Contract Between
Wenonah Boro-Gloucester
- and -
PBA Loc 122
* * *
01/01/2017 thru 12/31/2020


CategoryMunicipal
UnitPolice Officers

Contract Text Below
3


AGREEMENT BETWEEN

THE BOROUGH OF WENONAH

and

THE POLICEMEN’S BENEVOLENT ASSOCIATION OF NEW JERSEY, GOLUCESTER COUNTY

LOCAL NO. 122

January 1, 2017 through December 31, 2020

TABLE OF CONTENTS


PREAMBLE 3

ARTICLE I - RECOGNITION 3

ARTICLE II - POLICE OFFICER RIGHTS 3

ARTICLE III - MANAGEMENT RIGHTS 3

ARTICLE IV - SALARIES AND PAY DAYS 9

ARTICLE V - WORK WEEK AND WORK YEAR…………………………………………………….10

ARTICLE VI – HOLIDAYS……………………………………………………………………….11

ARTICLE VII – VACATIONS…………………………………………………………………….12

ARTICLE VIII - SICK LEAVES AND LEAVES OF ABSENCE……………………………………….15

ARTICLE IX - PERSONAL DAYS 18

ARTICLE X - INSURANCE ..................., 19

ARTICLE XI - APPEARANCE ALLOWANCE 22

ARTICLE XII - CLOTHING 23

ARTICLE XIII - POLICE TRAINING SCHOOLS 23

ARTICLE XIV - MISCELLANEOUS ALLOWANCES 25

ARTICLE XV - EQUIPMENT 25

ARTICLE XVI - COLLEGE INCENTIVE 26

ARTICLE XVII - PROBATIONARY PERIOD 27

ARTICLE XVIII-LEGAL AID 28

ARTICLE XIX - PENSION 28

ARTICLE XX - SAVINGS CLAUSE 29

ARTICLE XXI - DISCRIMINATION OR COERCION 29

ARTICLE XXII - RETENTION OF BENEFITS 29

ARTICLE XXIII - PEACEFUL RESOLUTION OF DIFFERENCES 30

ARTICLE XXIV - GRIEVANCE PROCEDURE 30

ARTICLE XXV - DEFINITIONS 34

ARTICLE XXVI - DURATION 35

PREAMBLE

This Agreement, entered into as of January 1, 2017 and effective as of January 1, 2017, by and between the Borough of Wenonah, Gloucester County, New Jersey, hereinafter referred to as the “Employer”, and New Jersey Policemen’s Benevolent Association, Local # 122, hereinafter referred to as the “PBA” or “Association”.

ARTICLE I

RECOGNITION

Section 1 – The Borough of Wenonah, hereinafter referred to as “the Borough”, hereby recognizes the New Jersey State Policemen’s Benevolent Association, Local 122, hereinafter referred to as “the PBA”, as the exclusive representative for the collective negotiation concerning terms and conditions of employment for permanent Patrol Persons and Sergeants of the Borough of Wenonah Policy Department.

Section 2 – Specifically excluded from representation are the positions of Chief, Deputy Chief, Captain, Lieutenant, and all probationary employees.

Section 3 – Unless otherwise indicated, the term “Police Officer”, “Officer” “Employee” or “Employees”, when used in this Agreement refers to all persons represented by the PBA.

ARTICLE II

POLICE OFFICER RIGHTS

Section 1 – The Borough agrees to maintain a personnel file for each employee covered under the contract and further agrees that such file will be maintained in a secure place. A police officer shall have the right to inspect his / her personnel file on reasonable notice and at reasonable times, provided a designated superior officer is present at the time of such inspection. Any request for such inspection will be submitted to the Chief of Police prior to such inspection. The Borough agrees to notify the individual officer when any derogatory material is placed in his / her personnel file. The Borough agrees to provide an initial copy of any derogatory material at no expense to the employee. The employee may, upon reasonable request and at his / her expense, obtain additional photostated copies of any material contained in his / her personnel file.


Section 2 -

A police officer has the same rights to engage in political activity as afforded to any citizen. This right to engage in political activity shall not apply to any officer when he / she is on duty, when he / she is acting in an official capacity, or when wearing either cap, shirt, trousers, or outerwear parts of the Wenonah Police Department uniform, or while in a police vehicle.

Whenever a police officer is under formal investigation or is subject to interrogation by the law enforcement arm of the Borough of Wenonah, for any reason, which could lead to disciplinary action, demotion, loss of pay or dismissal, the investigation shall be conducted in accordance with the New Jersey Attorney General Guidelines related to internal affairs pursuant to N.J.S.A. 40A:14-181.

      The interrogation shall be conducted at a reasonable hour, preferably at a time when the police officer is on duty, unless the seriousness of the investigation is of such a degree that an immediate interrogation is required.


      b. The interrogation shall take place at the office of the Chief of Police unless otherwise waived by the officer.

      c. The officer shall be informed of the name, rank and command of the officer in charge of the investigation, the interrogation officer, and all persons present during the interrogation. All questions directed to the officer under investigation shall be asked by and through one interrogator.

      d. Whenever possible, the officer under formal investigation shell be informed in writing of the nature of the investigation and of the names of all known witnesses and complaints to be utilized prior to any interrogation.

      e. Interrogation sessions shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonably necessary.

      f. The officer during interrogation shall not be threatened with transfer, dismissal. Or disciplinary action.

      g. The officer shall have the right to a complete record, either written, taped or transcribed, of his / her interrogation. However, any expense shall be borne by the officer. The Borough shall have the same right.

      h. If the officer under interrogation is under arrest, or is likely to be placed under arrest as a result of the interrogation, he / she shall be completely informed of his / he rights prior to the commencement of interrogation.

