| A G R E E M E N T
between the
PBA LOCAL #59
(all employees below the rank of Lieutenant)
and
THE BOROUGH OF WILDWOOD CREST
____________________________________________________________________________
January 1, 2013 through December 31, 2015 ____________________________________________________________________________
TABLE OF CONTENTS
ARTICLE PAGE PREAMBLE---------------------------------------------------------------------4
I ASSOCIATION RECOGNITION---------------------------------------------5
II LEGAL REFERENCE---------------------------------------------------------6
III MAINTENANCE OF STANDARDS-----------------------------------------7
IV ASSOCIATION REPRESENTATIVES AND MEMBERS-----------------8
V RETENTION OF CIVIL RIGHTS--------------------------------------------9
VI RETIREMENT----------------------------------------------------------------10
VII EXTRA CONTRACT AGREEMENT---------------------------------------12
VIII LEAVES OF ABSENCE-----------------------------------------------------13
IX WORK WEEK----------------------------------------------------------------14
X VACATIONS-----------------------------------------------------------------17
XI HOLIDAYS-------------------------------------------------------------------19
XII SICK LEAVE-----------------------------------------------------------------20
XIII INSURANCE, HEALTH, AND WELFARE-------------------------------25
XIV EXCHANGE OF DAYS OFF-----------------------------------------------30
XV CLOTHING ALLOWANCE-------------------------------------------------31
XVI TEMPORARY LEAVES OF ABSENCE-----------------------------------33
XVII GRIEVANCE PROCEDURE------------------------------------------------34
XVIII COMMENDATION AND HONORABLE MENTION--------------------37
XIX PATROL CARS----------------------------------------------------------------38
XX SALARY AND WAGES------------------------------------------------------39
XXI PROBATIONARY PERIOD--------------------------------------------------42
XXII COURT TIME------------------------------------------------------------------43
XXIII INVESTIGATION OF POLICE OFFICERS--------------------------------44
XXIV RESIDENCY-------------------------------------------------------------------46
XXV POLICE SCHOOLS------------------------------------------------------------47
XXVI MISCELLANEOUS PROVISIONS------------------------------------------49
XXVII MANAGEMENT RIGHTS----------------------------------------------------51
XXVIII DURATION OF AGREEMENT----------------------------------------------52
WAGE GUIDE ----------------------------------------------------------------54
DENTAL BENEFITS, EXHIBIT B------------------------------------------55
VISION BENEFITS, EXHIBIT C------------------------------------------56
PREAMBLE
THIS AGREEMENT entered into this ______ day of _________________________, 2013, by and between the BOROUGH OF WILDWOOD CREST, hereinafter referred to as “Employer,” and PBA LOCAL #59, hereinafter referred to as “PBA,” acting for all permanent Police Officers, Detectives, and Sergeants of the Wildwood Crest Police Department, below the rank of Lieutenant, hereinafter referred to as “Employee.”WITNESSETH: WHEREAS, that for the purpose of mutual understanding and in order that a harmonious relationship exist between the Borough and the representative members of the Wildwood Crest Police Department to the end that continuous and efficient service will be rendered to and by both parties for the benefit of both:NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
ARTICLE I
ASSOCIATION RECOGNITION A. The Borough hereby recognizes the PBA as the sole and exclusive representative of all police officers, which includes patrolmen, detectives and other members of the Police Force below the rank of Lieutenant, covered under this Agreement, for the purpose of bargaining with respect to rates of pay, wages, hours of work and other working conditions.
B. The title “police officer” shall be defined to include the plural as well as the singular and to include males and females, but shall be limited to permanent, non-seasonal, officers of the police force.ARTICLE II
LEGAL REFERENCE A. Nothing contained herein shall be construed to deny or restrict any police officer such rights as he may have under any other applicable laws and regulations. The rights granted to the police officer hereunder shall be deemed to be in addition to those provided elsewhere.
B. If any provision of this Agreement or any application of this Agreement to any employees or group of employees is held to be contrary to law, then such provisions and application shall not be deemed valid and subsisting except to the extent permitted by law. All other provisions and applications contained herein shall continue in full force and effect. In the event any provision as aforesaid is deemed to be invalid, then the parties agree to meet immediately for the purpose negotiating a provision to replace said invalid provision.
C. The provisions of the Agreement shall be subject to and subordinate to and shall not annul or modify existing applicable provisions of Federal, State and Local Laws, except as such particular provisions of this Agreement modify existing Local Law, it being understood and agreed that the employees are subject to the Police Ordinance of the Borough of Wildwood Crest and this Agreement is not to be construed as to alter said Ordinance nor in any way be a commitment to alter said Ordinance. ARTICLE III
MAINTENANCE OF STANDARDS A. Subject to the application of applicable law, all conditions of employment relating to wages, hours of work and general working conditions presently in effect for employees shall be maintained at not less than the standards now in effect and the conditions shall be improved wherever specific conditions for improvement are made in this Agreement.ARTICLE IV
ASSOCIATION REPRESENTATIVES AND MEMBERS A. The employer agrees to grant time off, without discrimination, to any employee designated by the PBA to attend local, state and international meetings or the conventions or to serve in any capacity on other official PBA business, provided three (3) days written notice for local meetings is given to the employer by the PBA. Thirty (30) days notice shall be given for meetings outside of Cape May County. At the discretion of the Chief of Police, no more than three (3) employees shall be granted time off at the same time. With regard to local meetings, they shall be limited to a maximum of twelve (12) per year. A certificate of attendance to the State or national convention shall be submitted by the representative so attending. The time off granted shall be for a period inclusive of the duration of the convention with a reasonable time allowed for time to travel to and from the convention.
B. Authorized representatives of the PBA shall be permitted to visit Police Headquarters of the Office of Chief of Police or the Office of the Commissioner of Public Safety for the purpose of ascertaining whether or not this Agreement is being observed. This right shall be exercised reasonably and on at least three (3) days written notice to the Borough Clerk and Chief of Police.
