COLLECTIVE BARGAINING AGREEMENT
HUNTERDON COUNTY PBA LOCAL 188,
THE TOWNSHIP OF TEWKSBURY
TABLE OF CONTENTS
I. RECOGNITION 3
II. NEGOTIATION PROCEDURE 3
III. SEVERABILTY CLAUSE 4
IV. RETENTION OF BENEFITS 4
V. GRIEVANCE PROCEDURE 4
VI. HOURSOFWORKANDOVERTIME 6
VII. BASE SALARIES AND WAGES 7
VIII. COLLEGE INCENTIVE PROGRAM 9
IX. CLOTHING ALLOWANCE & MAINTENANCE COSTS 10
X. HOLIDAYS .. 11
XI. VACATIONS & CONSECUTIVE DAYS OFF 12
XII. PERSONAL DAYS 13
XIII. SICK LEAVE 13
XIV. INJURY-ON-DUTYLEAVE 13
XV. NON-JOB RELATED DISABILITY 14
XVI. BEREAVEMENT LEAVE 15
XVII. UNPAIDLEAVEOFABSENCE . 15
XVIII. RESERVED 16
XIX. INSURANCE PLANS 16
XX. LEGAL DEFENSE . 16
XXI. EMPLOYEE RIGHTS DURING INVESTIGATIONS 17
XXII. PBA REPRESENTATIVE 18
XXIII. RESERVED 19
XXIV. JUST-CAUSE PROVISION 19
XXV. PERSONNEL FILES 19
XXVI. PRINTING OF AGREEMENT 19
XXVII. MISCELLANEOUS 20
XXVIII MANAGEMENT RIGHTS 21
XXVIX. DURATION OF AGREEMENT 22
This agreement made this 6th day of February, by and between the TOWNSHIP
OF TEWKSBURY, a municipality in the County of Hunterdon, State of New
Jersey, hereinafter referred to as the ‘Employer”, and the HUNTERDON
COUNTY POLICEMEN’S BENEVOLENT ASSOCIATION LOCAL NO. 188,
TEWKSBURY UNIT, hereinafter referred to as the “PBA’.
WHEREAS, it is the intent and purpose of the parties hereto to promote and
improve the harmonious and economic relations between the Employer and its
employees and to establish a basic understanding relative to the rates of pay,
hours of work, and other conditions of employment consistent with the law;
NOW THEREFORE, in consideration of these premises and mutual covenants
herein contained, the parties hereto agree with each other with respect to the
employees of the Employer recognized as being represented by the PBA as
1. The Employer recognizes the PBA as the exclusive representative for the
purpose of collective negotiations with respect to the terms and conditions of
employment of the members of the bargaining unit, which shall be defined
as: all full-time police officers employed by the Employer, but excluding the
Chief of Police and special officers.
2. The term “employee” as used hereinafter, shall be interpreted
interchangeably with the term “Police Officer.”
1. The Employer and the PBA agree, at the request of either party, to enter into
negotiations for a Successor Agreement in accordance with the Rules and
Regulations of the Public Employment Relations Commission. In such
negotiations, each party shall be free to propose and negotiate with regard to
all appropriate subjects which it desires to place before the other for
consideration. Such Agreement shall apply to all members of the bargaining
unit and shall be reduced to writing and, after ratification, signed by the
2. The parties mutually pledge that their representatives shall be clothed with
all the necessary power and authority to make proposals, consider
proposals, and make counter proposals in the course of negotiations,
consistent with their status as representatives of their principals. No
proposals shall be binding until formally approved by the principals.
1. In the event that any federal or state legislation, governmental regulation or
court decision causes invalidation of any article or section of this Agreement,
all other articles and sections not so invalidated shall remain in full force and
effect, and the parties shall re-negotiate concerning any such invalidated
2. It is understood and agreed that upon mutual consent of both the Employer
and the PBA that the two parties may meet for the purpose of affecting a
change or providing an addendum to any section of this Agreement. It is
further understood and agreed upon that the remaining sections of the
Agreement shall remain in full force and effect.
RETENTION OF BENEFITS
It is understood and agreed upon that all rights, privileges and benefits which
the employees have heretofore enjoyed and are presently enjoying, shall be
maintained and continued by the Employer during the term of this Agreement
and not less than the highest standards in effect at the commencement of
the negotiations resulting in this Agreement.