      At the request of the officer under investigation interrogation, ne / she shall have the right to be represented either by council or by other responsible representative of his / her choice who shall be present at all times during the interrogation, unless waived by the officer. The interrogation shall be suspended for a reasonable time, not to exceed one week in order that such representation can be obtained.

      No ordinance shall abridge nor shall the Police Department adopt any regulation that prohibits the right of an officer to bring suit out of his / her duties as a Law Enforcement Officer.
      No other officer shall be required or requested to disclose any item of his / her property, income, assets, source of income, debts of personal or domestic expense (including those of any member of his / her household or family), unless such information is necessary in the investigation of a possible conflict of interest, or with respect to the performance of his / her official duties, or unless such disclosure is required by law.


      If the investigation or interrogation of an officer results in the decision by the Law Enforcement Arm of the Borough for some punitive action, such as a demotion, dismissal, written or oral reprimand, loss of pay, reassignment, or similar action, the officer shall, upon written request be entitled to a hearing on the issue before the Mayor and Council. Where applicable, such hearing shall be conducted in accordance with N.J.S.A. 40A:14-147, et seq. Any such hearing may be either opened or closed to the public, at the officer’s discretion.


      Both the Law Enforcement Arm of the Borough of Wenonah and the officer shall have ample opportunity to present evidence and argument with respect to the issues involves. Both may be presented by Council.


      Every party has the right to cross examination of the witness who testify and may submit rebuttal evidence.


      The Mayor and Council in conducting the hearing may take notice of judicially noticeable facts and in addition may take notice of general, technical or scientific facts within its specialized knowledge.


      Any decision, order, or recommendation for action resulting from the hearing by Mayor and Council shall be in writing and shall be accompanied by findings of fact. The findings shall be expressed in a concise statement upon each issue in this case. A copy of the decision or order and accompanying findings and conclusions along with any written recommendations for action, shall be delivered or mailed promptly to the officer or his / her attorney.


      No officer shall be discharged, disciplined, demoted, or denied promotion, transfer, or reassignment, or otherwise discriminated against in regards to his / her employment or be threatened with any such treatment reason of his / her demand for the rights granted in this Agreement, or by reason of their lawful exercise of his / her Constitutional rights.

    ARTICLE III

    MANAGEMENT RIGHTS


    Section 1 – The Borough hereby retains and reserves onto itself, without limitations, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws and Constitution of the State of New Jersey and of the United States, including but without limiting the generality of the foregoing;

    To exercise executive management and administrative control of the Police Department and its properties and facilities and the activities of its employees.

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


    Section 2 – The exercise of all powers, rights, authority, duties and responsibilities, by the Borough, the adoption of policies, rules, regulations and practices in furthermore thereof and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of the Agreement, and then only to the extent such specific and express terms of this Agreement hereof are in conformance with the Constitution and laws of the State of New Jersey and the Constitution and laws of the United States.

    Section 3 –Nothing contained herein shall be considered to deny or restrict the Borough of its rights, responsibilities, and authority under New Jersey law or any other national, state, county, or local law or regulations presently existing or those adopted or amended in the future.

    Section 4 – Nothing in this Agreement which changes pre-existing Borough policy, rules, or regulations shall operate retroactively unless expressly so stated. The parties agree employees shall continue to serve under the direction of the Chief of Police and in accordance with the Borough and administrative policies, rules, and regulations provided that the provisions of this Agreement shall supersede and prevail over any conflicting provisions.

    Section 5 – It is understood that under the rulings of the Courts of New Jersey, the Borough is forbidden to waive any rights or powers granted it by law. Anything to the contrary, notwithstanding, nothing contained in any section, paragraph, or subsection of this Agreement, shall be interpreted in any manner or be construed as to indicate that the Borough has waived rights which are expressly required by the Courts to be retained by the Borough.


    ARTICLE IV

    SALARIES AND PAY DAYS

    ALL POLICE OFFICERS HIRED ON OR BEFORE JANUARY 1, 2014


    Section 1 – See attached Compensation Addendum

    ALL POLICE OFFICERS HIRED AFTER JANUARY 1, 2014

    See attached Compensation Addendum


    Section 2 – Pay days for the police officers will follow the same as any other Borough employees, which is on the 15th and 30th of the month (end of the month in February).If the above days fall on holidays or weekends, employees will be paid prior to said day. All pay adjustments may have a one (1) pay lag day.

    Section 3 – A fitness incentive shall be rewarded annually on the basis of results from a voluntary fitness test which shall be administered by an officer of the department who is certified as a physical fitness instructor. The incentive amount will be determined by performance based on the officer’s age. To be eligible for the incentive, the officer will need to participate in all five testes given and to attain at least a 60% score in each test. The scores will be averaged with equal weighting and the mean score of the five tests will determine the level of fitness incentive. The officer will receive the percentage of the total possible award equal to their mean score. For example, if their mean score is 85%, their incentive will be 85% of $2,000.00, or $1,700.00. If the officer scores below 60% in any of the tests, he / she is not eligible for the incentive.

