

















          ARTICLE XVII

          TRAVEL ALLOWANCE






               A.  Supervisory Officers shall be compensated for using their personal

          vehicles for attendance at required police schools, or in other approved

          official police business at the rate of $.20  per mile.

               B.  Supervisory Officers may receive up to $8.00 per meal when travelling

          on official business.  Compensation shall be made upon the officers

          return and presentation of receipts.































          ARTICLE XVIII

          COLLEGE CREDITS AND COLLEGE DEGREE PAY


               A.  Supervisory Officers shall receive additional annual compensation at

          the rate of $l5.00 per credit for a maximum of 67 credits upon the

          completion of college credit courses resulting from enrollment in a

          specific police science or law enforcement curriculum; and provided that

          a grade average of "C" has been maintained.

              1. Compensation for college credits shall be incorporated into the

          employee’s base rate of pay, but shall not be used in the computation of

          overtime compensation.

               C.  The foregoing compensation schedule shall not apply to any

          courses taken in the basic police program at Sea Girt Police Academy.

                   In the event an employee has completed college courses in a

          curriculum other than police science or law enforcement, compensation for

          such credits can be provided for accepted transfer courses on a

          one-for-one basis after enrollment and completion of credits in the major

          field of police science.  That is, when an employee enrolls and completes

          three (3) credits in a police science course, he or she shall also be

          entitled to compensation for (3) credits in English or another course

          which is accepted as a transfer course toward a degree; when six (6)

          credits in police science courses are completed, compensation for (6)

          transfer courses can be provided and this procedure continued until a

          maximum of 67 credits is earned.

                 
            D. Supervisory Officers who hold an Associate’s Degree from an

          accredited community college shall receive $1005 annually in lieu of $15 per

          credit as described in Section A.
            E.  Supervisory Officers who hold a Bachelor’s Degree from an accredited

          university or college shall receive $1500 annually in lieu of $15 per credit as

          described in Section A.














































                                           ARTICLE XIX

                                       GRIEVANCE PROCEDURE

               A.  Purpose

                   l.  The purpose of this procedure is to secure, at the lowest

          possible level, an equitable solution to the problem which may arise

          affecting the terms and conditions of this Agreement and to resolve

          grievances as soon as possible so as to assure efficiency and promote

          employees' morale.  The parties agreed that this procedure will be kept

          as informal as may be appropriate.


               2.  Nothing contained herein shall be construed as limiting the

          right of any employee having a grievance to discuss the matter informally

          with the Head of the Department and having the grievance adjusted without

          the intervention of the F.O.P.


              B.  Definition

               The term "grievance" as used herein means any controversy arising

          over the interpretation, application or violations of any policy,

          agreement or administrative decision affecting the terms and conditions

          of this Agreement and may be raised by an individual or the F.O.P. on

          behalf of and at the request of an employee or group of employees.


               C.  Steps of the Grievance Procedure

                   The following constitutes the sole and exclusive method for

          resolving grievances between the parties covered by this Agreement and

          shall be followed in its entirety unless any step is waived by mutual

          consent.
                                     


                   STEP ONE:  The moving party shall present the grievance in

          writing signed by the aggrieved to the Department Head within five (5)

          calendar days of the occurrence giving rise to the grievance for the

          purpose of resolution.  In the discussion of the grievance, the persons

          involved shall make an earnest effort to resolve the matter.  The

          Department Head shall make whatever additional investigation is necessary

          and shall, within five (5) calendar days after presentation of

          the grievance, give his decision.

                   STEP TWO:  If a grievance is not resolved at Step One, the

          moving party may, within five (5) calendar days of receipt of the answer

          in Step One, submit the written grievance to the Township Manager, who

          shall give his answer within five (5) calendar days of the presentation

          of the grievance in Step Two.

                   STEP THREE:  If the grievance is not resolved in Step Two, it

          may be appealed in writing within five (5) calendar days after receipt of

          the answer in Step Two to the Governing Body.  Upon receipt of an appeal,

          a meeting may be scheduled to discuss the grievance within fifteen (15)

          calendar days of receipt of the appeal unless extended by mutual

          agreement.  The decision of the Governing Body shall be made not later

          than ten (l0) calendar days after the Step Three meeting, or if no

          meeting is held then the answer shall be given within fifteen (15)

          calendar days of receipt of the grievance.


