Contract Between
Hamilton Tp-Mercer
- and -
Hamilton Tp Superior Offrs Assn
* * *
01/01/2017 thru 12/31/2018


CategoryMunicipal
UnitPolice Superior Officers

Contract Text Below
AGREEMENT BETWEEN THE
TOWNSHIP OF HAMILTON

AND THE

HAMILTON TOWNSHIP SUPERIOR OFFICERS ASSOCIATION










JANUARY 1, 2017 THROUGH DECEMBER 31, 2018

TABLE OF CONTENTS

Page

ARTICLE I – PREAMBLE ............................................................................................................ 1

ARTICLE II – DEFINITIONS ........................................................................................................ 1

ARTICLE III – ASSOCIATION RIGHTS ..................................................................................... 2

ARTICLE IV – NO STRIKE CLAUSE.......................................................................................... 6

ARTICLE V – MANAGEMENT RIGHTS.................................................................................... 6

ARTICLE VI – ASSOCIATION DUTIES ..................................................................................... 7

ARTICLE VII – MANAGEMENT DUTIES TO THE UNION..................................................... 8

ARTICLE VIII – GRIEVANCE PROCEDURE ............................................................................ 9

ARTICLE IX – WAGES .............................................................................................................. 14

ARTICLE X – INCIDENTAL ECONOMIC BENEFITS ............................................................ 15

ARTICLE XI – LEAVE TIME ..................................................................................................... 25

ARTICLE XII – PENSION........................................................................................................... 33

ARTICLE XIII – INSURANCE ................................................................................................... 33

ARTICLE XIV – GENERAL PROVISIONS ............................................................................... 38

ARTICLE XV – PERSONNEL FILE ........................................................................................... 39

ARTICLE XVI – POLITICAL ACTIVITY .................................................................................. 39

ARTICLE XVII – SAFETY COMMITTEE ................................................................................. 39

ARTICLE XVII – SECONDARY EMPLOYMENT ................................................................... 40

ARTICLE XIX – EQUIPMENT OPERATION AND SAFETY.................................................. 41

ARTICLE XX – RULES AND REGULATIONS ........................................................................ 41

ARTICLE XXI – HEADQUARTERS EATING FACILITIES .................................................... 41

ARTICLE XXII – OFF DUTY POLICE ACTION ...................................................................... 42

ARTICLE XXIII – POLICE SERVICES...................................................................................... 42

ARTICLE XXIV – FAMILY LEAVE .......................................................................................... 43

ARTICLE XXV – BILL OF RIGHTS .......................................................................................... 44

ARTICLE XXVI – TERM OF AGREEMENT ............................................................................ 48

APPENDIX A – SALARY GUIDE.............................................................................................. 50

ARTICLE I
PREAMBLE



This contract entered into between the Township of Hamilton, County of Mercer and State of New Jersey, hereinafter referred to as “Employer”, and the Superior Officers Association (SOA), affiliated with the New Jersey State Policeman’s Benevolent Association as PBA Local 66A, (SOA), hereinafter referred to as the “Association” or “Union”, has as its purpose the promotion of harmonious relations between the Employer and the Association; the establishment of an equitable and peaceful procedure for the resolution of differences; the establishment of rates of pay, hours of work and other conditions of employment; and further, to promote the morale and protect the rights and privileges, well-being and security of Association members.



ARTICLE II DEFINITIONS



1. “Employer” means the Township of Hamilton.



2. “Association” or “Union” means Superior Officers Association.



3. “Employee” means any sworn Superior Officer of the Township holding the rank of
      Sergeant, Lieutenant or Captain.



4. “Emergency” means any situation which jeopardizes the public health, benefit, safety and welfare, as defined by State Law or Township Ordinance; and requires alteration of scheduled work hours, shifts, and/or personnel assignments.


5. “Chief” means the Chief of Police of the Township of Hamilton.

6. “Immediate Family” means spouse, children, parents, grandparents, brothers or sisters, mother-in-law, father-in-law, step-parents, son-in-law, and daughter-in-law or any relative living in the household of the employee.


7. “Day” means a calendar day of twenty-four (24) hours.



8. “Grievance” means any dispute, complaint, problem, issue or question arising with respect to conditions of employment or Township – employee relations of any type of nature or kind whatsoever within the authority of the Chief of Police or his delegates, or to those he delegates authority to act and any and all disputes arising under the Grievance Procedure in Article VIII.


9. “Tour Day” means any twenty-four (24) period beginning at 8:00 a.m. calendar day and ending 7:59 a.m. the next following calendar day.


10. “Longevity” means years of service in the Police and Fire Retirement System.



ARTICLE III ASSOCIATION RIGHTS



1. ASSOCIATION RECOGNITION



The Employer hereby recognizes the Association as the sole and exclusive collective bargaining agent for the unit consisting of all Sergeants, Lieutenants and Captains for the purpose of establishing salaries, wages, hours, and other conditions of employment.

2. ASSOCIATION BUSINESS


      a. The Township agrees to grant the necessary time off without loss of pay, benefit or time for a member of the Association, designated by the Association, to attend any State or National convention of the New Jersey State Policeman’s Benevolent Association.

      b. The Association and the Township recognize that the convention and labor relation training programs or seminars are in the best interest of the Association and citizens of Hamilton Township and, where possible, attendance by Employees should be allowed.

      c. Except for leave set forth in subpart a, above, Union release time without loss of pay shall not exceed an aggregate of one hundred and fifty (150 hours per year).


3. SOA DUES CHECK-OFF AND REPRESENTATION FEE


      a. DUES


          1. The Township agrees to deduct from the salaries of its employees subject to this Agreement dues for the SOA. Such deductions shall be made in compliance with Chapter 310, Public Laws of 1967, N.J.S.A.52:14-15.9(e), as amended. Said monies shall be transmitted to the SOA Treasurer as soon as practicable after the deductions have been made, together with a list of names showing the employees for whom deductions have been made.

          2. If during the period of this Agreement there shall be any change in the rate of membership dues, the SOA shall furnish to the Township Administrator written notice thirty (30) days prior to the effective date of such change and shall furnish

        new authorizations from its members showing the authorized deduction for each employee.

        3. The SOA will provide the necessary “checkoff” authorization form and deliver the signed form to the Township Administrator. The SOA shall indemnify, defend and save harmless the Township against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of action taken by the Township in reliance upon salary deduction authorization cards submitted by the SOA to the Township.

        4. No deduction will be made for any month in which there is insufficient pay available to cover same after all such deductions required by law have been made. Deductions for a prior month’s dues will not be made with respect to such dues except where the Township, through error or oversight, failed to make the deduction in any monthly period.


    b. REPRESENTATION FEE


        1. If any employee does not become a member of the SOA during any membership year (i.e., from January 1 to the following December 31) which is covered in whole or in part by this Agreement, said employee will be required to pay a representation fee to the SOA for that membership year. This fee shall be the maximum allowed by law.

        2. Notification -Prior to March 1 of each year, the SOA will submit to the Township a list of those employees’ who have neither become members of the SOA for the then-current membership year nor paid directly to the SOA the full amount of the representation fee for that membership year. The Township will
        deduct from the salaries of such employees, in accordance with paragraph 2 below, the full amount of the representation fee and promptly will transmit the amount so deducted to the SOA.