    The tests will be administered in May and October, weather and conditions permitting. The incentive will be paid the last pay in November, based on the higher of the two mean scores, providing the qualifications of minimum scores are met for all of the tests from one of the two test dates. This incentive is available only to those officers who take the fitness test and participation in all aspects of the program. The test is voluntary. If an officer cannot take the fitness test either of the times offered in a calendar year because of injury on the job, then the officer will receive the incentive on the previous years’ test scores.

    See attachment #1 for examples of tasks and scores used for the test. If any of these tasks are to be changed to a comparable task, the task and defined scores must be provided by November of the year prior to being included in the test.

    Incentive Award 2017 20185 2019 2020

    100% $1,550.00 $1,550.00 $1,550.00 $1,550.00


    ARTICLE V

    WORK WEEK AND WORK YEAR


    Section 1 – Overtime: Overtime shall be paid to any member covered under the Agreement who is required or directed to work for any period in excess of either twelve (12) hours per day or eighty-four (84) hours in any two (2) week period. Such overtime pay shall be at the rate of time and one half his / her regular rate of pay. Overtime shall be paid each pay day. Regular hourly rate of pay shall be based on annual salary divided by 2,080 hours. The calculation of 2,080 hours is used to compensate for the 12-hour shifts.

    Insofar as possible, based on operational requirements of the Department, the Chief of Police shall provide for a fair and equal system of overtime allocation.

    Section 2 – In determining overtime, shift turnover will not be considered as overtime, however, he / she shall than be paid on the basis of thirty (30) minute intervals, and any fraction of a thirty (30) minute interval shall be paid as a full thirty (30) minute interval.

    Section 3 – Court Time: An officer required to report to Municipal Court, Superior Court, Grand Jury or Juvenile Court in the performance of his / her duties while on off0dury time, shall be guaranteed pay for a minimum of two hours, at time and one half his / her regular rate of pay, or compensatory time at the discretion of the officer. Pay will not be granted for appearance in Civil Court actions.

    Section 4 – Work Period: The normal work period shall be two (2) weeks with seven (7), twelve (12) hour days, for a total of eighty-four (84) hours. An officer shall work in accordance with a schedule to be posted on a yearly basis by the Chief of Police except when conditions arise which, in the opinion of the Chief of Police, require a different schedule. The Borough reserves the right to assign overtime as necessary.

    Section 5 – Work Year: Except for vacation time permitted by the contract and / or sick time, employees will normally be expected to work twenty-six (26), eighty- four (84) hour work periods as their regular work year.


    ARTICLE VI

    HOLIDAYS


    Section 1 – In lieu of time off, each officer shall be granted pay for twelve (12) holidays per year. Pay for all holidays shall be awarded at the end of November, at the rate of time and a half. Regardless of whether or not the officer works any shift which included any hours during a Borough recognized holiday, the officer will be paid for a total of 144 holiday hours for that year.

    Section 2 – Borough recognized holidays:

                    New Year's Day President's Day Good Friday Easter Sunday
                    Officer's Memorial Day (May 15) Memorial Day
    July 4th
    Labor Day Veteran's Day
                    Thanksgiving Day
                    Day After Thanksgiving Christmas
    Section 3 – The work schedule for the holiday will be the same as any regular working day.

    ARTICLE VII

    VACATIONS


    Section 1 – Earned Vacations: Officers shall be entitled to vacation with pay based upon length of time employed with the Borough as hereinafter provided. Schedule: By definition, vacation days are equivalent to twelve (12) hour working days.

    For Police Officers hired on or before January 1, 2014, the vacation schedule as follows:

    YEARS COMPLETED DAYS VACATION

                  10 days

                  11 days

                  13 days

                  15 days

                  16 days

                  18 days

                  19 days

                  20 days

                  21 days

                  22 days

                  23 days

                  24 days

                  (and above)

    For Police Officers hired after January 1, 2014, the vacation schedule is as follows:

                  YEARS COMPLETED DAYS VACATION


                    5 DAYS

                    10 DAYS

                    10 DAYS

                    11 DAYS

                    11 DAYS

                    12 DAYS

                    12 DAYS

                    13 DAYS

                    14 DAYS

                    15 DAYS

                    (through 19)

                    20 (and above) 20 DAYS

    In their fifth year, the officer will earn vacation on an annual basis, not by anniversary date. Earned vacation will be prorated on a monthly basis for the months in the calendar year of their fourth year, and then switch to a calendar schedule at the beginning of their fifth year.
      Section 2 – Any officer who is entitled to vacation shall, at this / her option, be allowed to said vacation in consecutive weeks and or days, provided it does not unreasonably interfere with Departmental operations and is contingent on the Chief of Police’s approval. Said vacation may be taken at any time during the calendar year.

      Section 3 – In general, and unless operational needs of the Department dictate to the contrary, vacation selection shall occur on the basis of seniority. All vacation time may be delayed to a time based on operational needs of the Department as identified by the Chief of Police. One half of earned vacation time must be scheduled by February of that year, and the other half as much in advance as possible for department scheduling. Once vacation time requests are submitted and approved, those dates shall be “locked” for the submitting officer, he / she cannot be denied the time off at a later date based on another officer’s request for the same date (s) once they have been approved. It is understood that the Chief of Police may cancel time off based on the existence of emergency conditions.

