Contract Between
Ocean Tp-Monmouth
- and -
Ocean Tp Police SOA
* * *
01/01/2001 thru 12/31/2003


CategoryMunicipal
UnitPolice Superior Officers

Contract Text Below
33
                          PREAMBLE


THIS AGREEMENT, made by and between the TOWNSHIP OF OCEAN, Monmouth County, New Jersey, a municipal corporation of the State of New Jersey, hereinafter referred to as the "Township" or "Employer" and SUPERIOR OFFICERS OF THE TOWNSHIP OF OCEAN POLICE DEPARTMENT, hereinafter referred to as the "S.O.A.," represents the complete and final understanding on all bargainable issues between the Township and the S.O.A.
                                        Revised – 1994




ARTICLE I
RECOGNITION
    Section 1. The Township recognizes the S.O.A. for the purposes of collective negotiations as the exclusive representative of all regular full-time Sergeants, Lieutenants and Captains of the Police Department of the Township of Ocean now employed, or hereafter employed, excluding the Chief of Police, the Deputy Chief, Patrolmen and all civilian employees.

    Section 2. This agreement shall be binding upon the parties hereto.








                                          Revised - 1984

    ARTICLE II

    COLLECTIVE BARGAINING PROCEDURE

    Section 1. Collective bargaining with respect to rates of pay, hours of work or other conditions of employment shall be conducted by the duly authorized bargaining agents of each of the parties. The authorized bargaining agent for the Township shall be determined by the Township Manager. The authorized bargaining agents of the S.O.A. shall consist of a representative(s) of each grade of Sergeant, Lieutenant or Captain, providing however, said Sergeant, Lieutenant or Captain are members of the Association.

    Section 2. The number of employees representing the S.O.A. shall not exceed four (4) excluding the Association's attorney and/or labor relations consultant(s).

    Section 3. Not more than two (2) employees of the Township who may be designated by the Association to participate in collective bargaining meetings called for the purpose of the negotiation of a collective bargaining agreement will be excused from their work assignments without loss of pay each for a period of not more than six (6) meetings.

    ARTICLE III
    CONDUCTING ASSOCIATION BUSINESS ON EMPLOYER'S TIME

    Section 1. Grievance Committee - The Association Grievance Committee shall conduct business of the committee which business consists of conferring with employees and management on specific grievances in accordance with the grievance procedures set forth herein on the committee member's own time except that one (1) committee member may participate in grievance procedures set forth herein, during the duty hours of the members, without loss of pay, provided the conducting of the business shall not diminish the effectiveness of the Department of Police or require the recall of off-duty employee(s) to maintain the effective operation of the Department.

    ARTICLE IV

    DISCRIMINATION AND COERCION

    Section 1. Pursuant to Chapter 303, Public Law of 1968 as amended, the Township agrees that every superior officer shall have the right freely to organize, join and support the S.O.A. and its affiliates for the purpose of engaging in collective negotiations and other concerted activities pursuant to Chapter 303 or for mutual aid protection.

    ARTICLE V

    MANAGEMENT RIGHTS

    The Township hereby retains and reserve unto itself, without limitation, 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:

    a. The executive management and administrative control of the Township government and its properties of its employees.

    b. To establish reasonable work rules in written form, to be supplied to each member of the Association. In addition, the Chief of Police shall have the right to issue oral work rules.

    c. To hire all employees, and subject to the provisions of law, to determine their qualifications and conditions for continued employment or assignment, and to promote and transfer employees.

    d. To suspend, demote, discharge, or take any other disciplinary action for good and just cause according to law.

    e. In the exercise of the foregoing rights and powers, authority, duties or responsibilities of the Township, the adoption of policies, rules, regulations and practices and the furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only to the extent such specific and express terms hereof are in conformance with the constitution and laws of the State of New Jersey and of the United States and the ordinances of the Township of Ocean.

    f. Nothing contained herein shall be construed to deny or restrict the Township of its rights, responsibilities and authority under R.S. 11, 40 and 40A, or any other national, State, County or local laws or ordinances.

    g. In the event of a conflict between any provision of this Agreement and any existing ordinance, resolution, rule or regulation of the Township, the provision of this Agreement shall govern.

    ARTICLE VI

    GRIEVANCE PROCEDURE

    Section 1. Purpose
        A. The purpose of this Article is to set forth a grievance procedure by means of which superior officers, or the Association, may appeal the interpretation, application, or violation of policies, agreements, and administrative decisions affecting them.
        B. It is agreed that the procedure set forth herein will be kept as informal as may be appropriate. Furthermore, nothing contained herein shall limit the right of an aggrieved employee to discuss his grievance informally with the appropriate member of the departmental supervisory staff, and have the grievance adjusted or settled, without the intervention of the Association.