        3. Payroll Deduction Schedule - The Township will deduct the representation fee in equal installments, as nearly as possible, from the paychecks paid to each employee on the aforesaid list during the remainder of the membership year in question. The deductions will begin with the first paycheck paid:

                a. Ten (10) days after receipt of the aforesaid list by the
                Township; or


                b. Thirty (30) days after the employee begins his employment in a bargaining unit position.


        4. Termination - If an employee who is required to pay a representation fee terminates his employment with the Township before the SOA has received the full amount of the representation fee to which it is entitled under this Article, the Township will deduct the unpaid portion of the fee from the last paycheck paid to said employee during the membership year in question.

        5. Mechanics of Deduction and Transmission of Fees - Except as otherwise provided in this Article, the mechanics for the deduction of representation fees and the transmission of such fees to the SOA will, as nearly as possible, be the same as those used for the deduction and transmission of regular membership dues to the SOA.

        6. Changes - The SOA will notify the Township in writing of any of the

          changes in the list provided for in paragraph I above and/or the amount of the representation fee, and such changes will be reflected in any deductions made more than ten (10) days after the Township receives said notice.

          7. Demand and Return System - The SOA shall establish within thirty (30) days after signing of this Agreement a demand and return system under which a non-member may file a request for review of the amounts assessed by the SOA as the non-member’s representation fee in lieu of dues. Such procedure shall be in accordance with and pursuant to NJSA 34:13A-55.6.

          8. The SOA shall indemnify, defend and save harmless the Township against any and all claims, demands, suits or other forms or liability that shall arise out of or by reason taken by the Township in reliance upon information furnished by the SOA to the Township under this provisions of this Article.




ARTICLE IV
NO STRIKE CLAUSE



The employees agree to comply with the existing laws of the State of New Jersey prohibiting public employees to strike or to take any other concerted action designed to illegally obstruct or disable the proper functions of the Township.



ARTICLE V MANAGEMENT RIGHTS



1. The employees recognize that areas of responsibility must be reserved to the Township to

serve the public effectively. Therefore, the right to manage the affairs of the Township and to direct and schedule the working forces and operations of the Township is vested and retained by the Township, exclusively, except as otherwise limited by law or the terms of the Agreement.


2. The management and the conduct of the business of the Township, the scheduling and direction of its working force, the establishment of reasonable rules and regulations and the disciplining of employees for just cause are the exclusive rights of the Township, except as otherwise limited by statute or the terms of this Agreement.


3. The Employer shall have the authority to consolidate the operations of two (2) or more units and to reorganize the operation s within a unit or division subject to any contrary provisions of this Agreement.



ARTICLE VI ASSOCIATION DUTIES



PROHIBITING PRACTICES – Neither the Association nor any employee shall engage in any of the following practices:

      a. Restrain or coerce any employee in exercise of any rights granted under this
      Agreement.


      b. Cause or attempt to cause an employee to discriminate against another employee because of the employee’s membership or non-membership in any Township or employee organization or attempt to cause the Township to violate any rights of the employee.

      c. Discriminate against any employee because he has signed or filed an affidavit, petition, or complaint or any other form of process, or given any information or testimony
      alleging violation s of this Agreement.


      d. Discriminate against any employee covered by this Agreement because of race, sex, creed, color, age, national origin, religion, affiliation, association, or non-association; or discriminate in the application or interpretation of the provisions of this Agreement or to discriminate against any employee wherein such discrimination is prohibited by any laws of the State of New Jersey or of the United States.

      e. Discriminate against any employee who has filed a grievance pursuant to Article
      VIII of this Agreement or any other Article of this Agreement. f. Initiate, authorize or participate in any strike.

                ARTICLE VII MANAGEMENT DUTIES TO THE UNION



1. The Township shall provide the following materials to every employee:


      a. A copy of the special orders, general orders, training bulletins and rules and regulations, and new Township ordinances where potentially applicable to police operations. Where possible, an advance copy shall be provided to the Union.

      b. A copy of this Agreement for all employees.



2. The Township shall not engage in the following practices:


      a. Interfere with, restrain and/or coerce any employee in the exercise of rights granted in this Agreement.
      b. Dominate, interfere with, or assist in any manner, shape or form in the formation, existence or administration of any employee organization, or contribute financial support to any such organization.

      c. Discriminate against any employee because of sex, creed, color, age, national origin, religion, association or non-association, affiliation, union activity, or any other status protected by law; nor shall it discriminate in the application or interpretation of the provisions of this Agreement.


3. The Township agrees that rules shall be equitably applied and enforced.



ARTICLE VIII GRIEVANCE PROCEDURE



1. PURPOSE


      a. The purpose of this procedure is to secure, at the lowest possible level, an equitable solution to the problems which may arise affecting the terms and conditions of employment of Police Officers.

      b. Nothing herein shall be construed as limiting the right of any employee having a grievance to discuss the matter informally with any appropriate representative of the Township within the presence of an Association Representative appointed by the President of the Association, or the President of the Association, if requested by the employee involved.

      c. The Association and the Township recognize that the SOA is the proper party for the discussion and resolution of grievances between the Township and the SOA, or any

      employee covered by this agreement. For purposes of this Agreement, Association representatives, and the SOA President, shall be deemed to be the current members of the SOA negotiating committee, and the negotiating committee chairman, respectively, but the Union shall have the right to designate representatives during the term of this Agreement and shall provide notice of such designations to the Employer.



2. DEFINITION



The term “grievance” as used herein means any dispute and/or controversy arising over the interpretation, application or alleged violation of the terms and conditions of this Agreement or regarding employment or application of any rules, regulations and/or ordinance which affects working conditions or actual working conditions and may be raised by the Association on behalf of an individual employee or group of employees, or the Township or by the employee individually or by, the Association itself. The right of the Association and the Township to file such a grievance is at the option and within the discretion of the Association and Township and may be with or without the consent of the individual employee. Whenever any discipline resulting in an economic loss or penalty (including fine and/or suspension) which has a value of five (5) days or less, such disciplinary decision shall be subject to the Grievance Procedure which shall commence at Step Two. Written reprimands may not be submitted to arbitration. Written reprimands are not relied upon as prior discipline after one year from date of issuance.


3. STEPS OF GRIEVANCE PROCEDURE



The following constitutes the sole and exclusive method for resolving grievances between the parties covered by this Agreement, and shall be followed in its entirety unless any step is waived by mutual consent:

    Step One


    a. The aggrieved employee or aggrieved employees, the Association on behalf of the employee or the Association on behalf of itself, or the Township shall institute action under the provision hereof within ten (10) working days of the actual occurrence of the grievance, or within ten (10) working days of the actual or implied knowledge of the occurrence of the grievance or the awareness of facts giving rise to the grievance and an earnest effort shall be made to settle the differences between the employee or the aggrieved employees, the Association on behalf of the employee or the Association on behalf of itself and the Chief of Police for the purpose of resolving the matter. Failure to act on the part of the employee, the aggrieved employees, the Association on behalf of the employee, the Association on behalf of itself or the Township, within ten working (10) days shall be deemed to constitute an abandonment and/or waiver of the grievance.

    b. A discussion of the grievance between the Chief of Police or his designee and the Grievant or his representative shall take place at a convenient time and place for all parties within five (5) working days of the notice of the grievance and said notice may be given formally in writing or informally via oral or telephonic communication.

    c. The Chief of Police or his designee shall render a written decision within five (5)
    working days after said discussion of the grievance.