The term “grievance” as used herein means any controversy arising over the
interpretation, application or alleged violation of policies or administrative
decisions affecting terms and conditions of employment under this
Agreement, and may be raised by an individual unit employee, a group of
unit employees, or the PBA, at the request of any such individual or group
(hereinafter referred to as the “grievant”).
2. Steps of the Procedure
Step One: A grievance initially must be filed within thirty (30) calendar days
from the date on which the act which is the subject of the grievance occurred
or became known to the grievant, whichever is later. The grievance shall be
submitted in writing to the Chief of Police, who may conduct a hearing
regarding the grievance at his/her discretion, and shall render a decision, in
writing, within fifteen (15) days of his/her receipt of the grievance.
Step Two: In the event the grievance is not resolved to the grievant’s
satisfaction at Step One, or in the event the Chief of Police has not served a
timely written response at Step One, then within fifteen (15) days after the
response date set forth in Step One, the grievant may present the written
grievance and any written response(s) received at Step One to the
Administrator or his/her designee.
The parties shall meet within ten (10) days of this submission and the
Administrator, or his/her designee, shall have five (5) days thereafter to make
a written response.
Step Three: In the event the grievance is not resolved to the satisfaction of
the grievant at Step Two, or in the event the Administrator, or his/her
designee, has not served a timely written response at Step Two, then within
fifteen (15) days after the response set forth in Step Two, the grievant may
notify the Police Commissioner, or his/her designee, in writing of his/her
intent to submit the grievance to the New Jersey Employment Relations
Commission (PERC) for binding arbitration. If the grievance is so submitted:
A.) The arbitrator shall be required to deliver parties a written award,
coupled with a written opinion setting forth detailed reasons, findings of
fact, and conclusions of law utilized in making his/her award, by no later
than thirty (30) days from the date of closing the hearings, or if oral
hearings have been waived, then from the date of transmitting the final
statements and proofs to the arbitrator. The arbitrator expressly has no
authority to modify, add to, subtract from, or in a any way whatsoever,
alter the provisions of this Agreement.
B.) Grievance meetings and hearings shall be held at mutually acceptable
times and places. The grievant shall have at his/her request a
representative from the PBA and/or a labor consultant to assist in the
resolution of the grievance at such meetings and hearings.
C.) The fees, expenses, and all other proper charges of the arbitrator shall
be split equally between the parties; however, each party shall bear
his/her own additional costs.
D.) All grievance hearings scheduled in accordance with the provisions
hereof shall be so scheduled so as to avoid time off from regular
scheduled shifts. However, in the event a grievant, or witness called by
him, is on duty, he/she shall be permitted to attend the said hearing
without reduction or loss of pay.
E.) No reprisals of any kind shall be taken by the Employer, or by any agent
thereof, against any grievant or party participating in a grievance
procedure or any member of the PBA by reason of such participation.
F.) All grievance hearings, conducted as outlined herein, shall be conducted
in private and shall be attended by the respective parties and/or their
representatives, in addition to any witnesses produced by either party for
the purposes of testifying at such hearing.
HOURS OF WORK AND OVERTIME
1. Hours of Work. The work day shall consist of not more than twelve (12)
consecutive hours in a twenty-four (24) hour period except in cases of bona
fide emergencies. The work period shall consist of 168 hours during a 28
calendar-day cycle under a 4-and-4 work schedule. Employees agree to
report for duty fifteen (15) minutes prior to the start of their scheduled shift
and shall be permitted to leave fifteen (1 5) minutes before the end of their
tour of duty; provided that all necessary information has been disseminated
to the relieving officer who shall be on duty.
2. Distribution of Overtime. A published overtime list of all employees shall
be maintained by the Chief of Police, or his/her designee, and overtime shall
be equally distributed to the extent possible on a rotating basis among the
officers. Adjustments shall not be made in an employee’s scheduled tours of
duty, nor shall special police officers be called in to work instead of full-time
officers, to avoid overtime.
3. Overtime Rate. All hours worked in excess of 168 hours during a 28
calendar-day cycle shall be compensated at 1-1/2 times the regular rate of
pay with the employee having the option of direct cash payments or
compensatory time off.
A.) Monetary compensation for overtime worked shall be made within the
next pay period after request is made. This will be paid in a separate check.
B.) Employees may accrue up to 480 hours of compensatory time which
may be taken at any time subject to the approval of the Chief of Police, or
his/her designee, which approval shall not be unreasonably withheld.
C.) Compensatory time shall be paid at the rate of the year it is withdrawn.
This will be paid in separate check.
