THE TOWNSHIP OF BERKELEY HEIGHTS
SUPERIOR OFFICERS ASSOCIATION
JANUARY 1, 2002 THROUGH DECEMBER 31, 2008
A. This Agreement, effective as of the first day of January, 2002, by and between the Township of Berkeley Heights, a municipal corporation of the State of New Jersey, hereinafter referred to as the "Township" or the "Employer", and the Superior Officers Association of the Police Department of the Township of Berkeley Heights, hereinafter referred to as the "SOA", is designed to maintain and promote a harmonious relationship between the Township and those of its employees who are within the provisions of this Agreement, through collective negotiations in order that a more efficient and progressive public service may be rendered.
B. When used in this Agreement, the terms "Superior Officer", "Employee" or "Employees" refer to all persons represented by the SOA in regard to this Agreement, unless otherwise indicated.
C. When used in this Agreement, the masculine gender also refers to the feminine gender.
D. When used in this Agreement, the terms "work day", "tour of duty" or "shift" are interchangeable.
E. This Agreement shall be construed as requiring Township Officials to follow the terms contained herein, to the extent that they are applicable in the exercise of the responsibilities conferred upon them by law. Nothing contained herein shall be construed to deny or restrict to any policeman such rights as he may have under any other applicable laws and regulations. The rights granted to policemen hereunder shall be deemed to be in addition to those provided elsewhere.
F. If any provisions of this Agreement or any application of this Agreement to any employee or group of employees is held to be contrary to law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect.
G. The provisions of the Agreement shall be subject and subordinate to, and shall not
annul or modify, existing applicable provisions of state.
EMBODIMENT OF AGREEMENT
This agreement represents and incorporates the complete and final understanding and settlement by the parties on all bargainable issues which were subject to negotiations. During the term of this Agreement, neither party will be required to negotiate with respect to any such matter, whether or not covered by this Agreement, or whether within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement except as provided in subparagraph (B).
This Agreement shall not be modified in whole or in part by the parties except by an instrument in writing and executed by both parties.
Whenever any act is required under this Agreement to be done or performed within a specified period of time, Saturdays, Sundays and holidays shall be excluded in the computation of such period.
Nothing in the procedures set forth in this Article shall be deemed to abrogate, modify, or otherwise change any other part of this Agreement without the mutual consent of the parties hereto in writing.
This Agreement is subject to the provisions of any state law and regulation which shall prevail, however, only if they are inconsistent with this Agreement and compliance with same is mandatory rather then permissive or discretionary.
If any of the provisions of this Agreement shall be held to be invalid or unenforceable by a court or administrative agency of competent and final jurisdiction, the remainder of the provisions of this Agreement shall not be affected thereby but shall be continued in full force and effect. It is further agreed that in the event any provision is finally declared to be invalid or unenforceable as indicated above, the parties shall meet within thirty (3) days of written notice by either party to the other to negotiate concerning the modification or revision of such clause or clauses so as to cure such defect and such modification and/or revision shall be deemed to be retroactive upon adoption.
Neither the Township nor the SOA shall discriminate against any employee or Township Official because of race, religion, sex, age or national origin.
There shall be no discrimination, intimidation, interference or coercion by the employer or any of its agents against the employees represented by the SOA because of membership or activity in the SOA.
There shall be no discrimination, intimidation, interference or coercion by the SOA or any of its agents against any employee because of non-membership or in order to promote membership in the SOA.
RETENTION OF BENEFITS
It is the intention of the parties that all conditions of employment and other benefits which are incorporated in this Agreement shall be continued at the time of the expiration of this Agreement, so long as the SOA continues to have one or more members who are active members of the Police Department, at the same level as set forth herein until the execution of a new contractual agreement between the parties or a mutual modification of this Agreement.
The Township, effective August 1. 1996, recognizes the SOA as the exclusive and sole representative for all officers of the Police Department over the rank of sergeant, but not including the Chief of Police.
The primary obligation and responsibility of management is to establish and maintain a peaceful and orderly environment that ensures the protection of life and property. In order to meet this objective, management must possess certain rights and have the freedom to exercise these rights.
The aforementioned rights retained by the Chief include, but are not limited to:
A. The SOA covenants and agrees that during the term of this Agreement, neither the SOA nor any person acting in its behalf will cause, authorize or support, nor will any of the members of the SOA take part in any strike, work stoppage, slowdown, walkout or other deliberate interference with normal work procedures against the Township.
B. The SOA will actively discourage its members and will take affirmative steps necessary to prevent or terminate any strike, work stoppage, walkout or other deliberate interference with normal work procedure against the Township by its members.
Whenever a superior officer who is, or has been, a member of the SOA is a defendant in any action or legal proceeding arising out of or incidental to the performance of his duties, the Township shall provide for the defense of such superior officer in such action or proceeding.
The superior officer shall select the attorney to be appointed by the Township to provide the legal services for his defense. The appointment is subject to an hourly rate not less or greater then the hourly rate currently being paid to the Township Attorney at the time of appointment of such attorney, but the superior officer may, at this option, pay the difference between such rate and any higher rate charged by the attorney.