C. During negotiations, the Association representatives so authorized by the Wildwood Crest Police Department, not to exceed four (4), shall be excused from their normal duties for such periods of negotiations as are reasonable and necessary.ARTICLE V
RETENTION OF CIVIL RIGHTS
Employees shall retain all civil rights under New Jersey and Federal laws.
The Borough and the PBA agree that each provision of this Agreement shall equally apply to all covered employees and that there shall be no harassment or intimidation of, interference with, or illegal discrimination against an employee because of: age, sex, race, creed, skin color, national origin, nationality, ancestry, marital or civil union status, disability, handicap, genetic information, affectional or sexual orientation, blood trait, political activity, United States or State Armed Services activity. Harassment shall also include sexual harassment. All references to employees in this Agreement refer to both sexes and wherever the male gender is used, it shall be construed to include both male and female employees.
ARTICLE VI
RETIREMENT A. Employees shall retain all pension rights under New Jersey Law and Ordinances of the Borough of Wildwood Crest.
B. At the discretion of the Chief, employees may take off all holidays, vacation days, personal days and compensatory time consecutively, ending at the employee’s date of retirement. A letter of intent must be filed with the Borough at least ninety (90) days prior to the requested time off. Authorization will not be unreasonably withheld unless the pressures of work determine that accumulated time can not be charged off prior to retirement. The above mentioned leave time may also be cashed out within the limits imposed in this Agreement, but not until the next fiscal year, unless the funds are available in the current fiscal year as certified by the Chief Financial Officer.
C. In the event a retired employee, or an employee who has completed twenty-five (25) years of service, dies before his/her spouse, the spouse shall continue to be eligible as a dependent under the medical benefits package plan, but shall be terminated upon remarriage. Children of the deceased retiree, or of an employee who dies prior to retirement with at least twenty-five (25) years of service, shall be eligible as a dependent until said child reaches age twenty-six (26), provided the surviving spouse elects to receive the monthly pension benefit and not the lump sum 3.5 times the employee’s annual salary benefit.
Effective for dependents of employees hired on or after January 1, 2013, this provision shall apply only where the employee is killed in the line of duty or retires on an accidental disability pension.
D. Both parties affecting the terms and conditions of this Agreement shall not in any form whatsoever negotiate away the rights of retirees guaranteed by this (or prior) contract or to otherwise permit the lessening of any benefit which is presently (or formerly) provided. Effective January 1, 2013, no employee may add a dependent upon or after retirement to be covered by any provision of this Agreement.
ARTICLE VII
EXTRA CONTRACT AGREEMENT A. The Borough agrees not to enter into any other agreement or contract with officers of the Wildwood Crest Police Department below the rank of Lieutenant, individually or collectively, which in any way conflicts with the terms and provisions of this Agreement.ARTICLE VIII
LEAVES OF ABSENCE A. A leave of absence without pay may be granted for good cause to any permanent employee for a period up to twelve (12) months, subject to the provisions of the New Jersey Department of Personnel Rules and Regulations. Such leave shall be granted at the sole discretion of the Commissioner of Public Safety after recommendation from the Chief of Police.
B. Family Leave of Absence will be granted in accordance with the provisions of the “Federal Family and Medical Leave Act” (FMLA) and the “New Jersey Family Leave Act” (NJFLA) and the regulations promulgated pursuant to those statutes; as well as the Family Leave Policy adopted by the Borough of Wildwood Crest. Under the provisions of the FMLA, an employee may take a leave entitlement limited to a total of 12 workweeks during any 12-month period for any one or more of the reasons set forth under the FMLA. Under the provisions of the NJFLA, an employee may take a leave entitlement limited to a total of 12 weeks in any 24-month period for any one or more of the reasons set forth under the NJFLA. An employee shall be entitled to leave for the employee’s own serious health condition (FMLA only), or the need to care for a spouse, child or parent with a serious health condition. In addition, an employee may take leave to care for a parent, child or parent-in-law. The circumstances under which leave may be taken vary depending on the type of leave requested and the Borough will grant leave in accordance with the provisions of the NJFLA, FMLA and the judicial decisions interpreting the requirements of each Act. Employees taking FMLA or NJFLA leaves will be required to use accrued sick leave, vacation and administrative leave concurrent with the approved leave. The Borough retains all rights to require proper certification from a health care provider pursuant to all applicable laws.
ARTICLE IX
WORK WEEK A. Work Week
The present average working week of forty-two hours shall continue in effect. The employee’s regular hourly rate of pay is defined as the employee’s annual base pay divided by 2,184 hours. In reliance upon the foregoing, and based upon the additional hours worked throughout the year, above and beyond the “normal” forty (40) hour work week, it is further understood and accepted by and between both parties that the one-hundred and four (104) hours of pay, as permitted by the bargained agreement, is being provided as full and complete compensation in lieu of additional hours worked between 2080 hours, which represents the standard 40 hour work week, and the 2,184 hours actually worked.
B. Overtime
1. If an employee is required to work longer than his/her scheduled tour of duty, he will be paid at the rate of time and one-half for each hour worked.
2. Overtime shall be distributed as equitably as possible and all permanent employees shall be expected to work a reasonable amount of overtime when requested by the Borough. When the Borough assigns overtime, the permanent employees shall have preference over temporary or seasonal employees.
3. Employees shall have their choice of receiving cash at the rate of time and one-half for each overtime hour worked, or for compensatory time off at the rate of time and one-half for each overtime hour worked, provided the approval of the Chief of Police is obtained for any such compensatory time and so long as any such compensatory time is not in violation of the Federal Minimum Wage and Hour Law. Such request for compensatory time off shall be granted on a uniform basis with standard rules and regulations applying to all employees who make this request. It is agreed that between June 15 and Labor Day, each officer shall be allowed to exhaust available compensatory time at the discretion of the Chief of Police. Such requests shall not be unreasonably or arbitrarily denied. All requests are to be made in writing not more than thirty (30) days prior to the time requested and all requests must be either approved or disapproved within seventy-two (72) hours of the request.
C. Call Back
If an employee is recalled to duty, he will be paid at the rate of time and one-half with a minimum of four (4) hours overtime, but an employee who remains on duty at the conclusion of a regular tour of duty, or is called into duty immediately prior to the start of his/her regular shift, will not be entitled to any minimum amount of overtime pay.