    Step Two


    a. In the event the grievance has not been resolved in or at Step 1, the employee with notice to the Union, or the Association on behalf of the employee or the Association on behalf of itself or the Township, shall in writing and signed by the Association, by the employee (with notice to the Union), or the Township, file the grievance with the Township’s Personnel Officer and Business Administrator within ten (10) working days

    following the determination of Step 1.



    b. A discussion of the grievance between the Business Administrator and his designee and the Association representative shall take place at a convenient time and place for all parties within ten (10) working days of notice of the grievance and said notice may be given formally in writing or informally via oral or telephonic communication. If there is a need for an employee to attend, subject to operational requirements, the employee(s) shall be released to attend.

    c. The Business Administrator and/or his designee shall render a written decision within seven (7) working days after said discussion of the grievance.

    Step Three


    a. In the event the grievance has not been resolved in or at Step 2, the matter may be referred to arbitration as hereinafter provided.

    b. In the event that the Township or the Association desires to submit a grievance to arbitration, the following procedure shall be followed:

        1. The party demanding arbitration shall serve written notice of its intention to arbitrate on the other party or parties within twenty (20) working days following receipt of the Business Administrator’s determination.

        2. The party demanding arbitration shall notify the New Jersey State Public Employment Relations Commission of the need for arbitration. The selection of the arbitrator shall be conducted in accordance with the Rules and Regulations of the New Jersey State Public Employment Relations Commission.

          3. The costs of the services of the arbitrator shall be borne equally by the
          Township and the Association and/or the employee.


          4. The decisions of the arbitrator shall be in writing and shall include all reasons for such decisions and shall be served on all parties by regular and certified mail.

          5. The decision of the arbitrator shall be final and binding upon the
          Township and the Association and the employee.


          6. The arbitrator shall have no power to alter, modify, amend, add to or detract from the terms of the Agreement. His decision shall be within the scope and terms of the Agreement.


4. CONDITIONS


      a. Failure to respond at any step in this procedure by the Township or its agents or the Association or an employee shall be deemed to be a negative response and/or a waiver of the right to respond upon the termination of the applicable time limits the grievance may proceed to the next step. The parties may agree to extend the time period at any step.

      b. No financial penalty shall be borne by the employee or association until all avenues of grievance or appeal are exhausted.

      c. The parties shall have a right to discovery of all relevant proofs requested including, but not limited to those that each side shall rely upon at hearing, all proofs that may tend to prove or disprove the position taken by each party, and notice of all witnesses with a summary of their scope of knowledge as well as any

      statements made by a witness.





ARTICLE IX
WAGES



1. The annual salary schedule for employees covered by this Agreement shall be as set forth in Appendix A, which shall reflect the following increases to base for the term of the contract: Increase to Base Pay for all titles in the unit as follows:
          January 1, 2017 2%
          January 1, 2018 2%



2. STEPS:

SEE APPENDIX A FOR SALARY GUIDE

                  ARTICLE X INCIDENTAL ECONOMIC BENEFITS



1. TOUR WEEK


      a. For those employees who are required and regularly scheduled to work forty (40) hours in any tour week each tour week shall consist of five (5), eight (8) hour days, “except that the employees assigned to the Patrol Division on the “4-2” schedule shall work 8.5 hours days in a tour week of 4 days on duty – 2 days off duty.

    b. For employees working a 12 hour shift: Employees on a 12 hour shift shall work a modified Pitman schedule as follows:
        0600 – 1800
        0700 – 1900
        1500 – 0300 (Relief)
        1800 – 0600
        1900 – 0700


    Employees shall work 2 days on, 2 days off, 3 days on, 2 days off, 2 days on, 3 days off
    (or 2-2-3-2-2-3).



Overtime shall be compensated at a rate of time and half for all work in excess of twelve (12) hours in any tour day or in excess of the regularly scheduled shifts in any six-week tour cycle.


Employees shall receive three and half (3.5) Personal Days (42 hours)



Schedule Adjustment Time (SAT): Employees shall receive a scheduled 12 hour day off per every six week tour cycle. SAT day shall be determined by the Chief or designee in consultation with the employee.


Training Time (TT): Employees attending specified in-service training on their days off shall receive 12 hours of training time to utilize as a day off under the guidelines of the patrol single day off policy. TT must be taken as a full day off and shall be used by December 23rd of the calendar year in which it was earned. If not chosen by December 1st of the calendar year in which it was earned, the administration reserves the right to assign a day off on behalf of the employee.

The following is the specified in-service training:


        Semi-Annual Firearms Qualifications
        Winter In-Service
        Active Shooter Training
        RDO Time for other Training Time:


o Single Day Courses


                Day Shift – If a full day course is scheduled on a scheduled tour day then that course will be attended in lieu of the scheduled tour day and no time is owed. If a course is scheduled on an off day then the Officer will receive a 12 hour RDO day.

                Platoons 3+4 and ACU – If a course is scheduled on the Officer’s first work day then that course will act as the work day and no time is owed. If a course is scheduled on the Officer’s second work day then the Officer will receive 16 hours of RDO time that will be
                  split as follows, 4 hours end of shift RDO the first work day and 12 hours RDO/School on the second day. If a course is scheduled on the Officer’s first day off then the Officer will receive a 12 hour RDO day the evening prior. If a course is scheduled on the Officer’s second day off then the Officer will receive a 12 hour RDO day.

o Multi-Day Courses


              In the case of courses that last longer than one day, the following formula

            shall be used:


            Calculate the total number of hours that the course is expected to last, including travel time if out of county, and subtract from that the total number of hours that the Officer is scheduled to work during those days. The Officer will then receive that number of hours in RDO time. Officer’s SAT days that fall on a course day will be rescheduled and will not be used for the calculation.

      During each tour day the employee shall receive 45 minutes for meals included in the twelve (12) hour period when authorized by the Shift Commander.

      Employees working a 12 hour schedule shall qualify for sick leave buy back payment if not more than 3.5 days (42 hours) are used.

    c. Except in an emergency, two (2) weeks’ notice will be given for the purpose of shift changes.

    d. The Chief of Police may, in case of an emergency as defined by the applicable statutes of the State of New Jersey, summon and keep on duty any and all members of the division as such emergencies shall require.

    e. Whenever an employee is called back to duty for other than a “de-minimis” amount of time needed to answer a question in a phone call, or when an employee is required to work beyond his normal tour of duty due to any emergency authorized by the Chief or his designee, he shall be paid the overtime rate for a minimum of four (4) hours or for the time worked whichever is greater. Employee may substitute comp time for overtime at his or her discretion.

      f. Employees assigned to any work schedule shall on or about November 1st of each year pick their shift based on seniority to be effective for the following calendar year.
      The SOA shall supervise this procedure. Vacancies occurring during the year will be filled in accordance with the bids submitted.


2. OVERTIME


      a. Time and one-half will be paid for all work in excess of eight (8) hours in any tour day and forty (40) hours in any tour week. Employees working the 4-2 schedule shall be paid overtime for all work in excess of 8.5 hours for a tour day or a regular day off (RDO) as is defined by the posted 4-2 work schedule.

      b. An employee shall have the option of receiving compensatory time in lieu of overtime. Said compensatory time will be accrued at time and one-half (1 ) for the hours worked. Effective January 1, 2009, all compensatory time currently accumulated shall be valued at the employee’s rate of pay in effect as of December 31, 2008 and shall
      not increase in value. Thereafter, employees shall accrue compensatory time at the rate of pay when the comp time is earned. If an employee selects to use their accumulated compensatory time it shall be hour for hour without regard to the employee’s rate of pay when earned and the time used shall be deducted from the latest compensatory time earned.