      Section 4 – Earned vacation shall be paid to any officer who is laid off or drafted by the military. Those officers who have been laid off or drafted by the military during the year shall be paid vacation pay on a prorated basis.

      Section 5 – Vacation time shall not accrue during a leave of absence.

      Section 6Pay in Lieu of Vacation: Officers with two (2) or more years of service may request up to one week of pay in lieu of vacation. All vacation must be used in the year earned unless department operational needs require an officer to carry over vacation days, and the carry-over is approved by the Chief of Police prior to December 15th of that year. Any carry over days must be used by March 31st of the following year.


      ARTICLE VIII

      SICK LEAVES AND LEAVES OF ABSENCE


      Section 1 – Bereavement & Funeral Leave:

        Upon request, employees shall be granted special leave with pay because of the death in the immediate family, including relatives in the household, or for the death of other members as encumbered in Section 2 of this Article.

        Such bereavement & funeral leave shall be granted with pay for three (3) days. Extensions past the three (3) day period must be approved by Borough Council.


      Section 2 – Definition: Members of the family are defined as the officer’s father, mother, father-in-law, mother-in-law, grandfather, grandmother, brother, sister, spouse, brother and sister of spouse, child, foster child, and relatives of the officer who reside in the household.

      Section 3 – Illness or Injury:


        Policy – An officer who is ill or injured is not required to work during the period of illness. Furthermore, the Borough does not desire or expect the officer to return to full duty until and unless he / she has recovered from the illness or injury. The officer will continue to receive his / her normal salary during absences due to illness or injury. An officer may use allotted sick leave to attend to an immediate family member who requires the officer to provide the necessary care due to illness or accident.


        Notification – An officer who is unable to work due to illness or injury may be required by the Chief of Police to submit a note from the attending physician. Similarly, such notification may be required if the officer is attending to an ill family member. The Mayor and Council will be informed by the Chief of Police of any officer who is absent for longer than three (3) consecutive working days and will remain advised concerning the nature and progress of the illness or injury.


        Abuse – An officer who accumulates a record of chronic perpetual absenteeism due to illness must appreciate that, in absence of supporting medical documentation, such record will seriously effect the officer’s performance record and could lead to cause for dismissal. The Borough has the right to reasonably request a medical examination by a doctor of its choosing or to ask the employee for verification of his or her injury or illness through the submission of a medical report or letter.


        Occupational Injury – For a work related injury, an officer will be paid up to a full year’s salary, which will be the net difference between Worker’s Compensation benefits and the officer’s salary, until either a Borough approved physician determines that the officer is capable of returning to work or until the officer’s pension board places the officer on permanent disability. The Borough may choose to extend full salary beyond one year if circumstances so warrant. All procedures and requirements regarding a Borough designated physician as contained in ( c ). Abuse above also applies to section regarding work related injuries.

      Section 4 – Leave of Absence Without Pay:

        A permanent employee who desires to engage in a course of study which will increase hid / he competence in his / her regular duties, with the approval of the Mayor and Borough Council, may be granted a special leave of absence for a period not to exceed six (6) months.

        An employee who is absent from work without official permission or fails to notify his / her immediate supervisor that he / she will not report for work that day shall be subject to appropriate disciplinary action and loss of pay.


      Section 5 – Total paid sick days allowed:


        After one year of service, officers shall be entitled to twelve (12) paid sick days per year. Sick days not used during the year shall be accumulated.

        A record of unused sick days shall be kept, and the Borough shall purchase back unused sick days when the officer leaves the department, (except when discharged for cause), at 25% of the officers current rate of pay.

        The maximum sick days to be accumulated for buy-back will be one hundred (100) days. Additional days can be banked but will not be included towards the buy-back.

        Officers will receive an additional personal day the following year if there are no sick days used for the preceding calendar year.



      ARTICLE IX

      PERSONAL DAYS


      Section 1- Each employee shall be eligible for three (3) days personal; leave with pay per year that may be used for personal business. Personal leave time shall not be carriers over into the succeeding years. Except in emergency situation, an employee shall submit his / her request to the Chief of Police forty-eight (48) hours in advance of his her intent to take his / her personal leave. Granting of personal day leave time shall be at the sole discretion of the Chief of Police.

      Section 2- An additional personal day leave with pay shall be granted to each officer providing that during the preceding year, the individual officer is not determined by the Chief of Police to have been at fault with regard to any type of motor vehicle accident with any Borough police car involving damage to the police car or any other vehicle involved in excess of $500.00. Granting of personal day leave time and decision regarding accidents shall be at the sole discretion of the Chief of Police.


      ARTICLE X

      INSURANCE


      Section 1

        Medical Benefit Plan: The Borough agrees to provide and assume all costs for health care insurance for both the employee and is immediate family as presently provided, subject to the provisions of this Article. The Borough also agrees to provide and assume costs of a dental, eyeglass, and prescription plan. The Borough reserves the right to change insurance carriers, implement self-insurance, or provide alternate insurance options as long as the value of the minimum level of benefits is maintained. If the changes to the benefits are optional, then the Police will be informed when the options are offered. If there are planned changes to the minimum benefit package, then the police will need to approve the changes prior to the change. The Borough provided disability insurance will also apply to all full-time officers.