D. Court Time
Off-duty time devoted to court appearances shall be compensated in accordance with Article XXIII.
E. Stand By
When an employee is required to stand by at his/her residence, he shall be compensated for such stand-by time at his/her regular rate of pay.
F. 1. Amount of Compensatory Time
a. Effective January 1, 2007, no employee shall be permitted to accumulate more than two hundred and forty (240) compensatory hours. Any employee who has accumulated more than two hundred and forty (240) compensatory hours as of December 31, 2006 shall be frozen at that number and shall not be allowed to accumulate any more compensatory hours until such time as the employee’s total compensatory hour bank drops below two hundred and forty (240) compensatory hours.
b. Effective January 1, 2007, new employees hired after 1/1/2007 shall be permitted to accumulate no more than one hundred and twenty (120) compensatory hours.
2. Sell Bank of Compensatory Time
a. Upon the mutual agreement of the Borough and an employee, an employee may sell back to the Borough eighty (80) hours of compensatory time. Notification of this pay option is to be given to the Treasurer's Office no later than November 1st of the previous year. Payment will be in a lump sum on a regular payday of the employee's option. Sell back of additional days may be granted by the Borough based upon the Borough's ability to pay as Certified by the Chief Financial Officer. The procedure for requesting payment for these additional days shall be the same procedure as for the first eighty (80) hours, except that the deadline for requesting payment may be extended by the Chief Financial Officer based upon the availability of funds.
b. Notwithstanding subsection 2a above, the Borough may unilaterally elect to buy back all accumulated compensatory hours above two hundred and forty (240) without the agreement or consent of the employee.
G. Meetings
Two (2) Departmental meetings may be called per year by the Chief anytime the need arises, to be paid in straight compensatory time. Any additional meetings will be paid at a rate of time and one-half.
ARTICLE X
VACATIONS A. Annual vacations shall be granted as follows:
First year………………………………….. Eight hours for each month worked
From 2 through 9 years…………………… 120 hours
From 10 through 14 years………………… 160 hours
From 15 through 19 years………………… 200 hours
From 20 to retirement…………………….. 240 hours
B. Effective for employees hired on or after January 1, 2013, annual vacations shall be granted as follows:
First Year Eight hours for each month worked
2 through 9 years 120 hours
10 through 14 years 160 hours
15 years through retirement 200 hours
C. Vacations shall be chosen by grade, then by seniority, and shall be taken from Labor Day to June 15th, excluding Memorial Day weekend. Memorial Day weekend runs from 4:00 p.m. Friday to 11:59 p.m. Monday. Vacations and holiday leave which encompass the major holidays: Easter, Thanksgiving, Christmas and New Year’s Day shall be equitably divided among the members of the individual squads. An employee shall not be recalled from his/her vacation leave except in cases of dire emergency. All vacations must be sanctioned by the Chief of Police or his/her designee, and can be carried over to the next succeeding year only if the appointing authority determines that it cannot be taken because of pressure of work. Any vacation taken from Labor Day through June 15th shall be taken in a minimum of five (5) consecutive day increments, whenever possible, as determined by the personnel officer and/or the Chief of Police. In the event the twelve (12) hour shift schedule is in effect, any vacation taken from Labor Day through June 30th may be taken in a minimum of two (2) or three (3) consecutive day increments, whenever possible, as determined by the Chief of Police or his/her designee.
D. Vacations and Holidays shall be taken as outlined in Article X and Article XI and shall be chosen in two (2) steps. Step 1 will include all Vacation, then Holidays, to be taken from the Monday after January 1st through June 15th, excluding Memorial Day weekend.
Step 2 will include remaining Vacation, then Holidays, to be taken from the day after Labor Day through the Sunday after January 1st. Vacations will be chosen first, by grade, then seniority, after which time Holidays will be chosen through the same process. It will be the responsibility of the Squad Sergeant, or his/her designee, to ensure that time remaining for the Squad after Step 1 is completed, does not exceed the amount of calendar time available for Step 2. Deadlines for each step to be submitted to the Chief of Police shall be determined on a yearly basis by the Chief or his/her designee. Seniority referenced in this section shall pertain to all members of each individual squad, to include all employees of the Wildwood Crest Police Department.
ARTICLE XI
HOLIDAYS A. 1. Employees covered under this Agreement shall be entitled to a total of one hundred twelve (112) holiday hours per year which shall be set forth prior to each year in a Police Officers’ Holiday Schedule that may or may not include dates that coincide with any other holiday schedule provided for any other group of Borough employees. The specific dates of the holidays designated in the Police Officers’ Holiday Schedule shall be those dates upon which the holidays actually fall. In addition, the employee shall be entitled to thirty-two (32) personal holiday hours which may be taken, with the permission of the Chief of Police, at any time during the calendar year. An employee shall not be recalled from holiday leave except in cases of dire emergency.
2. Employees covered under this agreement shall be entitled to receive additional holiday hours above the one hundred twelve (112) specified in the Police Officers’ Holiday Schedule only if such additional holidays are declared by federal, state, or local government and result in an increase in the total number of holidays provided to other Borough employees, thereby exceeding a total of fourteen (14) in any calendar year.
B. Employees who are scheduled to work on any of the holidays designated in the Police Officers’ Holiday Schedule shall receive another eight hours off in lieu of that specific holiday which was worked plus an additional one-half hour of compensatory time for every one hour actually worked on the day on which one of the fourteen ‘police borough holidays’ actually fall.ARTICLE XII
SICK LEAVE A. Service Credit for Sick Leave.
1. All employees shall be entitled to sick leave with pay as specified hereunder.
2. Sick leave may be used by employees who are unable to work because of personal illness or injury, exposure to contagious disease, care for a reasonable period of time of a seriously ill member of the employee’s immediate family.
3. Medical emergency, including childbirth, in the immediate family residing with the employee. No more than three (3) days may be granted for this request.
B. Amount of Sick Leave.
1. Sick Leave with pay shall accrue to any full-time employee on the basis of eight (8) working hours per month during the remainder of the first calendar year of employment after initial appointment.