          1. No employee shall be permitted to accrue more than 480 hours of compensatory time.

          2. Comp time accrued may be taken in quarter hour increments and during the shift if it does not adversely affect minimum manpower requirements.

      c. The employee shall be permitted to sell back up to ten (10%) percent of their

      compensatory time subject to the Employer’s financial ability to pay. The employee must notify the Employer of their desire to sell back time by April 1, with payment to be made, if available, between April 10th and May 31st each year.



3. COURT TIME


      a. Whenever an employee, as part of his or her duties, shall be required to appear before any grand jury or any court including, but not limited to Municipal, County, Superior Court, Supreme Court, Federal Court or Administrative Agency, such required time spent waiting for, or testifying at said Court or hearing or legal office for job related situations when off duty or on vacation, shall be paid at the overtime rate with a minimum compensation of two (2) hours.

      b. After hours, any time spent in court after the regular end of shift will be compensated under this provision.

      c. Employees will be required to have a voucher validated for court time in order to be paid. Said voucher to be supplied by the Township.


4. SPECIAL OFFICER WORK



Special Officer Work shall be regulated by Township Ordinance. The hourly rates for all unit employees performing side job duties shall be set by Ordinance.


5. EDUCATIONAL INCENTIVE PAY


      a. Employees who have 30 credits, or accrue 30 credits shall receive payment of
      $100.00 for two (2) years only.

      AAS Degree…………………………. $250.00
BA or BS Degree……………………. $450.00
Master Degree………………………..$500.00


      b. Incentive pay will be prorated for any employee during the employee’s
      probationary period.


      c. Employees matriculated in a qualified program at an accredited college shall receive benefits as established in the Township’s Employee Handbook. Any change in benefits and procedures are subject to negotiation between the parties.


6. LONGEVITY


      a. Each employee covered by this Agreement shall, in addition to his regular wages and benefits, be paid longevity based upon years of service as is defined by the New Jersey Police and Fire Pension Laws. As pursuant to a memorandum of agreement signed on August 15, 2001, years of service as is defined by the New Jersey Police and Fire Pension Laws shall be interpreted to mean years of service as a law enforcement officer in the State of New Jersey:

      The following schedule shall apply:


                    SERGEANTS LIEUTENANTS CAPTAINS
5 years of service
      6.00%
5.25%
      4.75%
10 years of service
      6.25%
5.50%
      5.00%
15 years of service
      6.50%
5.75%
      5.25%
20 years of service
      7.00%
6.25%
      5.50%
24 years of service
      7.25%
6.50%
      5.75%

      b. All employees who have completed the above required years of service

      during any quarter of the calendar year shall be paid the first pay period in December of the year of eligibility or trip-over, prorated accordingly. Thereafter, longevity will be computed in their bi-weekly pay. Longevity for retiring officers will not be prorated. Retiring officers will receive credit for a full year’s longevity on January 1 of retirement year.


      c. When a Patrol Officer is promoted to the rank of Sergeant then such employee shall continue under the Patrolman’s Agreement provision for longevity and holiday compensation for the balance of the calendar year of the promotion. Effective with the first day of January next following the Patrol Officer’s promotion to Sergeant, said employee shall commence to receive longevity and compensation pursuant to this Article.


7. CLOTHING, EQUIPMENT AND PERSONAL PROPERTY


      a. The Township shall replace or repair all clothing lost or damaged in the line of duty. All replacements made shall be made only with prior approval of the Chief. If in the event of any change in the primary uniform requested, required or ordered by the division or Chief of Police, the Township shall pay for the monies initially necessary to implement this change and replace all “outdated” or “outlawed” uniforms or portions of uniforms.

      b. The Employer shall provide each employee with the following:


          1. Holster
          2. Key Holder
          3. ASP Baton
          4. Baton Holder
          5. Handcuff and Two (2) Keys
          6. Handcuff Case
          7. Semi-Automatic Hand Gun
          8. Ammunition, three magazines and one magazine pouch
          9. Flashlight and associated batteries

        10. Police Manual
        11. Twenty-five (25) cards (Patrol Officer Hamilton Township Police
Division)
        12. Two (2) breast badges and one (1) hat badge
        13. Name Tag
        14. Hamilton Township Bars
        15. Police Division Bars
        16. Whistle and Chain and Clip
        17. Utility Belt
        18. Portable Radio
        19. Glove Pouch
        20. OC Spray and Holder
        21. Belt Keepers
        22. HPD ID Card
        23. Police Department Door Key
        24. Radio Case
        25. Flashlight Holder
        26. Body Armor
        27. Police Locker
        28. Police Department FOB “keyless entry” Key

    c. Each employee shall receive $600.00 each year for maintenance and equipment. The maintenance allowance shall be paid in two equal installments; one in the first pay period in June of each year, and the other in the first pay period in December of each year.

    d. The Township shall replace or repair all equipment or personal property of the employee up to a reasonable amount, commonly worn while working which is damaged or lost while the employee is on duty. This provision shall not apply if such damage or loss is due to the negligence of the employee, in which case, the employee shall bear the cost.

    e. All regular marked police vehicles purchased after the execution of this Agreement shall be equipped with a standard police package. The equipment of said vehicles shall include, but not be limited to, the following equipment: Automatic transmission, power steering, power brakes, air conditioning, interior lighting package,

      automatic trunk release, a roof rack electronic siren and lights, oxygen, first aid kit, and flares. At least two (2) marked vehicles shall be equipped with twelve (12) gauge shotguns and cages. Any police vehicle that is used for prisoner transport shall have grill mounted sirens, shotguns and cages.


8. WORKING TEMPORARILY OUT OF RANK



An employee specifically instructed by higher authority to assume the responsibilities, authority, and duties of a supervisor shall be compensated at the rate of pay for the higher rank when performing these duties for five consecutive work days or more. Compensation shall be retroactive to the first hour of the employee’s assumption of the responsibilities, authority and duties of a supervisor.


9. RETIREMENT BADGE AND ID CARD



The Township shall provide a Retirement Badge and Retirement Police Officer ID card for police personnel who retire from the Police Department. Retirement shall be defined consistent with the New Jersey Police and Fire Pension Law.


10. DETECTIVE DIFFERENTIAL


      All employees serving as Detectives shall receive and annual differential of $1,000.00



11. SNOW DAYS OR TOWNSHIP EMERGENCIES



Any time the Township offices close for any emergency, police officers working this day shall be given compensatory time equivalent to the time the Township offices were closed.

12. STANDBY DUTY



Any Superior Officer placed or called into a “standby” or “alert” status and who remains subject to a call or recall to duty and is mandated to remain at home or within a designated geographical area, which area shall have been designated and approved by the Chief of Police, shall be compensated twenty-five (25%) percent of his regular hourly rate from the time of standby, alert or state of readiness until such time as the alert or standby status is officially cancelled and communicated to him. Standby shall be in effect when the Chief of Police or his authorized designee orders an officer to be on standby or to be available when called. Any officer on standby who fails to report or respond when called to duty may be subject to disciplinary action. Such work shall be equitably distributed.