4. On-Call and Call-In. Employees shall each be provided with pagers and will
be required to be on-call in emergency situations only. In event an employee
is called in to work during other than regularly scheduled hours (i.e., off-duty
court or administrative appearances, police school, firearms qualification,
special training, first aid training, etc.) he/she shall be guaranteed a minimum
of two (2) hours pay at the rate of time and one-half (1-1/2).
5. Exchange of Duty. Employees shall be permitted to voluntarily swap their
tours of duty subject to the approval of the Chief of Police, or his/her
designee, which approval shall not be unreasonably withheld. This provision
is not to be construed as to increase the Employer’s overtime obligation.
6. Detective/Juvenile Officer. An officer assigned to the position of
Detective/Juvenile Officer shall work a five-day, 42-hour week, consistent
with the 168 hours in a 28-day work cycle. The specific daily hours shall be
flexible with the officer submitting his/her anticipated hourly schedule for the
following week in with his/her weekly time sheet. Overtime and
compensatory time shall remain unchanged and consistent with the current
BASE SALARIES AND WAGE
1. Base Salary. The base salary for each rank shall be as follows:
4.0% 4.0% 4.0%
2004 2005 2006
Sergeant $71,937 $74,814 $77,807
Patrolman 1st Class $68,513 $71,254 $74,104
Patrolman 2nd Class $65,249 $67,859 $70,573
Patrolman 3rd Class $62,140 $64,626 $67,211
Patrolman 4th Class $41,000 $41,000 $41,000
Patrolman 5th Class $34,000 $34,000 $34,000
Recruit $25,000 $25,000 $25,000
* Patrolman 4th Class, Patrolman 5 th Class and Recruit salaries will only
apply to those hired after January 1, 2001.
A.) Patrolman shall be adjusted to their experiential step on the guide and
receive automatic increments as of their respective anniversary dates
until they reach the status of Patrolman 1st Class.
B.) A Patrolman’s anniversary date shall be their date of hire.
C.) A new hiree, without prior Police Training Commission Certified training,
shall be enrolled in the first available class offered by the Police
Academy. Upon graduation from the academy the recruit shall
automatically move to the status of Patrolman 5 th Class.
D.) A new hiree, with prior Police Training Commission Certified training,
shall immediately be placed on probationary status. The probationary
period will apply to all newly hired patrolmen regardless of prior
experience with any Law Enforcement Organization, in accordance with
E.) The probationary period for a new patrolman shall end when the Chief of
Police makes the recommendation to the Township Committee, but in no
case shall the period exceed twelve (12) months from the beginning of
F.) There shall be twenty-four (24) pay periods per year.
G.) The Employer will make a reasonable attempt to insure that retroactive
pay, resulting from annual increases, is paid, each year by April 15.
2. Rotations Allowance. In addition to the above annual base salary, each
employee shall receive a Rotation Allowance of two hundred-fifty dollars
($250) which will be combined with Unreimbursed Expenses and Clothing
Allowance to be paid by separate check during the last pay period in April.
3. Unreimbursed Expenses. In addition to the above annual base salary,
each employee shall receive two hundred-fifty dollars ($250) for
Unreimbursed Expenses which will be combined with Rotations Allowance
and Clothing Allowance to be paid by separate check during the last pay
period of April.
4. Longevity Payments. In addition to the above annual base salary each
employee hired prior to January 1 st 2001 shall be paid a longevity
increment, based upon the years experience from date of hire, in accordance
with the following schedule. Disbursements will be made pro rata in regular
paychecks with regular pension deductions made:
Upon Completion of 5 Years - 2% of base salary
Upon Completion of 10 Years - 4% of base salary
Upon Completion of 15 Years - 6% of base salary
All hirees hired on January 1st 2001 and thereafter shall not be entitled to the
5. Pay for Higher Rank. An officer temporarily assigned to the duties of a
higher rank shall receive the pay of the higher rank effective on the 15th day
working in that capacity.
COLLEGE INCENTIVE PROGRAM
1. The full costs of tuition (not to exceed per credit rates for an equivalent
degree at Rutgers University) and textbooks will be paid for by the Employer
upon successful completion (C+ or higher, or a grade of Pass if + or - not
given) of any accredited college course leading to a degree in Law
Enforcement, Criminal Justice, Police Science, or a program of instruction
related to their employment to be approved by the Chief of Police, within
thirty (30) days following the submission of receipts for same. This section of
the Agreement shall only apply to the first degree to be obtained by an
employee at any particular level (i.e., the first associate’s degree, the first
bachelor’s degree, and the first master’s degree.)