    Section 2. Steps of the Grievance Procedure

    The following constitutes the sole and exclusive method for resolving employee grievances, (as the term is described in Section 1) and shall be followed in its entirety unless any step is waived by mutual consent.
        STEP ONE
        The aggrieved shall institute action under the provisions hereof within twenty-five (25) calendar days after the event giving rise to the grievance occurred.
        The aggrieved shall present his grievance to his Division Commander for the express purpose of resolving the matter informally.
        If the grievant is not satisfied with the handling or the result of the grievance, he may then immediately proceed to STEP TWO.
        STEP TWO
        If the grievance is not settled at STEP ONE, the grievant may make a written request for a meeting within ten (10) calendar days after receiving the answer from STEP ONE. Said second step meeting will be between the grievant and a representative of the Association (S.O.A.), if he so requests, and the Chief of Police or his designee. This meeting will be within five (5) calendar days after the request is received. The Chief's answer to the grievance will be hand delivered to the Association and the grievant in writing within ten (10) calendar days after the meeting.

    ARTICLE VI - GRIEVANCE PROCEDURE (continued)
        STEP THREE
        If the grievance is not settled at STEP TWO, the grievant may within ten (10) calendar days notify the Township Manager in writing that he is requested to hear and rule on the aggrieved matter. A meeting shall be set within fifteen (15) calendar days after the Township Manager receives the request that he hear and rule on the aggrieved matter. The grievant may, at his request, have an Association representative and/or an attorney present at this meeting. This intention shall be made known to the Manager prior to the scheduling of the hearing. The grievant and the Association will receive the Township Manager's answer and findings in writing, within ten (10) calendar days after the THIRD STEP meeting.

    Section 3.
        A. Final Decisions
            It is agreed that a dispute concerning terms and conditions of employment governed by statute or administrative regulation, incorporated by reference in this Agreement either expressly or by operation of law shall not proceed to arbitration and that the final decision shall rest with the Township Manager upon the completion of STEP THREE of this Article.
        1. Nothing contained herein as stated in Section 3.A. shall limit a member or the Association (S.O.A.) of their rights to:
            a. File an unfair labor practice complaint with the Public Employees Relations Commission (PERC).
            b. File a complaint in a court of law, in accordance with statutory provisions. It would be the responsibility of the aggrieved to pay for legal fees should a complaint be filed in court.
        B.1. A controversy or dispute arising between the parties hereto involving the interpretation, application, or administrative decision of any provision of this Agreement that affects a member or this Association shall, at the request of either Association (SOA) or the Township, be referred to either the Public Employees Relations Commission (PERC) or the New Jersey Board of Mediation for arbitration within fifteen (15) calendar days after receiving the Township Manager's written answer in STEP THREE or from the date upon which the answer was due.

    ARTICLE VI - GRIEVANCE PROCEDURE (continued)

        2. After hearing the dispute, the arbitrator shall render his decision within thirty (30) days after the final date of the hearing, which decision shall be final and binding upon the parties.
        3. The cost of an arbitrator shall be borne equally by the Township and the Association.
        4. The arbitrator appointed under the above procedure shall interpret the provisions of this Agreement. He shall have no powers to expand upon nor reduce the obligations of the parties under this Agreement.






























                                          Revised – 1993

    ARTICLE VII
    DISCHARGE AND SUSPENSION

    Section 1. No employee shall be disciplined or discharged without just cause. An employee who has been disciplined or discharged may grieve such action in accordance with provisions hereinafter set forth in Article VI, entitled "Grievance Procedure".

    Section 2. Upon any suspension, demotion, discharge or any other appropriate disciplinary action against any employee of this Association, a copy of such charges shall be forwarded to the President of the Association within five (5) working days after any such action against said employee is taken by the Township.

    Section 3. This Article shall apply to promoted officers who are in probationary status, except that in the event of demotion said promoted officer shall not proceed to arbitration, but rather the final decision shall rest with the Township Manager as provided in Article VI, Section 3A.
























                                          Revised – 1994
    ARTICLE VIII

    PERSONNEL FILES

    No material or writings relating to an employee's conduct, service, character or personality shall be placed in the said employee member's personnel file unless it is signed by the person submitting the information before it is incorporated into his file. The employee may, if in disagreement with the contents thereof, make an objection thereto in writing, together with supporting proofs. Any employee shall have the right, at reasonable times, to examine his personnel file.

    ARTICLE IX
    WORKING HOURS

    Section 1. The parties understand and agree that the standard weekly work schedule for employees covered by this Agreement requires employee service continuously throughout the seven (7) day week, and that the standard work week shall consist of forty (40) hours of work. Shifts will be scheduled with a minimum of one shift off between shifts worked.

    Section 2. The work week shall consist of forty (40) hours of shift based on a schedule to be approved by the Chief of Police or his designee.

    Section 3. Overtime pay as hereinbefore or hereinafter referred to shall consist of payment at the rate of one and one-half (1 1/2) times the employee's base salary and longevity pay added thereto. The hourly rate of the employees shall be computed by dividing the base salary and longevity by 2080 hours, and for the purpose of calculating overtime for Sergeants, then multiplied by 1.5.