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 purpose.
3. Sick Leave is earned at the rate of eight (8) working hours for each month of actual employment during the first calendar year.
After their first year of service, employees will be credited with one hundred and twenty (120) working hours Sick Leave at the beginning of the calendar year in anticipation of continued employment for the full calendar year and may be permitted to use Sick Leave for the reasons defined above.
4. The employee must reimburse the Borough within one (1) year in cases where sick time is credited in advance, taken with pay, but not actually earned by the employee. The Borough reserves the right to take appropriate action to recover monies uncollected. In the event an employee owes the Borough money for time credited, taken, but not actually earned, the Borough reserves the right to withhold from the employee’s pay monies to be paid to the Borough as reimbursement to the Borough as a result of owed time. Where an employee is no longer in the employ of the Borough, the Borough reserves the right to apply all or part of the employee’s wages from the employee’s last paycheck by way of reimbursement of owed time.
C. Reporting of Absence on Sick Leave.
1. If an employee is absent for reasons that entitle him to Sick Leave, whether of short or long duration, the employee is required to notify the Chief of Police or his designee of the general reason for absence in accordance with the Standard Operations Procedure (SOP) of the Department subject to the application of HIPAA regulations.
2. Failure to so notify the Chief of Police or his designee may be cause for denial of the use of Sick Leave for that absence and constitute cause for disciplinary action.
3. Absence without notice for five (5) consecutive tours of duty for an employee assigned to an eight (8) hour tour of duty shall constitute a resignation not in good standing. Absence without notice for three (3) consecutive tours of duty for an employee assigned to a twelve (12) hour shift shall constitute a resignation not in good standing.
D. Verification of Sick Leave.
(a) An employee who has been absent on Sick Leave for two (2) or more consecutive tours of duty may be required to submit medical evidence substantiating the illness to the Chief of Police or his designee.
1. An employee who has been absent on Sick Leave for periods totaling more than four (4) tours of duty in one calendar year consisting of periods of less than two (2) tours of duty shall have his or her Sick Leave record reviewed by the Borough and thereafter may be required to submit acceptable medical evidence for any additional Sick Leave in that year. When an illness is of a chronic or recurring nature causing occasional absences of one day or less, one proof of illness shall be required for every six month period. The proof of illness must specify the nature of the illness and that it is likely to cause periodic absences from employment.
2. The Borough may require proof of illness of an employee on Sick Leave, whenever such requirement appears reasonable and further may adopt such other Sick Leave verification procedures as it may deem appropriate. Abuse of Sick Leave shall be cause of disciplinary action.
(b) In the case of leave of absence due to exposure to contagious disease, a certificate from the Board of Health shall be required prior to the employee’s return to work.
The Borough may require an employee who has been absent because of personal illness, as a condition of his return to work, to be examined at the expense of the Borough by a physician or other designated health care provider designated by the Borough. Such examination shall establish whether the employee is capable of performing his normal duties and that his return to work will not jeopardize the health or safety of other employees. All such examinations shall be on the employee’s own time and will not be compensated by the employer.
E. Payment at Retirement.
Effective January 1, 2013 any employee upon retirement who is eligible for compensation in accordance with Chapter 46 of the Borough Code, shall be entitled to compensation not to exceed $15,000.00 which shall be paid in the first pay period after final adoption of the municipal budget in the year subsequent to the employee's effective date of retirement, unless requested by the employee to be paid in equal installments over a one (1), two (2), or three (3) year period. Notice shall be provided in accordance with Article VI of this Agreement. The parties agree that should the State of New Jersey enact a law that reduces a cap of $15,000 then the parties agree that this shall become effective immediately, regardless of the contract terms.
F. Payment upon Death.
In the event of the death of an employee prior to his/her retirement, his/her estate shall be compensated for any already earned unused vacation, holiday and overtime accrued by said employee; also, one-half of his/her accumulated sick time. Compensation shall be made at the employee's regular hourly rate of pay, which shall be defined as the employee's base pay divided by 2,184.
G. Sick Leave Incentive.
The Borough shall grant sixteen (16) compensatory hours to each officer’s accumulated time at the conclusion of each calendar year in the event no sick time is charged to the officer during that entire previous year. Likewise, eight (8) hours will be added if the office is only charged with one (1) sick day.
ARTICLE XIII
INSURANCE, HEALTH AND WELFARE A. Hospitalization, Medical Care, Prescription Drug Benefits.
1. The Borough agrees to provide hospitalization insurance through the New Jersey State Health Benefits Plan, as it exists or as modified by the New Jersey State Health Benefit Plan (or any other substantially similar health benefit plan), including any changes in co-pays or deductibles that may be implemented by the New Jersey State Health Benefit Plan, for all employees and eligible dependents covered by this Agreement.
The Borough shall also provide a Co-Pay Prescription Plan for employees and dependents through the New Jersey State Health Benefits Plan. The co-payment shall be determined by the New Jersey State Health Benefits Plan and may be subject to future changes to reflect the then applicable NJSHBP Plan prescription co-pays.
All employees shall pay a cost contribution for Health Insurance Plan coverages in accordance with P.L. 2011, Chapter 78, Pension and Health Benefits Reform Law adopted June 28, 2011 or, if hired after January 1, 2011, three (3%) percent of their base wages, whichever is greater. Payments shall be made by way of withholdings from each employee’s payroll checks. The required employee payments will be made in 24 equal bi-weekly payroll deductions. The Borough shall establish and adopt a Section 125 Plan so that said contribution would be “pre-tax”.
2. In addition, the Borough shall provide a $15,000.00 term life insurance policy, the beneficiary to be designated by the employee. In the event that no beneficiary is designated, the beneficiary shall be the Estate of the employee.
3. The Borough may, at its option, change any of the existing insurance plans or carriers or may self-insure so long as substantially similar benefits are provided.
4. The Borough shall provide “Well Health” for the spouse/Officer with a limit of $200.00 which may only be applied to a pap smear and exam and/or mammography and exam. The spouse/Officer will be provided with a limit of $100.00 for a prostate examination.