ARTICLE XI LEAVE TIME



1. VACATION



All employees covered by this Agreement shall receive the following vacations with pay:


      a. For all employees hired prior to January 1, 2005, during the first calendar year, or part thereof, of such employee’s employment, one (1) day for each month or partial month employment.

      b. For all employees hired prior to January 1, 2005, during the second and subsequent years of such employee’s employment the employee shall be allowed the following number of vacation days.
Sergeants25
Lieutenants26
Captains28

    c. For all employees hired prior to January 1, 2005, each employee covered by this agreement shall, in addition to vacation time allowed as above, shall be further entitled to additional time off on account of longevity as set forth herein:
        One (1) additional day after five (5) years One (1) additional day after ten (10) years One (1) additional day after fifteen (15) years One (1) additional day after twenty (20) years
        One (1) additional day after twenty-five (25) years.

    d. For all employees hired on or after January 1, 2005, the vacation schedule shall be as follows:

        Years of Service Vacation Days During the first calendar year 1 per month After completion of one year 17 days
        After completion of five years 22 days After completion of ten years 23 days After completion of 15 years 24 days After completion of 20 years 27 days After completion of 25 years and thereafter 28 days

    e. Scheduled tours of duty must be completed before any vacation begins. No vacation will be granted without the Chief’s or his designee’s permission. Vacations will be selected by the employee and approved according to seniority.

      f. Changes in vacations may be permitted upon approval of the Chief of Police or his designee. Said approval will not be unreasonably withheld provided such a change does not conflict with the effective operation of the Police Division.

      g. An employee may accumulate vacation time up to one full year of vacation days to be carried over into the following year without restriction. All carried over vacation shall be utilized by the employee in the calendar year in which the vacation entitlement was carried into. No carried over vacation time may be further carried over or accumulated unless the employee is unable or prevented from taking vacation as a result of municipal business, working conditions, illness or injury; this earned accumulated vacation shall be carried over into the next calendar year no matter the number of unused carried vacation days. However, this time must be used up during that following year or the employee shall forfeit same providing all conditions are met.

      h. An employee retiring from the division shall receive a vacation payment for accumulated vacation time. Vacation for retirees will be prorated during the year of retirement.

      i. An employee who has separated his employment shall be entitled to payment for the vacation allowance for the current year prorated on the number of months worked in the calendar year plus any time that he or she may have been carried over from the preceding calendar year at the salary rate when earned. Whenever a permanent employee dies, having any earned vacation leave, there shall be calculated and paid to his estate a sum of money equal to the compensation figured on his salary rate at the time of his death, as soon as practicable within a reasonable time.


2. SICK LEAVE


      a. An employee shall be permitted to accumulate unlimited sick time according to

    the following schedule:


        1. Police Officers in Training and Probationary Police Officers – one (1) day per month for probationary period.

        2. Police Officers – one and a quarter (1 ) days per month.


        3. All sick time is per year and shall be cumulative. Sick time for retiring officers will be prorated during the year of retirement.

    b. An employee may take sick time for any of the following reasons:


        1. Personal illness or personal incapacity to such an extent as to render the employee unable to perform his duties adequately.

        2. Attendance to members of the immediate family whose illness requires the care of such employee.

        3. For any other reason as necessary for the employee’s physical, mental and/or
        emotional well-being.


    c. No sick leave shall be charged due to injuries sustained in the line of duty as long as the Township’s physician acknowledges such time off is due to said job injury.

    d. An employee shall furnish a doctor’s certificate to substantiate sick leave after he
    has been absent for five (5) consecutive working days.


    e. Employees are subject to disciplinary action by the department for the willful, malicious and negligent use of sick leave by the employee.

3. UNUSED SICK LEAVE UPON RETIREMENT


      a. All employees shall be entitled upon retirement in good standing, and other than vested retirement from the Police and Firemen’s Retirement System, to receive a lump sum payment as supplemental compensation for each full day of earned and unused accumulated sick leave which is credited to him and prorated as of the effective date of his retirement.

      b. The supplemental compensation payment to be paid hereunder, shall be computed at the rate of sixty percent (60%) of the eligible employee’s daily rate of pay for each day of earned and unused accumulated sick leave based upon the annual compensation received during the last year of his employment, prior to the effective date of his retirement, provided however, that no such lump sum payment of supplemental compensation payment shall exceed twenty-seven thousand ($27,000) dollars and that effective July 1, 2014 the maximum lump sum payment shall be $15,000. In the event that an officer elects to defer payment of earned unused accumulated sick leave, said officer must notify the Division of Personnel, Township of Hamilton prior to filing for
      retirement. Each retiree must withdraw all money deferred by him/her not later than three years from the date of their retirement. There shall be a maximum of four withdrawals. The Division of Personnel shall be notified thirty days prior to each withdrawal. Each officer will be responsible for the payment of taxes on all money withdrawn from the deferred payment program. A 1099 tax form will be provided to all retirees who participate in this program by the Township of Hamilton.


4. UNUSED SICK LEAVE IN THE EVENT OF DEATH



The Township will pay a lump sum cash payment equal to sixty percent (60%) of the unused sick leave to the estate of any officer who dies prior to retirement, not to exceed twenty- seven thousand ($27,000) dollars.

5. SICK LEAVE BUY BACK



Employees having accumulated ten (10) or more of their fifteen (15) sick days credited for that year will have the option of being paid five (5) day’s wages in lieu of carrying forward five (5) of their sick days. Any employee wishing to exercise this sick leave option must do so
by November 15th of the year in which the requirements have been met. Any decision to exercise

this option subsequent to November 15th of the year, in which the requirements have been met, shall not be recognized. Employees working a 4-2 work schedule shall qualify for sick leave buy back payment if not more than 42.5 hours are used. Payment would continue in such circumstances at a 40-hour value. Payment shall be made to employees in the first pay period in January of the following year.


6. INCIDENTAL LEAVE


      a. Funeral Leave


          1. Employees shall be entitled to funeral leave with pay for a period not to exceed five (5) consecutive days to include the day of death or funeral of a member of the employee’s “immediate family” or one (1) day, day of funeral, in the event of the death of a brother-in-law, sister-in-law, first cousins, aunt, uncle, nephew, grandchildren or niece of the employee. Such leave shall not be chargeable. Employees will be required upon request to submit proof of death for the purpose of receiving payment under this Article. Funeral services falling in
          the one (1) day category may be denied if the services are not attended by the employee.

          2. It is intended that the above payment be made for such period only that the employee would actually have been working to the end that the employee will either receive the death benefits hereunder or holiday pay, vacation pay, military
        pay, jury duty pay or disability benefits, as the case may be.


        3. Upon the approval of the Chief of Police, necessary travel time, not to exceed two (2) days, shall be allowed an officer in the event of death in his immediate family. This travel time shall be in addition to the aforementioned allotted time specified above.

        4. Under exceptional circumstances death leave may be granted by the Chief of Police upon the death of any other persons.

    b. Personal Leave


        1. An Employee is entitled to five (5) personal days per calendar year. Request for such leave shall be made in the same manner as for vacation leave requests, and shall not be unreasonably denied if made prior to the start of the scheduled shift. Permission shall be granted or denied on the basis of potential workload, manpower requirements and emergencies and shall not be withheld arbitrarily. An employee who ends the year without having utilized all personal days up to 2 days in that year and who has been refused at least twice for personal leave shall have the option of carrying those days into the next year. Personal days shall not be prorated for persons retiring during the calendar year for which
        they will receive full credit for the year’s personal days on January 1st of
        retirement year.