    Section 4. Sergeants who work overtime that has been approved by the Chief of Police or his designee shall be compensated for such overtime work, and said compensation shall commence fifteen (15) minutes after the tour of duty of the employee has ended. In the event a Sergeant is called back for emergency duty by the Chief of Police or his designee, overtime pay shall be paid to said employee. Any member of the S.O.A. hereinafter referred to who shall be required to work after having completed his forty (40) hour work week, shall be paid at the rate of time and one- half (1 1/2) for such time exceeding forty (40) hours, as recited in Section 3 herein. In the event that a member of the S.O.A. shall be called back for emergency duty, such employee shall receive not less than two (2) hours overtime pay.

    Section 5. Lieutenants who work overtime shall be eligible for the same benefits outlined as in Section 4 except they shall receive compensatory time unless the Township elects to grant overtime pay. All compensatory time earned shall be used before the end of the calendar year following the year in which it is earned unless scheduling conflicts prevent this from occurring.

    Section 6. Captains shall be eligible for the same overtime benefits as Lieutenants except all time earned shall be at a straight time rate.

    ARTICLE IX - WORKING HOURS (continued)


    Section 7. Overtime compensation pay at the rate set forth in Section 3 of this Article will be paid to any member of the S.O.A. having the rank of Sergeant for the following: Required attendance as part of official duties at any court or administrative body or tribunal, excepting that, time which shall constitute the usual and normal police officer's regular tour of duty or citizens civil complaints against citizens. When required attendance as aforesaid relates to Municipal Court, there shall be a guaranteed minimum of two (2) hours overtime compensation. When required attendance as aforesaid relates to County Courts, there shall be a guaranteed minimum of two (2) hours overtime compensation. Officers working Shift 1 shall have the option of remaining on duty when required to report for County Court at 9:00 a.m. and be paid a four-hour minimum in this instance.
    Section 8. Sergeants shall be paid overtime when required to attend grievance hearings. The Township of Ocean reserves the right to recoup said overtime payment from the grievant.

    Section 9.A. After the third incident of any change in schedule for which there is not at least ten (10) calendar days' advance notice, Sergeants will be qualified to be paid time and one half for those hours worked outside the original schedule. This shall not apply to any shift change initiated by employees which are approved by supervisory personnel. The word "Incident" is hereby defined as any change from the Sergeant's normal shift to any other shift for which he had not been previously scheduled.

          B. An employee may voluntarily allow his shift or day off to be changed in return for a more favorable shift or day off, or to satisfy an administrative scheduling problem. However, the employee will have the right to refuse this request to change. If then ordered to change his shift or day off, the criteria in Section 9.A. of Article IX would apply. A voluntary switch shall not count as an incident in Section 9.A.

    Section 10. Employees may initiate shift or day off changes between themselves, subject to approval by supervisory personnel. Supervisory personnel shall not arbitrarily deny requested switches.

    Section 11. Sergeants may receive compensatory time in lieu of overtime payment for time spent performing duties in excess of forty (40) hours per week with the approval of the Chief of Police or his designee. Compensatory time may be accumulated at a rate of one and one-half (1 1/2) times the number of hours worked. The Township may grant compensatory time to

    ARTICLE IX - WORKING HOURS (continued)

            Sergeants for duties associated with Crime Prevention, Police Explorer supervision, or D.A.R.E. All compensatory time earned shall be used before the end of the calendar year following the year in which it is earned unless scheduling conflicts prevent this from occurring.

    Section 12. In the instance of a Federal or State declared emergency or any police activity performed outside of the Township of Ocean boundary for which funding is made available for overtime costs from non-local source(s), all superior officers would be granted monetary compensation for hours worked over 40 in a work week at a time and one-half rate to the extent that these added costs were covered by a non-local funding source. Pending receipt of Federal or State funds, compensatory time will be posted and may be utilized at each individual officer’s discretion in lieu of overtime payment.

    Section 13. If a lieutenant is required by a higher ranking officer to work overtime to serve as shift commander, the lieutenant would be eligible to elect overtime pay in lieu of compensatory time for up to two occasions in any calendar year.

    Section 14. In recognition of the time devoted by Sergeants and Lieutenants in the Patrol/Field Operations Division in the preparation for squad briefings, personnel assignments and other similar pre-shift activities, two (2) hours of compensatory time per each full calendar quarter worked in this capacity will be granted to Sergeants and Lieutenants in the Patrol/Field Operations Division.













                                          Revised – 1994
                                          Revised – 1998
    Revised – 2001
                            ARTICLE X
                          COMPENSATION

    Section 1. The salary schedule for all employees represented by the Association shall be as shown in Schedule A attached hereto and made a part hereof.