5. Dental and Vision Benefits.
The Borough shall continue to provide Dental and Vision coverage in accordance with the Exhibits annexed hereto and made a part hereof by reference as if fully set forth herein except that the calendar year maximum Dental payments effective January 1, 2011 going forward shall be:
$600 per employee only
$1200 per employee and one dependent
$2000 per employee and two or more dependents
and
the calendar year maximum Vision payment shall be:
$100 per participant for contact lenses or glasses
The Borough, at its sole discretion, retains the right to select and change the providers of its Dental Plan and Vision Plan during the term of this Agreement, so long as the benefits provided are substantially similar to the current coverage. Selection of the providers is a managerial prerogative not subject to the terms of this collective bargaining agreement.
B. Insurance Upon Retirement
1. Upon retirement under the Police and Fireman’s Pension System, the Borough shall provide the retiring employee and his/her family with all insurance coverage listed in Section A of this Article, and shall continue said coverage until the death of said employee, subject to the provisions of Article VI, Section C, and in accordance with the provisions of N.J.S.A. 40A:10-23 as well as P.L. 2011, Chapter 78, Pension and Health Benefits Reform Law adopted June 28, 2011.
2. All such provisions for continued insurance coverage for retiring employees shall be in accordance with all applicable statutes and state regulations in effect at the time of the employee’s retirement.
C. Physical Exam
The Borough shall provide each employee a complete physical examination annually at the employee’s request. Said examination shall consist of a comprehensive physical examination, a blood profile, urinalysis and hearing tests. EKG or chest x-ray may be provided if the examining doctor feels that these additional tests are needed. Whenever possible, the employee’s health insurance shall be used to cover the cost of any test or lab work. The “basic” physical examination will be done by the employee’s own doctor with a limit of $75.00 paid directly to the doctor. Results of the examination will be forwarded to the Chief of Police as well as the employee on a properly completed and signed Borough form.
D. Legal Representation
1. In accordance with N.J.S.A. 40A:14-144 whenever an Employee covered by this Agreement is a defendant in any action or legal proceeding arising out of and directly related to the lawful exercise of police powers in the furtherance of his/her official duties, the Borough shall provide said Employee with the necessary means for the defense of such action or proceeding. In the event that an Employee utilizes counsel other than that supplied by the Borough, and fees and costs shall be agreed upon by the attorney and the Borough prior to the attorney performing such services.
The above does not apply for the defense of an Employee in a disciplinary proceeding instituted against him/her by the Borough or in criminal proceeding instituted as a result of a complaint on behalf of the Borough. If any such disciplinary or criminal proceeding instituted by or on complaint of the Borough shall be dismissed or finally determined in favor of the Employee, he/she shall be reimbursed for the expense of his/her defense.
2. The Borough shall supply to all police employees necessary legal advice and counsel in the defense of charges filed against them in performance of their duty of the settlement of claims for personal injury, death or property damage arising out of or in the course of their employment, and the Borough shall pay and satisfy all judgments against said employees from said claims, except to the extent that such judgments include punitive damages, and with regard to punitive damages, only to the extent that indemnification for such punitive damages is not contrary to law or public policy.
E. Death/Disablement of an Officer
1. In the event that an officer is killed or permanently disabled in the line of duty, the above described insurance coverage shall be continued in effect by the Borough for his/her benefit or the surviving spouse of such officer until his/her death or remarriage, as well as for all surviving unmarried children of such officer until they reach the age of twenty-three (23) years, who are dependent upon the officer for support and maintenance, but shall not include a spouse or child while service in the military service.
2. The Borough shall pay the sum of $10,000.00 for funeral expenses of any employee killed in the line of duty to the estate of said employee.
F. Worker’s Compensation Coverage
If an employee is incapacitated in the line of duty, whereby an injury or illness is determined to be compensable by the third party administrator after examination/determination by the authorized treating physician, in accordance with the provisions of NJSA Title 34, that employee shall be entitled to injury leave with full pay during the period in which employee is unable to perform assigned duties. This period shall not exceed one (1) year. The Borough is to be reimbursed temporary disability payments, for which employee would otherwise be entitled, during any/all period(s) employee is being provided injury leave with full pay. Should injury leave extend beyond one (1) year for a particular illness or injury, employee shall receive workers’ compensation benefits directly as provided at law.
ARTICLE XIVEXCHANGE OF DAYS OFF A. The member may request, and the Chief or his designee may grant, the request of any member of the department to exchange hours, duties or days off with another officer of equal rank pursuant to the rules and regulations of the Chief of Police or his/her designee. Such requests shall be granted on a uniform basis with standard rules and regulations applying to all employees making this request. Such requests shall not be unreasonably or arbitrarily denied. All requests are to be made in writing.ARTICLE XV
CLOTHING ALLOWANCE A. Uniforms
The Borough shall furnish an initial issue of uniforms to all new police officers consisting of those items listed on Exhibit "C" of this Agreement entitled "Uniform Items/Initial Issue and Replacement”.
1. As determined by the Chief, uniforms and/or replacement equipment damaged or lost in the line of duty shall be replaced by the Borough within ten (10) calendar days of the receipt/notification, unless the damage/loss is caused by negligence of the officer.
2. Any defective service weapon, when determined by the training officer or his designee to be defective, shall be replaced immediately by the training officer or his designee.
3. The Borough reserves the right to inspect all damaged equipment and uniforms and all damaged equipment/uniforms shall become the property of the Borough.
4. Personal items damaged or destroyed in the line of duty shall be replaced by the Borough, provided reasonable costs therefore are mutually agreed upon. The Borough reserves the right to inspect all damaged items and all damaged items shall become the property of the Borough.
5. Upon retirement or resignation, all uniforms/equipment shall be returned to the Borough. The retiring or resigning Employee shall meet with the Chief’s designee at which time a complete inventory of said equipment and uniforms will be completed.
6. Clothing/equipment to be issued initially and/or upgraded/replaced shall be pursuant to existing Department SOPs, as attached, at a minimum standard. Upon determination of need by the Chief, it is understood and agreed that all replacement and initial issue clothing shall be new.