        2. An employee who has separated his employment shall be entitled to personal day allowance for the current year prorated on the number of months worked in the calendar year in which the separation becomes effective and any personal leave which may have been carried over from the preceding calendar year or years. Whenever a permanent employee dies, having any earned personal

          leave, there shall be calculated and paid to his estate a sum of money equal to the compensation figured on his salary rate of the time of his death, as soon as practicable within a reasonable time.

          3. Personal leave should be granted at the time of hire and prorated for the calendar year according to the date of hire.

      c. Military Leave


      Leave for military purposes shall be granted in accordance with Rule 4A:6-1.11 of the N.J. Civil Service Rules, Title 4, or New Jersey statutes, whichever gives greater benefits to the employee. The Township shall not reschedule any employee’s regular leave, vacation or scheduled day off in order to conform to the days in which the
      employee must fulfill his scheduled military obligation.


      d. Leave of Absence


      An employee may take a leave of absence without pay not to exceed nine (9) months. A written request for a leave of absence shall be filed with the Chief of Police one (1) month in advance of said leave, if possible, and permission shall be granted or denied on the basis of potential workload, manpower requirements, and emergencies. Leave of absence may not be granted to accept employment except within a higher level (state or federal) police agency.


7. All leave time except Personal Leave and Funeral Leave, including accumulated time, shall be converted to hours based upon an eight hour day.


8. Employees using leave time shall be charged for the actual hours used. Leave may be taken in quarter hour increments. Subject to operational requirements, leave may be taken during

a shift. If taken during a shift, the employee may return to work with bureau commander (if on duty), or the highest ranking supervisor on duty’s approval, which shall not be unreasonably denied.



ARTICLE XII PENSION



The Employer shall continue to provide contributions to employees’ pension fund in accordance with the Laws of the State of New Jersey and the Administrative Regulations of the State of New Jersey.



ARTICLE XIII INSURANCE



1. HEALTH AND WELFARE



The employer shall provide for all its employees and their eligible dependents covered under this agreement the following Health Insurance Programs, which are more particularly described in Appendix B to this agreement:

      a. The Employer shall continue to provide medical insurance, including prescription, dental and vision. Pursuant to P.L. 2011 c. 78, though, employees are now required to contribute a portion of their salaries towards the costs of health insurance at a rate set
      forth in Chapter 78. Employees will be offered the Open Access POS (OAPOS) during the annual open enrollment period at no additional cost other than contributions mandated by Chapter 78 and to standard policy provisions i.e. co-pays, deductibles and out of
      pocket costs. If an employee chooses to enroll in any Plan other than the OAPOS Plan,

    they shall be required to pay the cost differential, if greater, between the OAPOS and the Plan selected as set forth and in accordance with the attached proposals concerning health benefits. Employee as a retiree shall retain eligibility to the plans that were available at the time of retirement.

    b. The Employer shall provide all employees and their dependents with a
    Prescription Program. Employees shall be required to pay a prescription co-payment for a thirty (30) day supply of $10.00 for generic drugs, $20.00 for preferred drugs and $25.00 for brand name drugs and a prescription co-payment for a ninety (90) day supply of
    $15.00 for generic drugs, $30 for preferred drugs, and $37.50 for brand name drugs when using mail order service. If the employee opts for the PPO he or she will pay co pays $5 for generic, $15 for brand name and $2 for generic and $9 for brand name for 90 day supplies.

    c. Opt out shall be governed by Hamilton Township Ordinance.


    d. Effective as soon as administratively feasible, the Township shall offer Flexible Spending Accounts for medical and child care each year with the maximum contribution allowed by law.

    e. A UCR Dental Care Program which includes the option of an HMO program will be provided for the employees and their dependents.

    f. The employer shall provide a vision care program at no cost to the employee and their dependents as provided to other Township employees.

    g. The Township shall pay the cost for each employee, for a yearly physical examination upon his request to a maximum of $100.00. The selection of a physician shall be the choice of the employee. The employee shall provide the Chief with a copy of

      the results, but only to the extent that such information is consistent with HIPAA and other privacy requirements for such medical information.

      h. The Township shall provide full medical and drug plans for retired employees and their families in accordance as set forth in this Agreement. The Township agrees to allow present retirees not eligible for a prescription card to submit prescription costs to Major Medical for payment.


2. TERM INSURANCE



In addition to the existing life insurance available through the State of New Jersey and all other existing plans the Township shall purchase for the benefit of all members of the Division term insurance in the amount of $20,000.


3. LEGAL FEES



All fees incurred in the defense of either civil, criminal or administrative proceedings shall be paid by the Township. All fees incurred in the good faith prosecution of either criminal or administrative proceedings in pursuit of the employee(s) rights where the employee is successful shall be paid by the Township. The employee shall be entitled to an attorney of his own choosing concerning either defense or prosecution of all civil, criminal and administrative proceedings, along with a schedule of fees, to be determined.


4. FUNERAL EXPENSES



In the event an Officer is killed in the line of duty, or dies from injuries sustained while in the line of duty, the Township shall immediately pay the sum of $5,000.00 toward funeral and connected expenses to his surviving spouse and/or dependents or if none, to his heirs and/or estate, regardless of amounts paid from other collateral courses.

5. OFF DUTY DISABILITY COVERAGE


      a. The Employer shall provide each employee with full pay for a minimum period of six (6) months if the injury is sustained upholding the laws of State of New Jersey and/or the Township of Hamilton and is substantiated by the Township of Hamilton and is substantiated by the Township physician. If the Township physician, in conjunction with the Chief of Police, deems it warranted that said pay continue past the six (6) month period, then in that case, the employee will be granted additional time on an indefinite period. The Township may require periodic examinations during this injury period.

      b. The Township agrees to pay employees at one-half their regular rate of pay during periods of disability due to illness or injury occurring outside of employment for a maximum period of one hundred and fifty (150) working days. Prior to such payment,
      the employee must exhaust all sick days, vacation days and compensatory time. Upon presenting a claim for sick leave, the employee must present a medical certificate signed by a licensed Medical Doctor indicating the nature of the illness or injury and an indication of when the employee will be able to return to normal duty. The Township reserves the right to employ its own medical doctor to render his own judgment; provided that any substantial difference in opinion between the treating physician and the Township’s physician shall be resolved by submitting the matter to a third physician mutually selected. The expense will be shared jointly by all parties.

      c. During the time of half pay disability, all other benefits will continue in force during said disability, except that credited sick leave and vacation and personal days will be pro-rated accordingly.

      d. Claims may not be made under this provision for a job related injury or illness which a worker’s compensation claim is filed. If Worker’s Compensation and any monies received under this provision where claims are filed under workmen’s
      compensation, then in that case, all money shall be immediately refunded to the Township dollar for dollar. Anyone collecting under this provision and filing, collecting and not refunding the Township for workmen’s compensation, as well, is subject to disciplinary action for abuse of this benefit. In the event that the Township employs female officers, no claims under this section may be presented in any case related to pregnancy.

      e. Any employee found guilty of abuse of sick leave within the past twelve (12)
      month period shall not be eligible for half pay disability under this section.