    Section 2. All employees shall be eligible for a merit adjustment. When an employee receives a performance rating of "meets standards" or better for the year preceding the evaluation, the supervisor will authorize issuance of a merit adjustment in accordance with the following:
        A. Any merit adjustment awarded shall be for only the preceding year's performance, and not affected by previous or future evaluations which will stand alone, and shall be paid in the following manner:
          1. It shall be paid over the subsequent twelve-month period in equal payroll installments from the anniversary date of hire of each employee.
          2. In the final year of employment it shall be paid in accordance with Section 2.A.1. above between the anniversary date of hire and the final date the employee was on the payroll, and at that time any unpaid portion of the employee's merit adjustment shall be paid in one "lump sum" installment.
        B. Meets Above
        Standards Standards Superior
        2001 $500 $600 $700
        2002 $550 $650 $750
        2003 $600 $700 $800
    C. In the first year of an employee's service to the Township, any merit pay awarded shall be pro-rated to reflect the number of months worked.
      Section 3. Associate and Baccalaureate Degree Program
          A. Full-time, permanent employees shall be eligible for an additional pay of two hundred fifty dollars ($250) per annum for having obtained an Associate of Arts or Associate of Science Degree; or five hundred dollars ($500) per annum for having obtained a Bachelor of Arts or Bachelor of Science Degree from an accredited college or university under the following conditions:
              1. Said degrees are granted with a major and/or minor course of study in Criminal Justice, Business Administration, Psychology, Sociology, or Social Sciences;
              2. Proof of said degree is presented to the Chief of Police;
      3. Following authorization by the Chief of Police, a single payment as stated above will be granted to eligible employees not later than the first pay period in July.

      ARTICLE X - COMPENSATION (continued)

      Section 4. Differential Program

      In recognition of rotating schedules, weekend work, specialized duties including but not limited to detective assignments, crime prevention assignments, traffic assignments, Division Commander responsibilities and other unique responsibilities; all superior officers shall be eligible for a differential to be paid in conjunction with the regular payroll schedule in accordance with the following schedule:

      2001 - $724/year
      2002 - $898/year
      2003 - $1,072/year

      A superior officer working less than the full calendar year will only be entitled to the proportion of the year worked multiplied by the above differentials.

      Section 5. Supervisory Differential Program

      A. In recognition of each officer’s unique supervisory responsibilities, each full-time, permanent supervisor shall be eligible for an additional pay of five hundred ($500) dollars per annum, which stipend shall not be included in the employee’s base salary.
      B. A single payment as stated above will be granted to eligible supervisors not later than the first pay period in December. Persons working only a portion of the year as a member of the Superior Officers Association will be entitled to a proportionate payment.












                                            Revised – 1993
                                            Revised – 1996
                                            Revised – 1998
                                            Revised – 2001

      ARTICLE XI

      LONGEVITY

      Section 1. Each employee shall be paid, in addition to his current annual wage, a longevity increment based upon his years of continuous employment in the Police Department. The above table is based upon 1% of the senior patrolman’s salary for six years of service with a 1% increase with each additional three years of service to a maximum of 7% of the senior patrolman’s salary with 24 years of service. The longevity schedule is shown in Schedule B.

      Section 2. In addition to the foregoing schedule of increments, the Township shall provide one hundred percent (100%) credit for prior police service rendered by an employee for any state, county, or municipal department in calculating the amount of longevity increment to be paid to said employee.

      Section 3. Each employee shall qualify for the longevity increment during the next regular pay period following said employee's anniversary date of employment, and such increment shall be paid from and after such date.

      Section 4. The Township and the Association stipulate that the above longevity percentage schedule shall remain unchanged through December 31, 2002.


















                                            Revised – 1993
                                            Revised – 1996
      Revised – 1998

      ARTICLE XII

      SICK LEAVE

      Section 1. Sick leave is defined as any absence from duty because of an illness or disability not arising out of an employee's course of employment.
          A. Sick leave may be used for the following:
          1. Personal illness.
          When a member of the employee's immediate family, defined below, is ill and requires the presence of the employee.

          B. Sick leave may not be used for the following:
          1. Dental or medical treatment or office visits, except when that treatment is incidental to a period of continuous personal illness or an acute emergency or the employee has satisfied his superior officer that no other arrangements were practicable.

          C. Immediate family, for the purposes of the Article is defined as mother, father, spouse and child, and sister, brother, or a child of a sister or brother when the employee is the sole support of the sister, brother, or child and if said child is under twenty-two (22) years of age.
      Section 2.
          A. For employees hired before January 1, 1988, fifteen (15) days paid sick leave will be posted to every eligible employee on January 1st of each year of employment with the provision that, if at the time of separation from service the employee has used sick leave days in excess of an accrual of one and one quarter (1 1/4) days for each full month of service completed, said excess days shall be deducted from the employee's last pay check.

          B. For employees hired after January 1, 1988, twelve (12) days paid sick leave will be posted to every eligible employee on January 1 of each subsequent year of employment with the provision that, if at the time of separation from service the employee has used sick leave days in excess of an accrual of one (1) sick day for each full month of service completed, said excess days shall be deducted from the employee's last pay check.
      Section 3. Any amount of sick leave, as provided for above, not used in any calendar year, shall accumulate to the employee's credit from year to year to be used, if any, when needed in accordance with the aforementioned provisions.

      Section 4. Any employee must promptly notify the superior officer on duty of his intended absence from work. Notification shall be made before the


      ARTICLE XII - SICK LEAVE (continued)

              employee's usual starting time, except in such case where because of the emergent nature of the illness, notifications cannot be made as herein set forth.