2. In addition to the annual base salary, employees hired prior to June 1,1998
shall be granted a college incentive payment based upon the attainment of
the following degrees:
Associates Degree $500
Bachelors Degree $750
Masters Degree $1000
It is understood and agreed that the attainment of a higher degree eliminates
any further compensation for the holding of the lower degree.
It is further understood and agreed upon that payments for the holding of
degrees shall be made according to the following schedule:
A.) Degree incentive payments shall be awarded on a recurring annual
B.) Degree incentive payment shall be paid in full annually in a separate
check on the last pay period of November.
C.) Degree incentive payments are not to be included in base salaries.
D.) Employees that attain degrees on or before July 1 shall receive the full
incentive payment for the year in which the degree was attained.
Employees that attain degrees after July 1 shall receive half of the
incentive payment for the year in which the degree was attained.
E.) Proof of the date of attainment of a degree shall be a letter from the
Registrar’s office of the College attended, on the College’s letterhead.
CLOTHING ALLOWANCE AND MAINTENANCE COSTS
1. The uniform and equipment items listed below shall be supplied by the
Employer in lieu of an employee’s first calendar year’s clothing allowance.
Further, the second calendar year’s clothing allowance will be prorated to the
anniversary date of the employee. In addition, articles listed shall be
distributed to all non-recruit officers if they were not supplied when originally
hired. All articles of equipment in the officer’s possession remain the
property of the Employer and shall be returned to Employer at the
termination of employment. All uniforms remain the property of the Employer
for three years from initial issue.
Initial Clothing Supply:
1 Winter Jacket
1 Spring Jacket
1 Dress Blouse
3 Pairs of Pants
3 Long Sleeve Shirts
3 Short Sleeve Shirts
1 Pair Shoes
1 Reversible Raincoat
1 Pair Rubber Rainboots
4 Pair of Socks
1 Pair Winter Boots
1 Winter Hat
1 Pair Gloves
1 Name Tag
1 Pair/Set Collar Brass
1 Whistle and Holder
1 Gun Belt “Sam Brown”
1 Pair Handcuffs and
1 Dual Clip Pouch
2 Spare Clips
1 Key Ring
1 Baton or PR-24 and Holder
4 Belt Keepers
1 Tie Tack or Tie Clip
1 Pager Set
1 Mace Canister and Mace Case
2. A clothing allowance in the amount of eight hundred dollars ($800) for the
year 2004, 2005 and 2006 for each employee shall be paid by the Employer
along with Rotations Allowance and Unreimbursed Expenses on the last pay
period in April in a separate check. The employees may make their
purchases at a vendor of their choice but the uniform must meet the standard
Also, armored vests and replacement vests shall be provided by the
Employer, without cost to the employee, upon the employees request. This
shall not be construed to be deducted from the clothing allowance.
3. In the event that all or any part of the present uniform is changed, the costs
of such changes shall be borne by the Employer and not considered as part
of the yearly clothing allowance as set forth above.
4. The Employer further agrees to provide for the repair and cleaning of
uniforms and equipment at its sole cost and expenses. Employees may
frequent any branch store of the designated cleaners.
5. In addition, each employee shall be entitled to be reimbursed the
replacement costs of any clothing or apparel damaged or destroyed while
employed in his/her capacity as a police officer with a maximum limit of $150
for eyeglasses and $50 for watches. Upon a report of damaged article to the
Chief of Police, or his/her designee, approval shall be granted to charge
replacement, of equal value, at a vendor of the officer’s choice. This is to be
paid in a separate check.
1. For each year of this Agreement, employees shall be entitled to the following
paid traditional holidays:
New Years Day Columbus Day
Martin Luther Kings Birthday Election Day
Presidents Day Veterans Day
Good Friday Thanksgiving Day
Memorial Day Day After Thanksgiving
Independence Day Christmas Day
2. Hours worked on a holiday shall be compensated at time and one-half
(1-1/2) in addition to the days holiday pay at straight time. Employee
schedules will not be altered on a holiday to avoid overtime.
3. Payment in a separate check for said holidays shall be made as follows:
1/2 to be paid in the 2nd pay period in April; and
1/2 to be paid in the 2nd pay period in November.