If the superior officer pleads guilty to, or is adjudged to have violated, any law or regulation, or pleads nolo contendere, the superior officer shall be obliged to reimburse the Township of any costs or fees advanced.
The purpose of the Grievance Procedure is to secure, at the lowest possible level, an equitable solution to the problems which may arise affecting the terms and conditions of this Agreement. The parties agree that the Grievance Procedure will be kept as informal as may be appropriate.
The procedure for adjusting a grievance shall provide a full opportunity for the presentation of the grievance and for the participation of the SOA.
The terms “grievance” as used herein, shall mean any controversy arising over the interpretation, application, or violation of any of the provisions of this Agreement, and may be raised by an employee, or by the SOA on behalf of and at the request of an employee or group of employees.
The SOA Representative shall be the individual officer asserting such grievance or, in the event more than one officer is aggrieved, a representative chosen by those aggrieved. The Township shall grant the SOA Representative time off without loss of pay to attend each step of the Grievance Procedure.
The Grievance Procedure hereby established, unless changed or waived by mutual consent, in part or in entirety, shall be as follows:
STEP 1: The Grievance shall be presented in writing to the Chief of Police, or his designee, within ten (10) days from the time the grievance arose. The Chief of Police, or his designee, shall meet with the SOA Representative and attempt to reach a settlement of the dispute. Failure of the Chief of Police, or his designee, to meet with the SOA Representative within ten (10) days of the written filing of the grievance shall be deemed a denial of the grievance.
STEP 2: If the grievance is denied at Step 1 or if the response of the Chief of Police, or his designee, is not satisfactory to the aggrieved party, the grievance may be presented in writing to the Township Administrator, or his designee, or, in the event that the Township does not have an Administrator or has dissolved the position, that person designated by Ordinance to act for the Township in grievance matters, within ten (10) working days of the denial or other disposition of the grievance at Step 1. The Township’s representative shall meet with the SOA Representative and attempt to reach a settlement of the dispute; Failure of the Township’s representative to meet with the SOA Representative within ten (10) working days of the written filing shall be deemed a denial of the grievance.
STEP 3: If the grievance is denied at Step 2 or if the response of the Township’s representative is unsatisfactory to the aggrieved party, the grievance may be presented in writing to the New Jersey Public Employment Relations Commission for the appointment of an arbitrator, within ten (10) working days of the denial or other disposition of the grievance at Step 2
The SOA Representative and the Township’s representative, and the arbitrator shall decide the dispute by majority vote and their decision shall be final and binding. The parties shall be bound by the provisions of this Agreement and restricted to the application of the facts presented to them involved in the grievance. The parties shall not have the authority to add, modify, detract from or alter in any way, the provisions of this Agreement or any amendment or supplement thereto.
The fees and costs of the arbitrator shall be shared equally by the SOA and the Township.
The fees and costs incurred by the parties involved shall be borne by that party.
In an event the SOA Representative requires the attendance of Township employee witnesses at any step of the Grievance Procedure, the Township shall grant such employee time off without loss of pay to attend the proceeding. This provision applies to any person employed by the Township.
One master personnel file containing copies of all attendance records, payroll records and the like shall be maintained in the appropriate Township Department.
The Chief of Police shall maintain the following personnel files on each superior officer:
Routine personnel file containing letters of commendation, letters of reprimand, personnel evaluations, etc.
Confidential medical file containing all personal medical information including physicians report prepared when the superior officer was first hired, as well as the results of any psychological examination
Confidential financial file, including information concerning any judgments, liens, or other financial actions taken against the superior officer (copies of any such materials relating toe deductions from, or garnishments against, pay shall be kept in the Treasurer’s office if necessary).
Confidential Internal Affairs file, including complete investigation file and findings pertaining to any internal affairs investigation involving the superior officer.
The contents of a superior officer’s personnel file shall be confidential.
No report or document relating to the superior officer shall be placed in said superior officer’s routine personnel file unless a copy of that report or document shall have been personally served on the superior officer or sent to him by certified mail by the Chief of Police. At the superior officer’s request, his response to any report or document in his routine personnel file shall also be included in such file.
Seniority is established first by rank and second by time served in rank whether on a regularly assigned or temporary basis.
When two or more superior officers are appointed to the same rank on the same day, seniority shall be determined by the respective position of each superior officer on the eligibility list which determined the order of his appointment to that rank. In the event that no eligibility list is compiled, seniority shall be determined by the length of time served in the current rank of the officer.
Completed years of service for superior officers hired prior to July 21, 1989 shall be calculated beginning on the date the superior officer was initially hired as a full time employee. For superior officers initially hired by the Township as police officers after July 1, 1989, completed years of service shall be calculated beginning the date the superior officer reports for active duty following graduation from the police academy.