      Section 5. The Township Manager, Police Chief or his designee may require:
          A. A certificate from a licensed physician as proof of illness;
          B. In the case of leave due to exposure to contagious disease, a certification from the Department of Health or any person licensed by the State of New Jersey to practice medical arts;
          C. An employee who is absent because of personal illness may be required to be examined, to verify said illness, at the expense of the Township by the Township Physician or at the employee's request, at the employee's expense by any person licensed by the State of New Jersey to practice medical arts.
          D. An employee who has been absent because of personal illness may be required to be examined, at the expense of the Township, by the Township Physician or any person licensed to practice the medical arts in the State of New Jersey as a condition of his return to duty. Such examination shall establish whether the employee is capable of performing his normal duties and that his return will not jeopardize the health of other employees.

      Section 6. In Lieu Payment of Sick Leave at Retirement.
          A. An employee upon receiving a special, service, accidental, or ordinary disability (but not deferred) retirement under the statutes of the State of New Jersey, shall be eligible to receive a payment, equal to accumulated sick leave benefits at one hundred percent (100%) his rate of pay at retirement, up to a maximum of one hundred (100) days.
          B. Any employee shall also be eligible to receive payment equal to additional accumulated sick leave benefits at twenty-five percent (25%) of this rate of pay up to a maximum of one hundred and fifty (150) days. In no event shall an employee receive payment for more than two hundred fifty (250) days under paragraphs A & B.
          C. In the event a member employee should die prior to retirement, the employee's beneficiary, as designated by the NJ Police and Fire Pension System, shall receive cash payment for accumulated sick leave utilizing the formula provided for in Sections 6.A. and 6.B.
          D. An employee may elect to receive cash payment in full or early retirement or a combination thereof. An employee who has completed 25 years of pensionable service may alternatively receive up to 40% of the sick days banked but not to exceed 100 days of sick leave pay with the remainder of the sick leave severance being paid upon retirement (up to an additional 37 days pay representing 25% of the 101st day of accumulated sick leave through the 250th day of accumulated sick leave) subject to the following conditions:
      ARTICLE XII - SICK LEAVE (continued)

      1. Notice of the intent to exercise this option is received on or before November 1 of the year preceding the year in which payment would be made.
      2. Payment would be made in accordance with the rate of pay in effect in the year of receipt.
      3. Employees exercising this option would no longer be eligible to receive donated days per Article XIV.5.
































                                            Revised – 1986
                                            Revised – 1988
                                            Revised – 1998
                                            Revised – 2001

      ARTICLE XIII

      VACATIONS

      Section 1. Each employee who has had the time of continuous employment recited in the following table shall be entitled to the working time shown as a vacation with pay at his regular compensation rate:

      Year in Which Employees Employees
      Anniversary Hired After Hired Before
        Reached 1/1/88 1/1/88
      1st - 5th 12 days 12 days
      6th - 10th 16 days 18 days
      11th - 15th 18 days 20 days
      16th - 20th 21 days 24 days
      21st - 25th 23 days 26 days
      26th and beyond 26 days 28 days
      The above days are to be considered working days.

      Section 2. Vacation shall be credited as of January 1 of each calendar year and will be considered earned as of the anniversary date except for retiring employees in which case it will be considered earned as of Jan. 1.

      Section 3. In addition to the vacation schedule hereinabove referred to, each employee shall receive credit for one hundred percent (100%) of the number of years of previous service with any state, county or municipal police force, for the purpose of calculating the employee's years of service to determine the amount of vacation time to which the employee shall be entitled.

      Section 4. Vacations shall be taken within the year of entitlement.

      Section 5. With the exception of the first annual anniversary date, vacations may be scheduled at any time subsequent to the calendar year of an annual anniversary date; that is, the vacation may be deferred until the actual anniversary date. Vacations shall be taken within the year of entitlement, except that if the first anniversary date occurs in December, the vacation to which entitled may be taken the following calendar year; but not consecutively with the vacation to which entitled for the second anniversary date.

      Section 6. In order not to hamper proper and efficient police operations, both parties agree that the schedule of vacations shall be left to the Chief of Police or his designee, but the selection of vacation time shall be based on seniority within divisions and squads.

                                            Revised – 1988

      ARTICLE XIV

      HOLIDAYS

      Section 1. The following shall be recognized as holidays under this Agreement:
              New Year's Day Labor Day
              Martin Luther King Day Columbus Day
              Washington's Birthday Veteran's Day
              Lincoln's Birthday Thanksgiving Day
              Good Friday Friday following
              Memorial Day Thanksgiving Day
              July 4th (Independence. Day) Christmas Day
      Section 2.
          A. The holidays herein above referred to shall be given to the employees as compensatory time except that employees may be paid for up to five days pay at straight time in return for forfeiting up to five days of compensatory holiday time. To be paid for compensatory holiday time, employees must notify the Chief of Police on or before November 1 of the preceding year. Payment for holiday compensatory time will be made by the Township on or before July 1.
          B. Employees may be compensated at straight time pay for up to five days of holiday time left over at the end of the year the holidays accumulated. Any holidays above these five would be lost and not permitted to be carried over the coming year unless extenuating circumstances dictate that every effort to reasonably use said time was attempted by both the individual and the department's scheduling officer. Payment for holiday compensatory time returned will be made by the Township on or before July 1. Sections 2.A. and 2.B. may not be used together in the same year.