B. Plain-Clothes Assignment Allowance.
The Borough shall provide to permanent members of the police department on year plain-clothes assignment a clothing allowance of Five Hundred Fifty Dollars ($550.00). Permanent employees on seasonal plain-clothes assignment shall be provided with an annual allowance of One Hundred Fifty Dollars ($150.00).
ARTICLE XVI
TEMPORARY LEAVES OF ABSENCE
A. Employees may be granted time off without deduction from pay or time owed for the following requests, which must be made in writing and approved by the Chief of Police or his/her designee:
1. Death in the immediate family, from the date of death, to and including the day of the funeral. Up to twenty-four (24) hours may be granted. If additional time is needed, it may be taken as vacation or holiday time, subject to the approval of the Chief of Police, regardless of the time of year.
2. Immediate family shall consist of spouse, children, step-children, brother, sister,
parents, step-parent, parent-in-law, brother-in-law, sister-in-law, grandparents and grandchildren
of employee or spouse.
3. Any time off granted under this Article shall not be deducted from any other time or benefit owed the employee.
B. Military Leave
1. Military leave shall be granted pursuant to state and federal regulations. An officer who is a member of the Armed Forces Reserve and/or National Guard unit shall notify the Chief of Police and the Borough Administrator in writing immediately upon receipt of dates of intended encampment.ARTICLE XVII
GRIEVANCE PROCEDURE A. Purpose
The purpose of this grievance procedure shall be to settle all grievances between the parties covered by this Agreement as quickly as possible, so as to assure efficiency and to promote employee morale. For the purpose of this Article, a grievance shall be defined as a controversy arising over the interpretation, application, or violation of policies, agreements and administrative decisions affecting the employees of the Wildwood Crest Police Force.
Grievances include minor discipline that provides for suspension but not for oral warnings, written reprimands, performance reviews or notices, affecting any employee covered by this Agreement.
B. 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, in writing, by mutual consent. The completion of the entire grievance procedure as outlined below shall be a condition precedent to the institution of any civil court action or any administrative procedure through any federal or state agency with regard to any grievance arising under the terms and conditions of this Agreement. Any time limits specified below shall be exclusive of Saturdays, Sundays, and legal holidays.
STEP ONE: The aggrieved employee shall institute an action under the provisions hereof within twenty (20) days of the date of notice, occurrence, and/or knowledge of the event giving rise to the grievance by filing a written summary of said grievance with the Chief of Police. Failure to act within said twenty (20) days shall be deemed to constitute an abandonment of the aggrieved employee, or the PBA on his/her behalf, to process the grievance through the steps of the grievance procedure.
STEP TWO: The Chief of Police or his/her designee shall convene a meeting with the aggrieved employee to discuss said grievance. The Chief of Police shall make an earnest effort to resolve the matter informally. However, if the matter cannot be resolved informally, then the Chief of Police or his/her designee shall render a decision, in writing, within twenty (20) days of receipt of the grievance.
STEP THREE: In the event that the grievance is not satisfactorily settled within Steps One and Two above, then a copy of the grievance, along with a copy of the results of the Chief’s decision, shall be forwarded to the Commissioner of Public Safety by the Grievant. The Commissioner of Public Safety shall thereupon render a decision in writing within twenty (20) days after receipt of the grievance.
STEP FOUR: Arbitration/Appeals to the Department of Personnel.
Any grievance arising over the interpretation, application, or violation of the provisions of this Agreement which has not been satisfactorily resolved within Steps One through Three above, may be submitted to arbitration or, where appropriate, an appeal may be made to the Department of Personnel within twenty (20) days following the determination of the Commissioner of Public Safety. In the event an appeal is made to the Department of Personnel, a filing for arbitration shall be withdrawn, with the filing party bearing the cost of the same. The selection of an arbitrator under this Article shall be made from a list provided by the State of New Jersey Public Employment Relations Commission. 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. Only one (1) issue shall be submitted to an arbitrator unless the parties agree otherwise. The cost of the service of the arbitrator shall be borne equally by the Borough and the Association. Any other expenses including, but not limited to the presentation of witnesses, shall be paid by the party incurring same.
C. Managerial Prerogative
Nothing contained in this Article shall be construed as conferring any right by an employee to invoke the grievance procedure and/or binding arbitration with respect to a disciplinary penalty or any other matter which has been determined by law to be within the sphere of managerial prerogative.
ARTICLE XVIII
COMMENDATION AND HONORABLE MENTION A. Compensatory time of sixteen (16) hours shall be given for any commendation during the term of this contract.
B. Compensatory time of eight (8) hours shall be given for any honorable mention during the term of this contract.
A. An awards committee of not more than three (3) persons, to be elected by majority, shall be responsible to recommend meritorious service of any officer to the Chief of Police and Director of Public Safety for their consideration. The term of this committee shall run concurrent with this contract.ARTICLE XIX
PATROL CARS A. Patrol Cars
1. The Borough agrees to provide air-conditioned patrol cars with AM radios and heaters. In addition, the patrol car shall contain a complete police package.
2. The Borough agrees to provide the following protective and safety items. Said items shall be installed in all patrol cars and shall be replaced or repaired if damaged.
a. A protective cage located between the front and rear seats. The cage shall be the type with a built-in roll bar.
b. Shotguns with appropriate locked racks, the keys to which are to be supplied only to officers certified by the Chief of Police as qualified to handle shotguns by virtue of special training.
c. Appropriate warning lights, spotlights, and alley lights all mounted on the exterior area of the patrol car.
d. One (1) portable radio, and flashlight for every man assigned to the vehicle.
B. Safety Equipment
The Borough shall provide additional safety equipment to be retained at Police Headquarters for the officers’ use. That safety equipment is as follows:
1. Safety ear phones for range use.
2. Body armor or flack vests available to all shifts.
3. Helmets and gas masks available to all shifts.
C. Patrol cars shall be maintained as is present policy.
ARTICLE XX
SALARY AND WAGES
A. Effective January 1, 2013, a new WAGE GUIDE shall apply to all bargaining unit members. The new WAGE GUIDE is attached to this Agreement as Exhibit “A”.