                   STEP FOUR:  Arbitration:

                       (a) In the event the grievance has not been resolved at Step

          Three, either party may within five (5) calendar days request

          arbitration.  The arbitrator shall be chosen in accordance with the Rules

          of the Public Employment Relations Commission.


                       (b) The arbitrator shall be bound by the provisions of this

          Agreement and restricted to the application of the facts presented to him

          involved in the grievance.  The arbitrator shall not have the authority

          to add to, modify, detract from or alter in any way the provisions of

          this Agreement or any amendment or supplement thereto.

                       (c) The costs of the service of the arbitrator shall be

          borne equally between the Township and the F.O.P.  Any other expense

          incurred, including but not limited to the presentation of witnesses,

          shall be paid by the party incurring same.

                       (d) The decision of the arbitrator shall be final and

          binding.

               D.  A grievance will be considered settled upon its withdrawal in

          writing, or when the grievant ceases to be an employee by resignation or

          when any time limit set forth above has expired for its appeal to the

          next step.  Failure to answer a grievance with the proper time shall be

          deemed a denial and move it to the next step.




                                         













          ARTICLE XX

          SEPARABILITY AND SAVINGS



               A.  If any provision of this Agreement, or any application of this

          Agreement to any employee or group of employees is held invalid by

          operation of law or by a Court or other tribunal of competent

          jurisdiction, such provision shall be inoperative but all other

          provisions shall not be effected thereby and shall continue in full force

          and effect.




































                                          ARTICLE XXI

                                       WORK IN HIGHER RANK




               A.  The parties agree that it is in the best interest of the organization

          to maintain an appropriate command structure and to undertake a promotional

          process when an employee, covered by this agreement, is formally assigned to or

          required to perform the duties of a higher ranking officer on a permanent basis.  

               B.  Paragraph A above shall not apply to temporary assignments,

          wherein an officer is required to fill in for an absent superior, due to

          illness, vacation or similar reasons, in an "acting" capacity.




















                                     












                                      ARTICLE XXII

                                   TERMS OF AGREEMENT



               This Amended Agreement shall replace the existing contract between the

          parties and take effect from January l, 2004, and shall remain in full force and

          effect through December 31, 2007, and thereafter from year to year unless either

          party shall give notice in writing of a desire to amend or terminate the same in

          accordance with rules and regulations of the New Jersey Public Employment

          Relation Commission.  All changes by the moving party must be submitted in

          writing at the time the initial aforesaid notice is given.  Thereafter, the

          responding party shall have thirty (30) days to give notice of proposed changes

          and/or counter proposals in writing.  No such changes by either party shall be

          considered which are not received in accordance with this section.


               IN WITNESS WHEREOF, the parties hereto have hereunto set their hands

          and seals at Randolph, New Jersey, on this 30th day of December 2005.


          LODGE #25, THE FRATERNAL ORDER             TOWNSHIP OF RANDOLPH
          OF POLICE (Superiors)                      MORRIS COUNTY, NEW JERSEY

          BY:                                        BY:


                                             
          Keith Donovan, President                   Allen Napoliello, Mayor

          ATTEST:                                    ATTEST:

          BY:                                        BY:
                                                         
                                                     Donna Luciani
                                                     Acting Township Clerk
                                     




          SCHEDULE A

          SUPERVISORY OFFICER'S SALARIES



          POSITION              2003       2004      2005*      2006      2007

           
          Lieutenant         $87,128     $90,395   $94,589    $98,136   $101,816

          Sergeant          $80,083     $83,086   $87,006    $90,269   $93,654
           
          SCHEDULE B

          SALARY SCHEDULE FORMULA



                   2004     3.75%
                   
          2005*    add $775 for clothing, apply 3.75%
                   
          2006     3.75%
                   
          2007     3.75%  















































          Randolph Tp and FOP Lodge 25 Superiors 2004.pdf