1. Each employee shall be granted paid vacation days as set forth in the
After one (1) year of service through two (2)
years of service Six (6) days
After two (2) years of service through eight
(8) years of service Twelve (12) days
After eight (8) years of service through
fifteen (15) years of service Eighteen (18) days
After fifteen (15) years of service Twenty-four (24) days
2. Vacation leave is to be credited automatically to each employee on January
1st of each year. Vacation leave so credited is to be prorated in the event
the 1st, 2nd, 8th, or 15th anniversary of service falls during the calendar
year. If resignation or termination of an employee occurs during the calendar
year, unearned vacation days, which have already been taken, will be
deducted from any final salary payment.
3. Vacation preference shall be determined on the basis of seniority subject to
the reasonable discretion of the Chief of Police, or his/her designee, to
assure adequate continuous services. Upon thirty (30) days notice, an
employee shall be permitted to take up to twenty-eight (28) consecutive days
inclusive of vacation at one time if approved by the Chief of Police, which
approval shall not be unreasonably withheld. In addition, upon forty eight
(48) hours notice an employee may, but need not, take up to one (1) of the
vacation days to which he/she is entitled, subject to same approval.
4. Unused vacation days may be carried over to the following year when the
employee has been denied his/her vacation request due to the Employer’s
manpower requirements. In addition, the employee may elect to carry over
to the following year up to 12 vacation days, to be used before June 1 unless
denied due to manpower needs.
5. A permanent employee who retires or terminates his/her employment in
good standing with the Employer shall be entitled to the vacation allowance
for the current year pro-rated on the basis of one twelfth (1/12) of his/her
vacation entitlement for each month worked as of the date his/her separation
6. New officers shall not be entitled to vacation leave until the completion of the
first year of service. The Chief of Police may, at his/her discretion which
shall not be unreasonably withheld, grant an officer vacation prior to the
completion of the first year of service which vacation amount granted shall
be deducted from any vacation days to which the employee is entitled to in
his/her second year.
1. Employees shall be entitled to four (4) days leave of absence with pay for
personal business. Forty eight (48) hours notice for said leave shall be
given, except in cases of emergency, to the Chief of Police or his/her
designee. The Employer reserves the right to deny requests for personal
days, as conditions warrant, but approval shall not be unreasonably withheld.
2. No payment shall be made for unused personal days, but any unused
personal days may be carried over, to be used in the following calendar year.
1. Each employee shall be granted leave as set forth in the schedule below:
After three (3) months service one-half (1/2) day per month, to
a maximum of four and one half
(4 1/2) days for the remainder of
After one (1) year of service five (5) days per year
After three (3) years of service., eight (8) days per year
After five (5) years of service ten (10) days per year
2. Sick days may be used for personal illness or when a member of the
employee’s immediate family is ill and requires the presence of the
employee. An employee may be asked to submit acceptable medical
evidence substantiating the need for sick leave if absent from duty for three
or more consecutive days. In the event of the absence of an employee, the
Chief of Police, or his/her designee, shall be notified as soon as possible
prior to his/her scheduled shift.
3. Unused sick days shall accumulate from year to year. Upon retirement,
under the New Jersey Police and Firemen’s Retirement System, the
Employer shall pay the employee the full amount of any unused sick leave
accrued at the employee’s prevailing rate of pay not to exceed sixty (60)
4. The total number of sick days allocated shall be credited to each employee
as of January 1st of each year. In the event that resignation or termination of
an employee occurs during the calendar year, unearned sick leave, which
has already been used by said employee, will be deducted from any final
INJURY ON DUTY
1. Any employee who is injured while acting in the performance of his/her duty,
or who becomes ill as a direct result of his/her employment, shall receive full
pay less Worker’s Compensation temporary disability payments to which
he/she is entitled during the period of his/her absence from employment for
up to six (6) months, and this may be renewed for an additional six (6)
months at the discretion of the Employer.
2. Such payments shall begin from the onset of said injury or illness provided
that the Employer’s physician certifies that the disability prevents the
employee from carrying on the normal duties as a police officer. In the event
a disagreement arises with respect to the existence or extent of a job
connected disability, such issue shall be determined by a physician agreed
to by both parties to this Agreement, the cost of which to be borne by both
3. In any instance where the insurance carrier denies that the injury or illness is
job-related, this provision will become operative only after a decision by the
Division of Workers Compensation that the employee’s injury or illness was
sustained as a result of the performance of his/her duty. Pending the
outcome of this decision, the employee may use any sick or vacation leave
accumulated by him and shall later be credited with any time so used by
relinquishment of any payments later received for the same period.