6. OCCUPATIONAL INJURY


      a. Where an employee covered under this Agreement suffers a work-connected injury or disability, the Township shall continue such employee at full pay, during the continuance of such employee’s inability to work, for a period of up to one (1) year. During this period of time, all temporary disability benefits occurring under the provision of the Workers’ Compensation Act shall be paid over to the Township.

      b. The employee shall be required to present evidence by a certificate of an authorized physician that he is unable to work and, the Chief of Police may reasonably require the said employee to present such certificates from time to time.

      c. In the event the employee contends that he is entitled to a period of disability beyond the period established by the treating physician, or a physician employed by the Township or by its insurance carrier, then, and in that event, the burden shall be upon the employee to establish such additional period of disability be obtaining a judgment in the Division of Workers’ Compensation establishing such further period of disability and such findings by the Division of workers’ compensation, or by the final decision of the last reviewing court shall be binding upon the parties. For the purpose of this Article,

      injury or illness incurred while the employee is attending a Township sanctioned training program shall be considered in the line of duty.


      d. In the event a dispute as to whether an absence shall be computed or designated as sick leave or as to an injury on duty, the parties agree to be bound by the decision of an appropriate Workers’ Compensation judgment, or, if there is an appeal there from, the final decision of the last reviewing court. An injury on duty requiring time off for treatment, recuperation or rehabilitation shall not be construed as sick leave or a sick
      leave occasion under the terms of the sick leave policy heretofore agreed upon between the parties.



ARTICLE XIV GENERAL PROVISIONS



1. This Agreement incorporates the entire understanding of the parties on all matters which were or could have been the subject of negotiation. During the term of this Agreement neither party shall be required to negotiate with respect to any such matter whether or not covered by this Agreement and whether or not within the knowledge or contemplation of either, or both, of the parties at the time they negotiated, executed and ratified this Agreement.


2. If any provision of this Agreement is subsequently declared to be unlawful, unenforceable, or not in accordance with applicable statutes or in conflict with any law, rule or regulation, then the parties will not be bound by the provision, but all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. The parties agree immediately to discuss the invalidated portion thereof, consistent of the item deemed illegal, etc., and negotiate a substitute item.

ARTICLE XV
PERSONNEL FILE



1. All officers shall have access to their personnel file, and any Summary Report of an Internal Affairs investigation in which they were a suspect. The Officer may submit rebuttal material as desired. This shall be done during normal business hours and when the employee is off duty unless circumstances do not permit otherwise. The officer may not have access to the background investigation report.


2. The Township shall not allow anyone, with the exception of the Personnel Division, Township Administrator, Township Attorney while on official business, Chief of Police or his designee, to read, review, have a copy of, or in any way peruse any employee’s personnel file which is kept by the Police Division and Personnel Division.


3. Neither unsubstantiated or unfounded complaints nor any information in regard thereto

shall become part of an officer’s official personnel file.



ARTICLE XVI POLITICAL ACTIVITY



Except when on duty or when acting in his official capacity, no officer shall be prohibited from engaging in political activity.



ARTICLE XVII SAFETY COMMITTEE



1. The parties agree to develop a Standing Safety Committee of five (5) persons which

include, one (1) from the Central Department of Administration, two (2) from Police Administration and two (2) from the Association, to confer on a regular basis with a view to maintaining safe equipment and working conditions.


2. Recommendations are to be submitted to the Chief of Police and the President of the Association. Recommendations will then be discussed by the Chief and the President for possible corrections and additions recommended by the committee.


3. The President of the Association shall, at any reasonable time, be allowed to fully check any and all pieces of equipment to include, but not limited to, vehicles, shotguns, fire extinguishers, oxygen tanks, radios, etc., to insure that they are operating in a safe and efficient manner. Said inspections shall not interfere with the operations of the Police Division.



                    ARTICLE XVIII SECONDARY EMPLOYMENT



1. An employee may accept and be employed in any occupation during his off-duty hours, provided such occupation is not in violation of any federal, state or local law, and provided that such occupation does not cause a conflict of interest with his job as a police officer. The Police Chief shall determine if such a conflict exists.


2. The employee shall notify the Chief’s Office whenever off-duty employment has been accepted.

ARTICLE XIX
EQUIPMENT OPERATION AND SAFETY



1. The Township and the Association agree and recognize that the safety of the members of the police force is paramount and of major concern. The Township hereby agrees that it will maintain all equipment in safe operating condition when in service. No employee shall be required to use or operate a piece of equipment which is not in safe operating condition.


2. No employee shall be required to perform any non-office function without proper radio communication at his disposal. No employee shall be required to use or shall be disciplined for refusal to transport a violent prisoner without cage protection.



ARTICLE XX
RULES AND REGULATIONS



1. All employees shall be provided with a copy of all of the Division’s current rules and

regulations. Such rules and regulations shall be reasonable and shall be equitably applied.



2. The Township shall not issue any orders or directives, written or unwritten, that would alter the intent or language in this Agreement between the Township of Hamilton and the Superior Officers Association.



                ARTICLE XXI HEADQUARTERS EATING FACILITIES



The Township shall provide an area in the Police Headquarters to be used as a rest area with eating and drinking facilities. Said area to be provided by the Township as is feasible.

ARTICLE XXII
OFF DUTY POLICE ACTION



1. Since all Police Officers are presumed to be subject to duty twenty-four (24) hours per day, the parties agree that any action taken by a member of the force on his time off, while in the State of New Jersey, which would have been taken by an Officer if present or available, shall be considered as Police action, and the employee shall have all of the rights and benefits concerning such action as if he were on active duty.


2. Sworn Superior Officers covered by this Agreement shall be fully indemnified and defended by the Employer for all circumstances in which said Employee(s) act in accord with subpart 1 above, and/or renders first aid, whether on or off duty.



ARTICLE XXIII POLICE SERVICES



All requests for services of Police Officers while off duty that may be addressed to the Township shall be forwarded to the Police Department for posting. Any time there is a road opening or significant street repair as determined by the Chief of Police or his designee, the Township agrees to require as a condition of the letting of the job that the Contractor agreed to provide at least one (1) Police Officer to provide public safety and security at the location of the work site.

ARTICLE XXIV
FAMILY LEAVE



1. SCOPE



All employees



2. GENERAL POLICY


      a. Family Leave with or without pay shall be granted for a period of six (6) months on a continuous or intermittent basis, provided the request for such leave is made in writing to the Personnel Division and approved by the Administration..

      b. Hospitalization and Medical-Surgical, Prescription and Life Insurance coverage will be continued in force and paid for the first three (3) months of leave. Thereupon it will be employees’ responsibility to pay the premiums.

      c. If the employee is enrolled in the Health Maintenance Organization the Township will pay the cost of the insurance for the first three (3) months, but the employee must make arrangements to pay the monthly premium directly to the Township.

      d. The Drug Prescription Program will continue in effect for the first three (3)
      months of a Leave Absence Without Pay.


      e. Light duty shall be made available where the employee supplies a doctor’s note.


      f. The New Jersey and federal laws concerning family and medical leave shall be adhered to and shall provide any applicable lawful benefits to employees not specifically set forth in this section.
ARTICLE XXV
BILL OF RIGHTS



All employees covered under this Agreement shall be entitled to the protection of this article, the purpose of which is to assist in the Division’s investigation and resolution of complaints of police misconduct that originate with private citizens or generated by the supervisors, officers and employees of the Division. The wide-ranging powers and duties given to the Division and employees on and off duty involve them in all manner of contacts and relationship with the public. Of these contacts come many questions concerning the actions of members. These questions often require investigation. To insure that these investigations are conducted in a manner which is conducive to good order and discipline, the following guidelines are promulgated:


1. ADVANCE NOTICE


      a. Prior to being interviewed regarding an investigation on criminal or administrative charges which could lead to a suspension, fine, demotion, dismissal and/or criminal charges, an employee shall:

          1. Be advised that he or she is being questioned as the subject of an investigation into potential violations of department rules and regulations, or fitness for duty. He or she should be advised of the subject matter under investigation, and that he or she will be asked questions specifically related to the performance of his or her official duties.