        Effective with the first pay period in January of 2014, all active non-retired police officers covered by the Agreement shall contribute towards the cost of health insurance in accordance with the provisions of P.L. 2011, Chapter 78 (hereafter referred to as “premium sharing payments”). These premium sharing payments shall be made on a pre-tax basis pursuant to an IRS Section 125 Salary Reduction Premium-Only Plan, in accordance with the Borough’s regular payroll practices. Employees who opt out of the Borough’s health insurance plan, disabled “in the line of duty”, retirees with 20 or more years of creditable service in one or more State or locally administered retirement systems as of June 28, 2011, or spouse or eligible dependents of an officer who loses his her life “in the line of duty”, shall not be required to make such premium sharing payments. These premium sharing payments shall be inclusive of any such payment required in the future by New Jersey law or mandate.


        Effective January 1, 2014, employees with less than 20 years of creditable service in one or more state or locally administered retirement systems as of June 28, 2011, and who subsequently retire after the signing of this contract, shall only make health care contributions during retirement, in accordance with any applicable requirements in P.L. 2011, Chapter 78.


        Effective January 1, 2014, all retired and active non-retired police officers covered by this Agreement shall contribute toward co-pay of Emergency Room visits at $100.00 per visit: In – Network office visits co-pay at $15/$15 and Prescription co-pays at $10/$24/$40 Retail with Mail Order to equal 2x Retail co-pays. The Borough agrees to meet and confer with the Union if the Borough’s health plan requires adjusting or changing the aforementioned schedule of co-pays.

      Section 2- Effective January 1, 2014, the Borough shall make dependent coverage in its health and prescription plans as set forth in this Article, available for an adult child until the child turns 26 years of age in accordance with Section 2714 of the Federal Patient Protection and Affordable Care Act. Student status is not required. Coverage will be terminated at the end of the year in which the child turns 26 years of age, subject to the right to elect continued coverage until age 31, pursuant to P.L. 2005, Chapter 375, as set forth below.

      Section 3 – Subject to the provisions and requirements of Public Law 2005, Chapter 375, employees who are enrolled through any Borough health or prescription plan may elect to enroll their dependent until age 31 for an additional premium which shall be billed directly to the employee by the insurance carrier. Dependents who are permanently disabled will remain covered during the life of the employee.

      Section 4Civil – Union partners and domestic – partners of the same gender under New Jersey shall be considered as dependents eligible for insurance benefits and shall be used interchangeably with the term “spouse”.

      Section 5 – Effective January 1, 2014, and pursuant to P.L.2011, Chapter 78, the Borough shall provide a flexible spending account (FSA) to permit employees to voluntarily set aside, on pre-tax basis, a portion of their earnings to pay for qualified medical and dental expenses not otherwise covered by their health benefits plan, pursuant to Section 125 of the Internal Revenue Code, 26 U.S.C. Section 125.

      Section 6 – Death Benefit: If an officer loses his life “in the line of duty”, the Borough will continue to provide and assume all costs for the Medical Benefit Plan described in Section 1 above, or equivalent, for his spouse until his spouse either dies, remarries or is included in an alternate plan, and eligible dependents. In addition, the Borough shall pay all time accrued by the officer, including but not limited to sick, compensatory, personal and vacation time to the officer’s spouse, or if single or divorced, designated beneficiary on file with the Borough.

      Section 7 – The Borough will provide and assume all costs for the Medical Benefit Plans described in Section 1 above, or equivalent, for any officer who is disabled “in the line of duty”. Such coverage will cease if said officer becomes eligible for Medicare / Medicaid or shall be offered paid equivalent hospitalization coverage by a future employer. His / Her spouse, until the spouse dies, remarries, or is included in an alternate plan, and eligible dependents will also be covered.

      Section 8 – Having attained twenty-five (25) years of service with the Borough, a police retiree of the Borough will be covered by the Borough medical health insurance plan as described in Section 1 under Insurance until attaining the age of sixty-five (65). This benefit is only for the employee and not for the spouse or family members.

      Section 9 – The Borough of Wenonah agrees to provide and assume all costs for Policy Professional Liability Insurance for officers under this Agreement.


      ARTICLE XI

      APPEARANCE ALLOWANCE


      Section 1 – The Borough agrees to pay for cleaning and maintenance of uniforms for officers under the Agreement up to a maximum of the following dollar amount per year per officer. Money to be paid quarterly to the officer.


      2017 2018 2019 2020

      $1,100.00 $1,100.00 $1,100.00 $1,100.00

      ARTICLE XII

      CLOTHING


      Section 1 – The Borough shall amply supply all officers with uniforms and equipment, including shoes and foul weather gear as determined necessary by the Chief of Police. All expenses for replacement of uniforms for officers when worn out shall be borne by the Borough. Officers must submit a written request for clothing and equipment to the Chief of Police and the Public Safety Chairperson.


      ARTICLE XIII

      POLICE TRANINING SCHOOLS


      Section 1 – The Chief of Police shall provide for posting of notices advising employees of the availability of schools and seminars. Officers must submit a written request to attend schools or seminars to the Chief of Police and the Public Safety Chairperson.