NON-JOB RELATED DISABILITY
1. Any employee who has been temporarily disabled (non-job related) and is
unable to perform his/her duties as a police officer is eligible, consistent with
complying with insurance provisions, to receive benefits through the
Employer’s temporary disability insurance carrier.
2. During the processing of the application for said benefits, the Employer shall
pay the employee an amount equivalent to two-thirds (2/3) of regular base
pay. Payments received by the employee for said coverage from the
insurance carrier(s) shall be repaid by relinquishment to the Employer of any
payments later received by the employee for the same period.
3. In the event the employee is declared ineligible to receive temporary
disability payments under the plan, any monies advanced by the Employer
pursuant to Section 2 shall be deducted from the employee’s salary in equal
monthly installments not to exceed one hundred dollars ($100).
1. Employees shall be granted four (4) consecutive days leave, with no loss of
regular pay, upon the death of a member of his/her immediate family. One
of said days shall be the day of the funeral.
2. Immediate family is defined as spouse, children, parents, brothers, sisters,
grandchildren, grandparents, mother-in-law, father-in-law.
3. In the case of the death of an uncle, aunt, nephew, niece, brother-in-law
sister-in-law, or cousin in the first degree, and corresponding relatives of an
employee’s spouse, the day of the funeral shall be granted only.
4. Additional days may be approved, upon request, by the Chief of Police, or
his/her designee, which approval shall not be unreasonably withheld.
UNPAID LEAVE OF ABSENCE
1. An official unpaid leave of absence may be granted by the Employer. A
leave of absence shall not exceed six (6) months in length. A leave of
absence may be renewed at the discretion of the Employer for a period not
to exceed six (6) months.
2. An employee on leave of absence without pay, except military leave, does
not accrue vacation leave, sick leave, or any other benefits, No payments
will be made to the pension system or health plan during the leave of
absence unless the employee agrees to bear the costs. In that case, the
rules of the carrier shall apply.
3. Employees are required to notify the Employer of the anticipated date of
return, as soon as such date is known to the employee. Failure to return on
such date without a notice shall be considered a voluntary resignation. Upon
return, the employee shall be placed in the same rank and grade prior to said
leave and shall be credited with the same seniority accrued to said leave.
1. The Employer shall provide for hospital and medical insurance (including
major medical) for all employees and their families at no cost to the
employees under the State Health Benefits Plan or its equivalent. Such
coverage may be continued for future retirees and their spouses for the
retiree’s lifetime at the expense of the retiree as permitted by said plan.
2. The Employer shall provide a full-family dental plan, through Delta Dental
Plan of New Jersey, at no cost for the insurance to the employee.
3. The Employer shall continue life insurance coverage for employees at no
cost to the employees at the level of coverage provided by the New Jersey
Police and Firemen’s Retirement System.
4. The Employer shall continue false arrest and liability insurance for
employees at no cost to the employee in an amount no less than one million
5. The Employer shall self-insure and pay employees for eye examinations and
prescription eyeglasses/contact lenses, for the employee and his/her
immediate family, to an aggregate amount not to exceed two hundred dollars
($200) per year, upon presentation to the Employer receipts. Any portion of
the Two hundred dollars ($200) maximum not used in a calendar year may
be carried over to the following year, to a maximum of four hundred dollars
($400). Reimbursements shall be paid in a separate check, upon submittal
1. The Employer will provide defense for members or officers in action or legal
proceedings arising out of or incidental to performance of duties pursuant to
N.J.S.A.40A:14-155 as follows:
Whenever a member or officer of a municipal police department or force is a
defendant in any action or legal proceeding arising out of or incidental to the
performance of his/her duties, the governing body of the municipality shall
provide said member or officer with necessary means for the defense of
such action or proceeding, but not for his/her defense in a disciplinary
proceeding instituted against him by the municipality or in a criminal
proceeding instituted as a result of a complaint on behalf of the municipality.
In any such disciplinary or criminal proceeding instituted by or on complaint
of the municipality shall be dismissed or finally determined in favor of the
member or officer, he/she shall be reimbursed for the expense of his/her
2. The Employer’s obligation under paragraph 1 shall be deemed satisfied if its
insurance carrier enters a defense on behalf of the affected officer and
furnishes counsel. However, if the carrier advises that the claim against the
officer exceeds, or is excluded from its coverage, then the officer may select
his/her own counsel for his/her defense and the Employer shall pay or
reimburse all resulting legal fees and costs, at customary rates prevailing in
EMPLOYEE RIGHTS DURING INVESTIGATIONS
The wide ranging powers and duties given to the department and its members
involve them in all manners of contacts and relationships with the public. Out of
these contacts may come questions concerning the actions of the members of
the force. These questions may require investigation by superior officers. In an
effort to ensure that these investigations are conducted in a manner which is
conducive to good order and discipline, the following rules are hereby adopted:
1. The interrogation of an employee shall be at a reasonable hour, preferably
when the employee is on duty. If it is required that the employee report to
headquarters on his/her off-duty hours, he/she shall be compensated on an
overtime basis as set forth in this Agreement, unless it is determined that
he/she was remiss in his/her duties or found guilty of a preferred charge.