B. All current officers shall be slotted at a step so that no officer will make less in total wages than they made in each preceding year. All current officers shall receive the posted wage on each January 1st except that officers promoted to Sergeant after the expiration date of this agreement shall only attain Sergeant I status. For the duration of the agreement, except for promotions, the current officers shall be placed on the new wage guide as set forth in Exhibit A attached to this Agreement. After December 31, 2015, all current officers will be entitled to advance to the next step on the wage guide on January 1, 2016 and will continue to do so annually until top step is reached.
C. Any Employee promoted to Sergeant shall receive the greater of Five Thousand ($5,000) Dollars or twenty-five (25%) percent of the differential between their current step or rank and that of the rank position being promoted to for each year until the Employee reaches the appropriate negotiated pay for Sergeant I.
D. After December 31, 2015, all Sergeants shown on Exhibit A will be entitled to advance to the next step on the wage guide on January 1, 2016 and will continue to do so annually until top step is reached. For Officers promoted during the period January 1, 2013 through December 31, 2015, upon reaching the appropriate negotiated pay for Sergeant I shall remain at Sergeant I until December 31, 2015 and thereafter shall move to the Sergeant II rate on the next January 1st and to the Sergeant III rate on the following January 1st . As set forth in paragraph B above, any officer promoted to Sergeant on or after January 1, 2016 shall only attain Sergeant I status.
E. All officers hired on or after January 1, 2013 shall be on the First Year of the wage guide and shall move to the Second Year effective January 1st immediately following his/her appointment and shall move diagonally through the wage guide each January 1st thereafter until reaching the Nineteenth Year. Employees hired after June 30th of any year shall be placed on the First Year of the wage guide and shall move only horizontally on the wage guide effective January 1st and shall move horizontally on the wage guide effective the January 1st immediately following his/her appointment. The employee shall move diagonally to the Second Year on the wage guide on the second January 1st following his/her appointment and will continue to do so annually until top step is reached. However, no officer hired during the duration of this contract will advance on the Wage Guide beyond that of the lowest slotted Officer as shown on Schedule A.
F. Effective January 1, 2013, no additional compensation shall be paid to any employee for any college credits.
G. Effective January 1, 2013, no additional compensation shall be paid to any employee as a clothing allowance.
H. Any Officer assigned to plain-clothes or the Detective Division on a full time, year round basis shall receive a Five Hundred ($500.00) Dollar annually. This amount shall be prorated in the event the assignment is for less than a full year. Notwithstanding the above, such pay shall be payable to those officers who are certified by the Chief of Police as a qualified plain-clothes or detective by virtue of special training.
I. Based upon the additional hours worked throughout the course of the year, above and beyond the “normal” forty (40) hour work week, it is further understood and accepted by and between both parties that the one-hundred and four (104) hours of pay, as currently permitted, is being provided as full and complete compensation in lieu of additional hours worked between 2080 hours, which represents the standard forty (40) hour work week, and the 2184 hours actually worked.
J. Compensation for an officer who is assigned duty as shift commander or who serves in place of a Sergeant shall, if so designated by the Chief of Police, receive the assigned title of “officer in charge” (O.I.C) with an increased salary of $500.00 for 2013, $750.00 for 2014 and $1,000 for 2015. This increased salary shall be for the period of the assignment only. This position is non-civil service in nature, is assigned by the Chief of Police in the same fashion as that of detective based solely upon merit, and the affected officer(s) will receive the payment as described in this paragraph on the last payday on December provided said O.I.C. served the entire year. In the event that the O.,I.,C. is not serving satisfactorily, upon evaluation review by the Chief, Captain, and Shift Sergeant, a new O.I.C. will be chosen and a pro-rated amount will be provided for the period served. No Sergeant and O.I.C. from any one shift may be scheduled off at any one time. The O.I.C. shall only be responsible for the shift in the absence of the Sergeant on that shift. ARTICLE XXI
PROBATIONARY PERIOD A. An employee will be considered probationary until he has completed one (1) year of service following his date of hire. During such period the employee may be terminated at the discretion of the Borough. It is not intended that this Section shall bare any relationship to Article XX including the compensation to be paid to new employees during the Academy and Probationary Steps of the Salary Guide.
B. For the purpose of seniority and longevity, the original date of permanent/provisional full time employment shall be used.ARTICLE XXII
COURT TIME A. Should it become necessary for an employee to appear in court, he shall be paid as follows:
1. For a county or superior court, he shall receive time and one-half of each hour in court with a four (4) hour minimum guarantee. Pay shall be awarded when the employee participates on off-duty time. If at all possible, court will be scheduled during the officer’s tour of duty.
2. For municipal court, he shall receive a minimum of two (2) hours at time and one-half. Payment shall be awarded when the employee participates on off-duty time. If at all possible, court will be scheduled during the officer’s tour of duty. The Borough will provide a three (3) hour minimum for employees whose court appearance is required in a municipal court which is “Off the Island.”
3. When an officer is subpoenaed to civil court for a case resulting from an incident in the officer’s line of duty, he shall receive time and one-half for each hour in court with a four (4) hour minimum guarantee, and a patrol vehicle shall be provided for cases out of the county. In the event there is no vehicle available, the Borough shall compensate the officer at the rate of eighteen ($0.18) cents per mile for the use of a private vehicle.ARTICLE XXIII
INVESTIGATION OF POLICE OFFICERS A. In an effort to insure that departmental investigations are conducted in a manner which is conducive to good order and discipline, the following rules are hereby adopted:
1. The interrogation of a member of the force shall be at a reasonable hour, preferably when the member is on duty, unless the exigencies of the investigation dictate otherwise.
2. The interrogations shall take place at a location designed by the Chief of Police. Usually it will be at Police Headquarters or the location where the incident allegedly occurred.
3. The member of the force shall be informed of the nature of the investigation before any interrogation commences. Sufficient information to reasonably apprise the members of the allegations should be provided. If it is known that the officer is being interrogated as a witness only, he should be so informed at the initial contact.