      Section 2 – Employees attending police schools and / or seminars which are required by the Chief of Police in order to upgrade the performance and efficiency of the Department, shall be reimbursed with the schedule established herein:


        See current Borough policies for mileage payment (if employee’s own car is used) and actual tools.

        See Miscellaneous Allowance Section for meal payment where not provided as part of the school or seminar.

        The cost of said seminars, schools or training shall be all the expense of the Borough if the employee is required to attend. Employees may attend voluntarily with the approval of the Chief of Police. However, the cost of such voluntary seminars, schools, or additional training shall be at the personal expense of the employee unless the employee and the Borough mutually agree upon alternative arrangements.

        All expenses must be covered with receipts, as per the Borough policies (see Miscellaneous Allowance)


      Section 3 – The Chief of Police will ensure that each officer covered under this Agreement is given the opportunity to qualify twice a year with his / her departmental and off-duty firearm and additionally given the opportunity to acquaint himself / herself with any other weapons as he / she may be required to use in the course of his / her duties, specifically familiarization with the 12-gauge shotgun by firing the same on the range under supervision of a range officer at the time of qualification. The Borough will supply ammunition. This section must be in agreement with any current New Jersey laws or New Jersey Attorney General Opinions concerning firearms qualifications by police officers.

      Section 2 – Millage: For the use of the employee’s private car, the Borough policies will be followed. Receipts will not be required for expenses less than $5.00 but such expenses must be itemized. Reimbursement in amounts up to fifty dollars, ($50.00), will be handled through petty cash. The mileage reimbursement rate will be adjusted to reflect any changes in the IRS standard millage rate.


      ARTICLE XIV
                      MISCELLANEOUS
      Section 1 - Meals: Meals at the rate not to exceed $8.00 for breakfast, $8.00 for lunch and $20.00 for dinner, will be paid by the Borough, when approved by the Chief of Police in connection with an assignment outside the Borough in duration of four (4) continuous hours or longer. This is intended to cover expenses when testifying in court actions, investigations, and for such other activities, as may be required by the Chief of Police. All expenses must be covered by receipts as provided in the Borough petty cash guidelines.

      Section 2 - Mileage: For the use of the employee's private car, the Borough policies will be followed. Receipts will not be required for expenses less than $5.00 but such expenses must be itemized. Reimbursement in amounts up to fifty dollars ($50.00) will be handled through petty cash. The mileage reimbursement rate will be adjusted to reflect any changes in the IRS standard mileage rate.

      ARTICLE XV

      EQUIPMENT


      Section 1 – The Borough shall equip each patrol car with a safety cage between the front and rear seats.

      Section 2 - The Borough agrees to maintain all equipment in a safe operating condition, except in emergency situations. The employee will not be required to drive a vehicle if it has been deemed unsafe by the Chief of Police. The officer is responsible for notifying the Chief of Police of any mechanical problems with the vehicles.

      Section 3 – The Borough shall provide one (1) shotgun with sufficient ammunition for each patrol car.

      Section 4 – No employee shall be required to perform any non-office function without radio communications at his / her disposal.


      ARTICLE XVI

      COLLEGE INCENTIVE


      Section 1 – For successful completion of courses, each officer shall be entitled to a maximum of five-hundred dollars ($500.00) per year reimbursement towards the cost and one-hundred percent (100%) reimbursement for the cost of required books for college courses. Said courses and books must be related to employment as determined by the Chief of Police and shall be approved by the chairperson of the Public Safety Committee. For payment, receipts shall be presented to the Chief of Police along with a copy of the grades received in the courses. The following payment schedule shall apply for each course completed:

      100% Grade of A or B

      75% Grade of C

      0% Grade below C or incomplete

      Section 2 – The following incentives will be paid each year of the contract, upon successful completion:


        EMT Certificate $250.00

        FBI Academy Degree $400.00

        Associates Degree $400.00

        Bachelor’s Degree $650.00

        Master’s Degree, L/E $1,150.00


        Incentives to be paid annually on or about November 30th. Only the highest degree of Associates, Bachelors or Masters will be paid.

        ARTICLE XVII

        PROBATIONARY PERIOD


        Section 1New employees of the Department who have not served a probationary period shall serve a probationary period of one (1) year. During said probationary period, they shall be paid at the patrol person 6th Class level as set forth in the Borough Salary Ordinance. Upon successful completion and following the recommendation by the Chief of Police and confirmation by Mayor and Council, the officer shall advance to the 5th Class level of the salary guide as set forth herein. During the probationary year, the officer will be covered by the Borough’s employee policies for those items not specified in this contract.

        Section 2 – The Borough reserves the right to hire a new officer at any class level should the Borough deem that the candidate’s experience and qualifications warrant. Following successful completion of the one (1) year employment period and following appointment as a permanent patrol person, the new officer will remain at the same salary level for the following year. Beginning the third year, he / she will move to the next class salary level, if warranted.

        Section 3 – In the event of any negative recommendation, lack of recommendations, or the Mayor or Council to confirm the recommendation of the Chief of Police, the affected officer shall have the right to file a grievance. Any grievance shall be in accordance with the grievance procedure set forth in the collective bargaining agreement.