      Section 3. Employees shall be entitled to two (2) personal days per year in addition to the holidays authorized in Section 1 of this Article. The employee requesting the personal days herein referred to shall request the same of the superior or scheduling officer not less than 48 hours in advance when practicable. In any event, a request for a personal day shall not be denied if the following conditions are met:
      1. There is at least twenty-four hours notice provided to an appropriate supervisory/scheduling party.
      2. No other officer has already been granted a personal day for the shift that is the subject of the request.
      3. That the request is not on one of the designated holidays or on one of up to ten “blackout” dates set by the Chief of Police at least three months in advance.
      In the final calendar year of employment, one-half (1/2) personal day shall be granted for each three calendar months or part thereof worked. In the final calendar year of employment one-half (1/2) personal day shall be granted for each three calendar months or part thereof worked exclusive of
      ARTICLE XIV - HOLIDAYS (continued)

      benefits provided under Article XII.6 (payment for unused sick leave of up to 137 1/2 days).

      Section 4. Should the Township Council or Township Manager, because of a special holiday proclaimed by the President of the United States or the Township Council or Township Manager close the Township administrative offices, thereby giving time off to personnel employed there, the employees covered by this Agreement shall receive equal time off at such time that will not interfere with efficient police operations.

      Section 5. Employees covered by this agreement may on a voluntary basis donate up to one holiday per SOA member per calendar year to be contributed to an Ocean Township police officer’s holiday leave account in instances where a police officer has exhausted all available time off and continues to be unable to work as certified by a medical doctor.

























                                            Revised - 1986
                                            Revised - 1988
                                            Revised - 1996
                                            Revised - 2001

                            ARTICLE XV
                          DEATH IN FAMILY

      Section 1. In the event of a death in his immediate family, permanent employees shall be granted time off without loss of regular straight time pay, not to exceed five (5) days, concluding with the day after the funeral, unless the Chief, in his discretion approves a different concluding time, which approval shall not be unreasonably withheld. Notice of such absence shall be given to the Superior Officer as soon as possible, for the first day of the intended absence. For purposes of definition of this Section, "immediate family" shall consist of father, mother, spouse, children, brothers and sisters.

      Section 2. In the event of the death of an employee member's mother-in-law, father-in-law, brother-in-law, sister- in-law, daughter-in-law, son-in-law, grandparents and grandchildren, the said employee member shall be granted time off without loss of regular straight time pay for three (3) days, concluding with the day after the funeral.

      Section 3. In the event of the death of an aunt or an uncle of the employee member or his spouse, or death of a grandparent of a spouse the employee member shall be granted the day off of the funeral without loss of regular straight time pay for the purpose of attending the funeral.

      Section 4. The Township may require reasonable proof of such death. Under extenuating circumstances, the Township Manager may extend the death leave of an employee.














                                            Revised - 1986
                                            Revised - 1988

      ARTICLE XVI
                            INJURY LEAVE

      Section 1.a. Whenever an employee is incapacitated from duty because of physical injury sustained in the performance of his/her duty, s/he shall receive his salary, less such amounts as shall accrue or be paid to said injured member by worker's compensation benefits. This said salary shall continue during the term and period of temporary compensation benefits as authorized by the worker's compensation statutes of the State of New Jersey. However, any permanent or partial permanent award made to said employee by any worker's compensation court or any other court of competent jurisdiction shall be and remain the property of the said employee and shall not be reimbursed to the employer.

      1.b. Beginning July 1, 1996, the Township shall utilize the following formula in calculating employee payroll checks during such periods of time that they are receiving Workers' Compensation Temporary Disability Payments ("W.C.T.D.P.") processed per N.J.S. 34:15-12(a):

      Gross wages
      less: Worker's Compensation check (to be signed over to Township of Ocean worker's
      compensation reserve account)
      Adjusted gross
      less: Taxes and deductions on adjusted gross
      Adjusted net

      Normal net
      less: Adjusted net
      Balance due employee from Township of Ocean worker's compensation
      reserve account

      This formula shall continue to be utilized as long as W.C.T.D.P. is in whole or in part tax-free.

      Pursuant to N.J.S. 43:16A-15.2, the employer shall continue paying the employee's full pension contribution based on the salary the employee was receiving just prior to the receipt of the W.C.T.D.P. The employee's pension shall not be decreased or affected in any amount because of this section, and the employee's "Compensation". "Final Compensation", "Average final Compensation", etc., as described in N.J.S. 43:16A-1, et. seq., shall not be decreased any amount because of this section.

      Additionally, no other provision of this contract, including longevity, overtime, holiday pay, etc., shall be decreased in any amount because of this section.