4. The questioning shall be reasonable in length. Fifteen (15) minutes time shall be provided for personal necessities, meals, telephone calls and rest periods at the end of every two (2) hours.
5. The member of the force shall not be subject to any offensive language, nor shall he be threatened with transfer, dismissal or other disciplinary punishment. No promise of reward shall be made as an inducement to answering questions.
6. At every stage of the proceedings the Department shall afford an opportunity for a member of the force, if he so requests, to consult with counsel and/or his/her Association representatives, before being questioned concerning a violation of the Rules and Regulations during the interrogation of a member of the force, which shall not delay the interrogation beyond one (1) hour for consultation with his/her Association representative, nor more than two (2) hours for consultation with his/her attorney. However, this paragraph shall not apply to routine day-to-day investigations.
7. In cases other than departmental investigations, if a member of the force is under arrest or if he is a suspect or the target of a criminal investigation, he shall be given his/her rights pursuant to the current decisions of the United States Supreme Court.
B. Nothing herein shall be construed to deprive the Department or its officers of the ability to conduct the routine and daily operations of the Department.
C. “Internal Affairs investigations shall be conducted in accordance with N.J.S.A. Procedures issued by the New Jersey State Attorney General.”
ARTICLE XXIV
RESIDENCY A. The Borough agrees that the employees of the Wildwood Crest Police Department may reside outside the limits of the Borough of Wildwood Crest, in accordance with the laws of the State of New Jersey.ARTICLE XXV
POLICE SCHOOLS A. Police employees shall be paid at their regular rate of pay for attending police resident schools when assigned by the police department.
B. The Borough agrees to compensate the employees at the rate of eighteen ($0.18) cents per mile for the use of his/her private vehicle when a police vehicle is not available while attending any assigned police school.
C. The Borough shall compensate the employee at the rate of up to twenty ($20.00) dollars per day while attending any residence school, excluding the initial Police Academy. These moneys are to be paid after the employee returns with the receipts.
D. When the Chief of Police or the training officer receives notice for availability of police training schools, they shall post a notice advising all members of the availability of said schools. The requests are to be granted on the basis of departmental need. Final determination shall be up to the police department training officer.
E. Training
1. Whenever an employee is required to participate in any non-residential departmental training occurring on his/her off-duty time, he shall be reimbursed at time and one-half in compensatory time or pay at the employee’s option.
2. Whenever an employee is required to participate in any departmental retraining occurring on his/her off-duty time, he shall be reimbursed at time and one-half in compensatory time.
F. When the school is not a residence school and daily commuting is not practical, the Borough will reimburse reasonable expenses for motel and thirty ($30.00) dollars per day for food, including one (1) day before reporting date if travel is necessary. These moneys are to be paid after the employee returns with receipts.
G. All employees who receive basic police training at Borough expense shall reimburse the Borough for the cost of such basic training and for such additional expenses incurred by the Borough in connection with said employment and training in the event such employee terminates his employment (whether voluntarily or involuntarily) with the Borough within three years from the date of entry into the police academy and becomes employed elsewhere in police or security related work within two years after termination of employment with the Borough. Reference herein to policy or security related work is intended to be broadly construed in favor of the Borough.
ARTICLE XXVI
MISCELLANEOUS PROVISIONS A. Each employee shall have access to his/her personnel file upon request. Said request will be granted on the same day the request is made or on the next regularly scheduled work day of the personnel officer (Monday through Friday, excluding holidays).
B. Employees shall be entitled to engage in any lawful activity and obtain lawful work while off duty, providing same does not conflict with his/her responsibilities as a police officer.
C. All employees shall be made aware of any charges concerning him/her. He shall have the right to remain silent until he consults an attorney of the PBA.
D. Any suspension and/or loss of benefits levied upon an employee by the employer must be in accordance with state and local law.
E. The Borough agrees to maintain an up-to-date law library of the New Jersey Statutes in the police room. Said library shall consist of:
1. Physician’s Desk Reference Drug Book
2. Title 24 – Food and Drug
3. Title 20 – New Jersey Code of Criminal Justice
4. Title 39 – Motor Vehicle Enforcement
F. Squad designations will be posted annually and may be changed to meet operational needs with thirty (30) days advance notice as required by the provisions of the Fair Labor Standards Act. It is hereby acknowledged that requested personal time off previously granted will be honored unless an emergency requires recall from duty.
G. Borough agrees to provide compensation or an instructor for the instruction of conversational French and/or Spanish to all employees who choose to participate.
ARTICLE XXVII
MANAGEMENT RIGHTS A. The Borough hereby retains and reserves 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.
B. Nothing contained herein shall be construed to deny or restrict the Borough of its rights, responsibilities and authority under R.S. 40 and R.S. 11, or any other national, state, county or local laws or ordinances.ARTICLE XXVIII
DURATION OF AGREEMENT A. This Agreement shall be effective January 1, 2013, through December 31, 2015. Bargaining for the next succeeding contract shall commence on or about August 1, 2015. In the event no agreement is reached between the parties by November 1, 2015, the parties agree to mediation and fact-finding pursuant to New Jersey Statutes Annotated 34:13A-1, et. seq. If an agreement is still not reached following mediation and fact-finding, the parties will agree to submit their issues to an arbitrator whose decisions on the terms of said collective bargaining agreement shall be binding on the parties. The arbitrator shall be selected in accordance with the rules and regulations of the Public Employment Relations Commission. The cost of said arbitration, including the arbitrator’s fee, shall be borne equally by the parties.
B. In the event that a new contract has not been agreed upon on the termination date of the Agreement, this contract shall remain in effect until a succeeding contract can be agreed upon. All terms of the succeeding Agreement shall be retroactive to the original termination date of this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written.
POLICEMAN’S BENEVOLENT ASSOCIATION BOROUGH OF WILDWOOD
LOCAL #59 CREST
By:___________________________ By:__________________________
Mayor
Dated:____________________ Dated:___________________
ATTEST: ATTEST:
____________________________ _____________________________
Dated:______________________ Dated:__________________
G:\CLIENTS\WWCREST\PBA\2012 NEGOTIATIONS\PBA Local #59 Contract.2013.doc
|