        ARTICLE XVIII

        LEGAL AID


        Section 1 – If an employee is charged with a violation of the law as a result of acts committed by him her in the performance of duties as an officer representing the Borough of Wenonah, the Borough shall reimburse the employee for the reasonable costs of the services of the attorney selected by the employee, (subject to the Borough’s approval as to said selection), to represent the officer. Said payment is conditioned upon the employee being found not guilty. The Borough shall also pay such other legal fees. Nothing in this section shall supersede the subrogation of an officer’s defense, his selection of an attorney, and any legal costs associated therein, to an insurance company retained by the Borough to provide liability insurance covering the Police Department, if such insurance covers any such matters or incidents involving an officer.

        ARTICLE XIX

        PENSION


        Section 1 – The Borough shall continue to make contributions into the Policy and Fireman’s Retirement System pension and retirement plan on behalf of those covered by the Agreement, according to the formula prevailing as of the date of the execution of this Agreement and upon the terms fixed by the statutes and laws of the State of New Jersey.

        ARTICLE XX

        SAVINGS CLAUSE


        Section 1 – In the event that any Federal or State legislation, governmental regulation or court decision causes invalidation of any Articles or Sections of the Agreement, all other Articles and Sections not so invalidated shall remain in full force and effect, and the parties shall renegotiate concerning any such invalidated provision.

        ARTICLE XXI

        DISCRIMINATION OR COERCION


        Section 1 – There shall be no discrimination interference or coercion by the Borough or any of its agents against the employees represented by the PBA because of membership or activities in the PBA. The PBA or any of its agents shall not intimidate or coerce employees into membership. Neither the Borough nor the PBA shall discriminate against any employee because of race, creed, color, age, sex or national origin.

        ARTICLE XXII

        RETENTION OF BENEFITS


        Section 1 – The provisions of municipal ordinances and resolutions applicable to the members of the unit shall remain in full force and effect except as specifically modified herein, during the term of the Agreement and shall be as if incorporated in this Agreement and as if set forth herein at length.

        ARTICLE XXIII

        PEACEFUL RESOLUTION OF DIFFERENCES


        Section 1 – Both parties recognize the desirability of continual and uninterrupted operation of the Police Department and avoidance of disputes that threaten to interfere with such operation. Since the parties have established a comprehensive grievance procedure under which unresolved disputes may be settled, the parties have thereby removed any cause of work interruption. The PBA accordingly agrees that it will not, nor will any person acting on its behalf, cause, authorize or support nor will any of its members take part in any strike (i.e., that concerted failure to report for duty or willful absence from his / her position or stoppage of work or abstinence in whole or in part from the full, faithful and proper performance of the employees’ duties of employment).

        The above is interpreted that: The PBA may be held liable for damages for “wildcat” strikers, unless the PBA, in writing and publically, disavows the strike and notifies the strikers to return to work. The PBA agrees that any strike is a breach of contract, and such act removes all impediment from and permits the Borough to dismiss or otherwise discipline employee taking part in that breach of contract.


        ARTICLE XXIV

        GRIEVANCE PROCEDURE


        Section 1 – Definition: For the purpose of the Agreement, a grievance is defined as a dispute between the Borough and any Employee covered hereby with respect to the alleged violation of a specific provision of this Agreement.

        Procedure: Any employee shall have the right to present a grievance as specified within.

        Section 2Step 1 – Chief of Police: Any employee who believes he or she has a grievance shall discuss it first with the Chief of Police in an attempt to resolve the matter informally at that level. If, as a result of this discussion, the matter is not resolved to the satisfaction of the employee, he or she shall set forth his or her grievance in writing within ten (10) days of the date of the occurrence of the event giving rise thereto and presented, properly identified as a grievance to the Chief of Police specifying:


          The specific nature of the grievance and the contract clause violated.

          The results of previous discussions.

          Then date and time of presentation.

          The relief sought.

          The Chief of Police shall communicate his / her decision to the employee within ten (10) days of the receipt of the written notice.


            Step 2 – Chairperson of the Public Safety Committee: In the event the employee remains dissatisfied, he or she shall, no later than seven (7) days after the receipt of the Chief of Police’s written decision, appeal to the Chairperson of the Public Safety Committee. The appeal to the Chairperson of the Public Safety Committee must be made in writing, as submitted to the Chief of Police, specifically detailing the employee’s dissatisfaction with the decision previously rendered. The Chairperson of the Public Safety Committee or designee shall communicate his / her decision in writing to the employee and to the Chief of Police.

            Step 3 – Mayor: If the grievance remains unresolved to the employee’s satisfaction, he / she may, no later than seven (7) days after the receipt of the Chairperson of the Public Safety Committee decision, request, in writing, a review, a review by the Mayor. All previous documents shall be submitted to the Mayor with such written request for review, and he / she shall render a decision no later than twenty-one (21) days after the receipt of the grievance. The Mayor may, if he / she so desires, indicate a designee to hear and resolve such grievance.