2. The employee shall be informed of the nature of the investigation before any
interrogation commences, including the name of the complainant. The
information must be sufficient to reasonably appraise the employee of the
nature of the investigation. If the employee is to be questioned as a witness
only, he/she shall be so informed at the initial contact.
3. The questioning shall be reasonable in length. Reasonable respites shall be
allowed. Time shall also be provided for personal necessities, meals,
telephone calls, and rest periods as are necessary.
4. The complete interrogation of the employee shall be recorded mechanically
and copies of tapes shall be provided to the PBA. “OFF THE RECORD”
questions shall be allowed with mutual consent only. All recesses called
during the questioning shall be recorded. The contents of the tapes shall be
kept confidential during the course of the investigation and the tapes shall
not be destroyed without mutual consent.
5. The employee will not be subject to any abusive language, nor shall he/she
be threatened with transfer, dismissal, or other disciplinary punishment. No
promise(s) or reward(s) shall be made as an inducement to answering
6. In all cases and at every stage of the proceedings the Department shall
afford an opportunity for the employee, if he/she so requests, to consult with
counsel and/or PBA representative(s) before being questioned concerning
any violation or complaint of any type, which may result in any disciplinary
action being taken against said employee.
7. This article shall not preclude a supervisor’s right to question subordinates
relative to their daily activities.
1. Accredited representatives of the PBA who are police officers may enter the
Employer’s facilities or premises at reasonable hours for the purpose of
observing work conditions of their constituents or assisting in the adjustment
of grievances. When the PBA decides to have its representatives enter the
Employer’s facilities or premises, it will request permission from the Chief of
Police, or his/her designee, in writing and such permission will not be
2. The Employer agrees to grant time off without loss of regular pay, not to
exceed six (6) days, to the PBA State Delegate to attend the annual PBA
State Convention, provided two (2) weeks written notice specifying the dates
of the convention is given to the Chief of Police by the Association. The time
off shall cover actual time attending the convention and reasonable travel
time to and from it. The officer shall provide his/her own transportation to the
convention and not use the Employer’s vehicles without prior authorization.
JUST CAUSE PROVISION
No officer shall be discharged, disciplined, suspended or reduced in rank or
compensation, without just cause. Any such action asserted by the Township
Committee, or any representative(s) thereof, shall be subject to the grievance
procedure herein set forth if recourse is not provided for under Title 40A. Written
reprimands and adverse evaluations shall be subject to advisory arbitration as
the terminal step in the grievance procedure. All other forms of discipline, as set
forth above shall be subject to binding arbitration if the mailer is not covered by
1. Employees shall have access to their personnel files, upon twenty four (24)
hours notice to the Chief of Police and may be viewed during the Chief’s
normal working hours. If an employee disagrees with an item in his/her
personnel file, he/she may place a rebuttal statement in the file.
2. Files remain the property of the Department and shall not be removed
without the express written consent of the Chief of Police. Originals of
documents remain the property of the individual officers. Employees may
copy anything that is in their files.
3. No document of anonymous origin shall be included in a personnel file. Only
one (1) personnel file shall be maintained for each employee. The Employer
shall notify the employee in writing when an item is placed in his/her
4. A copy of each written evaluation of work performance shall be given to the
employee. The employee shall sign the evaluation form, acknowledging
his/her review of same (not agreement with it) immediately following the
review. The employee shall make any response within thirty (30) calendar
days from the date of his/her signature, which statement shall become part
of the evaluation and placed in his/her personnel file.
PRINTING OF AGREEMENT
The Employer shall reproduce this Agreement in sufficient quantity so that every
employee shall be provided with a hard copy and computer disk copy, and so
that there may be sufficient copies in reserve for any employee hired during the
term of this Agreement. This reproduction and distribution shall be accomplished
within thirty (30) days of the signing of this Agreement.