      ARTICLE XVI - INJURY LEAVE (continued)


      Section 2. An Association member shall, as soon as practicable after a physical injury has occurred, file a worker's compensation petition, and failure to do so shall render this said provision for payment of salary void, and said salary shall cease forthwith.

      Section 3. The provisions herein recited in the event of a physical injury to a member of the Association shall not exceed the term or period of one (1) year from the onset of said physical injury. The time wherein said member of the Association is not permitted or is unable, by reason of certification by a Township Physician, to perform such duties as shall be directed by the Chief of Police, or his designee, resulting from the said physical injury, shall not be charged against sick leave of the said Association member.

      Section 4. In the event a disagreement arises with respect to the existence or extent of a job-connected disability, such issue shall be determined by a physician agreed to by both parties to this Agreement, and the cost of same shall be borne equally by both parties to this Agreement.

      Section 5. An employee while on injury leave may not engage in outside employment.






















      Revised - 1996
                            ARTICLE XVII
                  FALSE ARREST AND LIABILITY INSURANCE

      Section 1. The Township shall at its cost and expense provide false arrest and liability insurance to cover each and every full-time, permanent and probationary employee. The said coverage shall be in the sum of not less than one million ($1,000,000) dollars per incident for each employee.

      Section 2. Whenever a member of the Police Department is made a defendant in any action or legal proceeding arising out of or incidental to the performance of his duties, the Township shall provide said member with necessary means for the defense of such action or proceeding and in such event, the Township shall satisfy its obligations hereunder by providing services of the Township Attorney, Assistant Township Attorney or outside counsel retained by the municipality who would owe exclusive allegiance to the member. Member may also submit to Township the name of an attorney of his own choice licensed to practice in the State of New Jersey. However, prior to utilizing the services of an outside attorney, an agreement must be reached by the parties as to the services to be rendered and fees and costs thereof which must be reasonable to Township. Nothing herein shall be construed to preclude a member from selecting his own attorney either to assume sole control of the defense or to cooperate with the attorney selected by Township without the consent of Township. In either case, however, the member's selection of counsel without Township concurrence carries with it member's personal obligation to pay legal fees.
              Township shall not provide a member with the necessary means for his defense in a disciplinary proceeding instituted against him by Township or in a criminal proceeding instituted as a result of a complaint on behalf of Township. If any such disciplinary or criminal proceeding instituted by or on complaint of the Township shall be dismissed or finally determined in favor of the member, he shall be reimbursed for expense of his defense.

      Section 3. The Township shall agree to provide and assume financial responsibility for an attorney, subject to the approval of the Township Manager, to represent Superior Officers in formulating official charges, act as prosecutor if the defendant is represented by legal counsel, or where a counter-complaint is charged by a subordinate.



                                            Revised - 1986

      ARTICLE XVIII

      HOSPITALIZATION AND INSURANCE AND PENSIONS

      Section 1. The Township shall continue to provide enrollment in the New Jersey State Health Benefits Program for all employees and their families as defined by the insurance carrier. Dependent premiums will be paid by the Township up to a maximum of the rates in effect through 30 April 1987. Any increase in this rate will be paid fifty percent (50%) by the insured employee and fifty percent (50%) by the Township.*

      Section 2. The Township shall continue to provide for each S.O.A. member with the current group life insurance coverage of six thousand ($6,000) dollars.

      Section 3. The Employer shall provide dental insurance for each employee. The premium to be paid by the Township for dental insurance shall not exceed $43/month in 1996 and 1997. Any excess will be paid by the insured employee.

      Section 4. The Township may at its option change any of the foregoing plans or carriers so long as substantially the same benefits are provided.

      Section 5. Pensions
              The Township shall continue to make contributions as heretofore to provide pension and retirement benefits to employees covered by this Agreement under the Police and Fireman's Retirement System pursuant to the provisions of the statutes and laws of the State of New Jersey.

      * This provision of co-pay shall not be in force so long as it is in conflict with any State of New Jersey law, rule or regulation.












                                            Revised - 1994
                                            Revised - 1996

      ARTICLE XIX
                          OUTSIDE EMPLOYMENT

      Section 1. All requests for police related outside employment with or without uniform during the off-duty hours should originate through the Chief of Police or his designee, who shall have the right to reasonably approve or disapprove said request.

      Section 2. It is understood by the parties that the employee's position on the force shall be considered their primary job. Nothing herein contained shall prevent an employee from engaging in any outside employment on his off-duty hours, providing the same shall not be in conflict with his duties nor interfere with his efficiency or performance as an employee of the Township of Ocean.

      Section 3. With respect to approved off-duty employment in uniform, the hourly rate shall be set by the Superior Officer’s Association. The party contracting for this service shall make the request through procedures established by the Chief of Police and shall make payment to the Township of Ocean through a means established by the Township Council (i.e. escrow or billing). Officers shall receive payment for work during the next payroll processing cycle after the Township’s receipt of the funds from the contracting party. The Township shall be entitled to set a reasonable fee for its administration of this program. This provision shall be effective January 1, 2001 with the provisions of the 1998 – 2000 contract being applicable through December 31, 2001.


