          2. Be afforded an opportunity and facilities to contact and consult privately with an attorney of his choosing and/or a representative of the Association.

          3. Whenever delay in conducting the interview will not jeopardize the

          successful accomplishment of the investigation, or when criminal culpability is not at issue, advance notice shall be given the officer not less than twelve (12) hours before the initial interview commences or subsequent written reports are required from the officer.



2. RIGHTS OF EMPLOYEES WHILE UNDER INVESTIGATION



Whenever an employee is under investigation or subjected to interrogation by the Township on criminal or administrative charges which could possibly lead to a suspension, fine, demotion, dismissal and/or criminal charges, such investigation or interrogation shall be conducted under the following conditions:

      a. Interviews should take place at the internal affairs office or a reasonable and appropriate location designated by the investigator. The subject officer's supervisor should be made aware of the time and place of the interview so the officer's whereabouts
      are known. Interviews shall be conducted at a reasonable hour when the officer is on duty, unless the seriousness of the matter requires otherwise.

      b. The investigation and interview shall take place at the Hamilton Township Police
      Headquarters, or elsewhere if mutually agreed, unless the situation necessitates otherwise.


      c. The employee under investigation shall be informed of the rank, name and command of the officer in charge of the investigation, the interrogating officer, and all persons present or to be present during the investigation. All questions directed to the employee shall be asked by and through only such interrogators as are reasonably necessary under the situation and only one interrogator at a time. The interrogation must be of reasonable duration, taking into consideration the complexity and gravity of the subject matter of the investigation. The officer must be allowed time for meal breaks and to attend to personal physical necessities.

    d. The employee under this investigation shall be informed of the nature of the investigation, and he shall be informed of the names of all the complainants unless such disclosure would jeopardize this investigation.

    e. The officer, at his request, may have an Association Representative appointed by the majority representative, Hamilton SOA, present to witness the interview or interrogation provided the representative does not participate in the interview. The investigating officer or officers shall be required to advise the officer being investigated of this particular right.

    f. The employee under interrogation shall not be subjected to offensive language or threatened with transfer, dismissal, or disciplinary action. No promise or reward shall be made as an inducement to answering any questions.

    g. Any interrogation of an employee conducted at the Police Station, or if not at the Police Station, wherever feasible, including recess periods, shall be recorded either by audio or video, and there shall be no unrecorded questions or statements and the officer shall be afforded a copy of the complete transcript and/or copy of the video and/or audio tape of interrogation proceedings upon the employee’s request. A transcript or copy of the recording shall be made available to the officer, if applicable, at the appropriate stage of a criminal or disciplinary proceeding. If the subject officer wishes to make a recording
    of the interview, he or she may do so, and a copy of the recording shall be made available to the department upon request, at the agency's expense.

    h. If the employee under interrogation is under arrest, or if there is any possibility the employee is to be placed under arrest as a result of the interrogation, he shall be completely informed of all his rights prior to the commencement of the interrogatories.

    i. At the request of the employee under interrogation, he shall immediately have the
      right to be represented by counsel, who shall be present at all times during such interrogation.

      j. Any questions asked of officers during an internal investigation must be “narrowly and directly” related to the performance of their duties and the ongoing investigation. Officers must answer questions directly and narrowly related to the performance of their duties. All answers must be complete and truthful. However, officers cannot be compelled to answer questions having nothing to do with their performance as law enforcement officers, questions that do not implicate a rule or regulation violation or questions unrelated to the investigation. At the conclusion of the interview, the investigator should review with the subject officer all the information obtained during the interview, to alleviate any misunderstandings and to prevent any controversies during a later hearing or trial.

      k. No officer shall be required to take any lie detector or other truth detecting test as a condition of the investigation, interview, interrogation or of continued employment.


3. WHEN THE INVESTIGATION RESULTS IN CHARGES BEING FILED


      a. The officer, upon request, will be furnished with a copy of the report of the
      Internal Investigation which will contain all material facts and accusations of the matter.


      b. The officer will be furnished with names of all witnesses and complainants who may appear against him and/or whose statements may be used against him.


4. WHEN DISCIPLINARY ACTION RESULTS


      a. When the investigation results in a determination of a sustained complaint and disciplinary action, only the findings and the disciplinary order may be placed in the
      Officer’s Personnel File.


      b. No demotion, suspension, or other monetary punitive measure excluding dismissal shall be taken against an officer unless he is notified of the action and the reasons therefore seven (7) days or more prior to the effective date of such action.

      c. All the regulations and laws of the State of New Jersey and the State Civil Service
      Commission shall be adhered to.



5. HUMAN FACTOR



All terms of this Agreement shall continue to be administered with the fact and knowledge that human beings are being employed with the rights of human beings in this agreement, in law and morality and to be treated by both the Township and members of the Association in such a way as to connote this fact of reality.


6. Investigations shall meet standard operating procedures for the Division of Police.



7. All records and references to written reprimands, oral reprimands and counseling forms shall be expunged not later than one (1) year following their date of issuance. No record of such reprimand shall remain.


ARTICLE XXVI TERM OF AGREEMENT



1. This Agreement shall have a term from January 1, 2017 through December 31, 2018. If the parties have not executed a successor Agreement by December 31, 2018, then this Agreement shall continue in full force and effect until a successor agreement is executed. Negotiations for a successor agreement shall be in accordance with the rules of the' Public Employment Relations Commission. The parties may agree to modify specific terms, but only in writing and only if mutually agreed to. Such minor adjustments and or modifications to the agreement shall not reopen the contract.

48
      2. CONTINUATION OF BENEFITS NOT COVERED BY THIS AGREEMENT


      All benefits, terms and conditions of employment presently enjoyed by Employees hereunder that have not been included in this Agreement shall be continued in full force and effect.

      IN WITNESS whereof, the Employer and Association have caused this Agreement to be signed by their duly authorized representatives.



FOR THE TOWNSHIP




________


KELLY A. YAEDE, MAYOR JOHN RICCI BUSINESS, ADMINISTRATOR



FOR THE SUPERIOR OFFICERS








KYLE THORNTON, PRESIDENT SOA

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APPENDIX A SALARY GUIDE



Base Salary Table for Proposed SOA Contract

Sergeants
Effective Date for Increases Rate of Increase Step 1 Step 2 Top Step


Current Base: 123,809 126,780 129,751
1/1/2017 2% 126,285 129,316 132,346
1/1/2018 2% 128,811 131,902 134,993


Lieutenants
Effective Date for Increases Rate of Increase Step 1 Top Step


Current Base: 137,985 146,220
1/1/2017 2% 140,745 149,144
1/1/2018 2% 143,560 152,127


Captains
Effective Date for Increases Rate of Increase Step 1 Top Step


Current Base: 155,039 163,860
1/1/2017 2% 158,140 167,137
1/1/2018 2% 161,303 170,480














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Hamilton Tp and Hamilton Tp SOA 2017.pdf
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