            Step 4 – Arbitration: In the event settlement of the grievance is not reached in Step 3, the matter may be appealed through the arbitration procedure hereinafter established. Notification of appeal to arbitration shall be made known to the other party, in writing, within twenty-one (21) days subsequent to the date of receipt of the decision rendered in Step 3. In the event arbitration is required, the parties shall endeavor to mutually agree upon an arbitrator. If the parties fail to agree on such arbitrator, they shall jointly request the New Jersey Public Employment Relations Commission to furnish a panel of arbitrators. The fees and expenses of the arbitrator shall be borne equally by the parties. The decision of the arbitrator as set forth in the Agreement as alleged in the written grievance and to the appropriate remedy. The arbitrator shall have no authority in any case to add to, subtract from, or alter in any way the provisions of the Agreement.

            Section 3 – Miscellaneous:

            In the event a grievant is represented by himself / herself or by an attorney, the PBA shall be notified by the grievant and shall be permitted to be present at all grievance meetings, if such be held. Copies of all correspondence shall be forwarded by the grievant to the PBA under such circumstances.

            Failure to file or appeal grievances within the specified time limits shall constitute a waiver and settlement of the grievance.

            Failure of the Borough of Wenonah representative to give his / her answer within the time limits provided at any step of the grievance procedure will automatically advance the grievance to the next step of the grievance procedure, provided there shall be no waiver of the written notification requirements of Section 2, Step 4.

            It is understood and agreed that nothing herein shall prevent either the Borough of Wenonah or the PBA and / or grievant from agreeing to waive one or more steps of the grievance procedure or from agreeing to submit a grievance directly to arbitration.

            Neither the Borough of Wenonah nor the PBA shall subject any employee grievant to reprisals for participation in the grievance procedure. The grievance papers shall not be filed in the employee’s file unless all grievance papers are filed therein.

            It is understood that employees shall, during and notwithstanding the pertinence of any grievance, continue to observe all assignments and applicable rules and regulations of the Borough until the results of such grievance and effects thereof have been fully determined.

            The decision of the arbitrator shall be binding upon both parties and appeal to the court is waived, except as to the issues of procedure and enforcement of such award.

            The arbitrator shall not have the power to award costs or attorney fees to either party.



              ARTICLE XXV

              DEFINITIONS


              Section 1- Law Enforcement Arm of the Borough of Wenonah: Refers to individually or collectively the following: Sergeant, Chief of Police, Borough Prosecutor, Chairperson of the Public Safety Committee, Mayor, Council Members of the Public Safety Committee and Borough Council.

              Section 2 – In the Line of Duty: Defined as engaged in carrying out the duties and responsibilities assigned to a police officer while either on active duty or when responding during an emergency situation while off duty.

              Section 3 – Political Activity: Activities related to the actions and efforts involved in influencing the political opinions and ballots of other persons. Such activities may include oral discussions, letter writing, telephoning, participation in public meeting, and soliciting or tendering monetary contributions


              ARTICLE XXVI

              DURATION


              Section 1 – This Agreement becomes effective January 1, 2017 and shall terminate on December 31, 2020. This Agreement is signed between the parties (N.J.S.A. 34:13A-21).

              IN WITNESS WHEREOF, the parties have caused these presents to be duly executed the day and year first aforesaid.

              FOR THE BOROUGH: FOR THE PBA LOCAL 122:

              ____________________ _____________________

              JOHN R. DOMINY, MAYOR AMY STRANAHAN

              ____________________ _____________________

              JACK C. SHEPPARD JR. NICK BARBETTA

              PUBLIC SAFETY CHAIR PBA 122

              Dated: Dated:

                          ATTACHMENT 1 FITNESS INCENTIVE TEST

        SIT AND REACH
          Up to 29 Years Old
          30 to 39 years Old
          Over 39 Years Old
          100%
          25" and above
          24" and above
          23" and above
          90%
          19" to 25"
          19" to 26"
          16" to 23"
          80%
          16" to 19"
          15" to 19"
          12" to 16"
          70%
          10" to 16"
          811 to 15"
          5" to 12"
          60%
          8" to 10"
          6" to 8"
          4" to 5"
          Not eligible
          Below 8"
          Below 6"
          Below 4"

        ILLINOIS AGILITY RUN
          Up to 29 Years Old
          Over 29 Years Old
          100%
          16.1 and below
          16.2 below
          90%
          16.2 to 17.7
          16.3 to 18.1
          80%
          17.8 to 18.6
          18.2 to 19.1
          70%
          18.7 to 20.2
          19.2 to 21.0
          60%
          20.2 to 21.7
          21.0 to 22.5
          Not eligible
          Over 21.7
          Over22.5

        PULL-UPS
          Up to 26 Years Old
          27 to 39 Years Old
          Over 39 Years Old
          100%
          20+
          18+
          16+
          90%
          16-19
          14-17
          12-15
          80%
          12-15
          13-13
          8-11
          70%
          8-10
          6-9
          4-7
          60%
          6-8
          4-6
          3-4
          Not eligible
          Below 6
          Below 4
          Below 3
        Page 37 of 39


        SIT-UPS (One-Minute)

          Up to 29 Years Old
          30 to 39 Years Old
          Over 39 Years Old
          100%
          51+
          45+
          39+
          90%
          40-50
          34-44
          26-38
          80%
          35-39
          29-33
          19-25
          70%
          24-34
          14-18
          6-18
          60%
          20-24
          14-18
          5-6
          Not eligible
          Below 20
          Below 14
          Below 5








          Wenonah Boro and PBA Loc 122 2017.docx