      Revised - 2001

      ARTICLE XX

      CLOTHING MAINTENANCE ALLOWANCE
          1. A clothing maintenance allowance in the amount of nine hundred fifty dollars ($950) in 2001, nine hundred seventy-five dollars ($975) in 2002, and one thousand dollars ($1,000) in 2000 shall be paid by the Township to all full-time, permanent employees.
          2. Payments to said employees will be made on or before 30 April.
          3. In the event all or any part of the present uniform is changed, such change shall be borne by the Township and not be considered part of the annual maintenance allowance.
          4. In the year that an employee is separated from service by termination, retirement or resignation, the maintenance allowance shall be pro-rated for the final year of service to reflect the number of months actually worked.
























                                            Revised - 1993
                                            Revised – 1996
                                            Revised – 1998
      ARTICLE XXI

      MISCELLANEOUS

      Section 1. Mileage Payment - Employees will be provided with a Township vehicle if one is available or will be reimbursed at the rate of $0.17 per mile in the event they use their own motor vehicle for travel to and from required schooling, court appearances in a criminal matter or in any administrative proceeding which is work-related.
            Such reimbursement for vehicle use shall not apply to civil court or non-work related appearances such as grievance hearings, PERC proceedings or pension matters.

      Section 2. Working Conditions - The parties shall abide by the provision of N.J.S.A. 34:13A-5.3 and 34:13A-5.4. Disputes arising under this section shall be processed pursuant to N.J.S.A. 34:13A-5.4(c).


























                                            Revised – 1984

      ARTICLE XXII
      REPRESENTATION FEE

      WHEREAS, members of the Association are members of P.B.A. Local No. 57:
          A. Should a member of the P.B.A. Local No. 57 being expressly represented by the Association (S.O.A.) for the above mentioned purposes, be removed from, or remove himself from membership of the P.B.A. Local No. 57, he will be required to pay a representation fee in an amount equal to a proportion of the regular Association membership dues, fees, and assessments as certified to the Township by P.B.A. Local No. 57 in accordance with the statutory provisions and the agreement entitled "Agreement Between Township of Ocean, County of Monmouth, and the P.B.A. Local No. 57 of the Ocean Township Police Department Section".
          B. The procedure for said deductions shall take effect and remain the same as so stated in the aforesaid Agreement between the P.B.A. Local No. 57 and the Township of Ocean in their Article XXVI from B. Procedure through and including C. Indemnification.

      ARTICLE XXIII

      SAVINGS CLAUSE

      It is understood and agreed that if any provision of this Agreement or the application of this Agreement to any person or circumstance shall be held invalid, the remainder of this Agreement or the application of such provision to other persons or circumstances shall not be affected thereby.

      ARTICLE XXIV

      COMPLETENESS OF AGREEMENT AND DURATION

      This AGREEMENT constitutes the entire collective negotiating Agreement between the parties, and contains all the benefits to which employees covered by this Agreement are entitled, notwithstanding the established past practices in existence prior to this contract, and includes and settles for the term of this Agreement all matters which were, or might have been, raised in all collective negotiations leading to the signing of this Agreement.
      This Agreement shall be in full force and effect as of January 1, 2001, and shall remain in effect to and including December 31, 2003, with the proviso that retroactivity prior to the date of the execution of this Agreement shall extend solely to the increases set forth herein concerning salary, longevity, and other benefits herein increased. Thereafter this Agreement shall remain in full force and effect until a successor Agreement is fully executed by both parties.
      IN WITNESS THEREOF, the parties hereto have hereunto set their hands and seals this day of , 2001.
      ATTEST:
      FOR THE S.O.A. FOR THE TOWNSHIP


      ______________________________ ________________________________
      Terrance D. Weldon, Mayor



      ______________________________ ________________________________

      SCHEDULE A


      Section 1. The employer agrees that there should be a rank differential established for the years 2001, 2002 and 2003 between senior patrol officers and the ranks as follows:
          A. Sergeant 10.0% above senior patrolman
          B. Lieutenant 20.0% above senior patrolman
          C. Captain 28.0% above senior patrolman in 2001
          29.0% above senior patrolman in 2002
          30.0% above senior patrolman in 2003

      Section 2. The annual salary for each of the positions shown below shall be as follows for 2001, 2002 and 2003:

      POSITION 2001 2002 2003

        Sergeant $73,337 $76,454 $79,703
        Lieutenant 80,004 83,404 86,949
        Captain 85,338 89,659 94,195


      SCHEDULE B

      Section 1. Longevity payments shall be made in accordance with the following schedule:

      Upon Completion of
      Years of Service 2001 2002 2003

      6 $ 667 $ 696 725
      9 1,333 1,390 1,449
      12 2,001 2,086 2,174
      15 2,667 2,780 2,898
      18 3,334 3,476 3,623
      21 4,000 4,170 4,347
      24 4,667 4,866 5,072

                                            Revised – 1994
                                            Revised – 1996
                                            Revised – 1998
                                            Revised – 2001


      Ocean Tp and Ocean Tp Police SOA 2001.pdf