1. Notification of Leave Balances. Each employee shall be provided with
annual leave balances on a quarterly basis.
2. Mileage Allowance. In the event an employee is required to use a personal
vehicle for any business or activity related to his/her employment, he/she
shall be compensated for such use at current IRS standard rate per mile.
This will be paid in a separate check.
3. Out of Pocket Expenses. In the event an employee works fourteen (14)
consecutive hours or more, the employee shall be entitled to a meal
allowance of $7.50 for each such incident. As to other expenses, upon
receiving prior approval by the Chief of Police, or his/her designee,
employees shall be reimbursed for out of pocket expenses such as tolls,
parking, meals and/or lodging, incurred in connection with the performance
of official duties. These expenses will be paid in a separate check upon
submittal of bill.
4. Bulletin Boards. The PBA shall have the exclusive use of a bulletin board
at Police Headquarters for the posting of notices of interest to PBA
5. Physical Examinations.
A.The employees may choose to have an annual physical examination. Said
examination shall be paid for by the employee’s health insurance provider
which has been provided by the employer. In the event that an annual
physical examination is not covered by the employee’s health insurance
the employer shall reimburse the employee the cost of the physical or two
hundred dollars ($200.00), whichever amount is less. The physical
examination shall include preventative medicine services with an EKG, blood
collection and interpretation, and a urinalysis. The above mentioned
physical shall be completed and the bills submitted to the Employer on or
before July 1 of each year. This reimbursement shall be paid in a separate
B. In the event that an annual physical examination is requested by the
Township Committee, a report from the attending physician will be forwarded
to the Township, indicating his or her fitness for duty.
6. Military Leave. Military leave shall be provided in accordance with the
7. Non-Discrimination. Neither the Employer nor the PEA shall discriminate
against any employee because of race, creed, religion, color, age, sex, or
8. Outside Employment. It is understood that full-time employees will
consider their position with the Employer as their primary job. Any outside
employment must not interfere with an employee’s efficiency in his/her
position with the Employer. All Outside employment must be approved by
the Chief or his/her designee, and may not be unreasonably denied.
9. First Aid Training.
A.) The full costs of tuition and textbooks will be paid for by the Employer for
any course leading to certification in CPR/Defibrillator, First Responder-
Defibrillator or EMT-Defibrillator.
B.) In addition to the annual base salary, employees shall be granted a first
aid incentive payment based upon the attainment of the following
C.) It is understood that the attainment of a higher level of certification
eliminates any further compensation for the holding of the lower
certification. The incentive payment shall be made during the last pay
period of November, and it is understood that such payments are not to
be included in the base salary. This payment will be made in a separate
check. Employees that attain the certifications on or before July 1st shall
receive the full incentive payment for the year in which the certification is
attained. Employees that attain the certifications after July 1st shall
receive half of the incentive payment for the year in which the
certification is attained. Proof of the date of attainment of the certification
shall be a letter from the entity awarding the certification.
D.) First aid incentive payments shall be awarded on a recurring annual
A.) Except as specified in this Agreement, the Township of Tewksbury
hereby retains and reserves unto itself 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, the following
1. The executive management and administrative control of the
Township of Tewksbury government and its properties and facilities,
and the activities of its employees.
2. To hire all employees and, subject to the provisions of law, to
determine their qualifications and conditions of continued
employment, their assignments and to promote and transfer
3. To suspend, demote, discharge or take other disciplinary action for
good and just cause according to law.
4. To establish, maintain and amend a code of rules and regulations of
the Department for the operation of the Department.
B.) The exercise of the foregoing powers, rights, authority, duties or
responsibilities of the Township of Tewksbury, the adoption of policies,
rules, regulations and practices in furtherance thereof, and the use of
judgement and discretion in connection therewith shall be limited only by
the specific and express terms of this Agreement and then only to the
extent such specific and express terms thereof are in conformance with
the Constitution and Laws of the State of New Jersey and of the United
States and the Ordinances of the Township of Tewksbury.
DURATION OF AGREEMENT
1. This Agreement shall be in full force and effect as of January 1, 2004
through December 31, 2006, notwithstanding the date of execution hereof,
and all salaries and benefits as set forth herein shall be retroactive to
January 1, 2004, unless specified otherwise herein, for all officers employed
during the contract period.
2. In the event subsequent negotiations do not result in a successor Agreement
by December 31, 2006, all terms and conditions of this Agreement shall
continue in full force and effect until the new Agreement is reached and
FOR THE PBA:
FO THEE OYER:
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