Each superior officer shall receive LONGEVITY COMPENSATION for continuous service in the Police Department according to the following schedule:
of Service base rate of Service base rate
Superior officers originally hired Superior officers originally hired
prior to January 1, 1998 after January 1, 1998
Completed Years Percentage of Completed Years Percentage of
5 2% 7 2%
10 4% 12 4%
15 6% 17 6%
19 8% 20 8%
22 10% 23 10%
After completion of 25 years of service, longevity pay shall be frozen at the dollar amount then being paid regardless of additional years of service or future increases in pay.
Such compensation shall not be considered part of the superior officer’s base rate of pay but shall be included in base salary for pension purposes and shall be governed by Paragraph (D) of Schedule A.
HOURS OF WORK
A. The work day shall consist of eight (8) consecutive hours of duty.
C. Vacation days shall be converted to hours based on a rate of eight (8) hours per day of vacation.
Vacation days may be carried over to March 31st of the following calendar year.
D. Vacation days shall be selected on a seniority basis within each rank and according to the following restrictions: vacation days may be denied due to scheduling shortages during the day of the annual fireworks display or any other holiday or special event at the discretion of the Chief of Police.
E. At the beginning of the calendar year, the Chief of Police shall distribute a separate schedule to the different ranks. Upon receipt of the schedule, each superior officer shall have three (3) full days to make his annual vacation day selections.
F. A superior officer may change his selected vacation day by making a request in writing explaining his reasons for such request to the Chief of Police. The superior officer may then reschedule his vacation day but may not reschedule for a shift already chosen by another superior officer, even if such other superior officer is junior in seniority.
No superior officer shall be allowed to schedule more than ten consecutive days of Vacation.
SICK LEAVE WITH PAY is a grant rather than a right of employment and is provided to aid the employee in time of illness in the event of a bona fide illness or physical disability.
Each superior officer is entitled to cumulative SICK LEAVE WITH PAY upon COMPLETION OF SIX (6) MONTHS EMPLOYMENT by the Township, subject to the following restrictions:
Each superior officer shall be credited with twenty-four (24) hours of SICK LEAVE WITH PAY as of January 1 of the current year and an additional eight (8) hours of SICK LEAVE WITH PAY per month thereafter at the end of each month worked through the year.
No employee shall receive SICK LEAVE WITH PAY for any absence in excess of three (3) consecutive working days unless proof of illness or disability in the form of a certificate from an attending physician has been submitted to the Chief of Police, whereupon the Township reserves the right to have the employee examined by the Township Police Physician at any time. At the option of the Chief of Police, such employee shall be required to submit to an examination by the Township Police Physician and to be certified by him as fit for duty prior to returning to work.
Each superior officer shall be entitled to INCENTIVE PAY for utilizing less than forty (40) hours of SICK LEAVE WITH PAY during a calendar year. The superior officer may sell back to the Township any portion of his first forty (40) hours of SICK LEAVE WITH PAY during a calendar year. Payment of the INCENTIVE PAY shall be based on 90% of the officer’s daily pay rate per eight (8) hour day.
Each hour of SICK LEAVE WITH PAY sold back to the Township shall be deducted from the individual employee’s accumulated total.
Payment of the INCENTIVE PAY shall be made in a lump sum before June 1 of the following year.
A. Terminal leave is hereby abolished in consideration of adjustment of longevity pay as set forth in this Agreement.
B. Upon application to the Chief of Police and upon approval of the Township for GOOD CAUSE SHOWN, a superior officer may receive a LEAVE OF ABSENCE without pay for a period not to exceed six (6) months. Said approved LEAVE OF ABSENCE without pay shall not constitute a break in service; provided, however, that employee benefits shall be suspended beginning on the 30th day for the duration of any approved LEAVE OF ABSENCE without pay in excess of thirty (30) consecutive days. The superior officer shall have the right to pay the costs of medical and dental premiums after 30 days to keep such coverage in effect during the LEAVE OF ABSENCE.
A. The Township shall provide group health insurance benefits to the SOA for the effective dates of this Agreement as follows:
1. Basic medical coverage and major medical coverage at least equal to the coverage previously provided under the terms of the parties' prior Agreement except, beginning in June 1999, that the deductible shall be increased from $50.00 to $200.00 per individual and from $100.00 to $400.00 for family and the co-insurance shall be reduced from 90% of $1,000.00 to 80% of $2,000.00; therefore, the total out of pocket payment by an employee for the Traditional plan and the Oxford PPO during the term of this contract cannot exceed $800.00 per year, which is a total of the $400.00 per family deductible and an additional $400.00 for the twenty percent (20%) of $2,000.00
2. Dental coverage at least equal to the coverage provided under the terms of the prior Agreement between the parties, which included the Officer's spouse and eligible dependents.
3. The current insurance includes both the Traditional plan and the Oxford PPO. The specific benefits of the Traditional and the Oxford PPO plan that are in effect prior to November 1, 2004 are attached hereto in a three-page "Oxford Health Plans – Comparison of Benefits Township of Berkeley Heights" comparison, attached hereto and incorporated herein as Schedule F.
4. a.) From November 1, 2004 through November 1, 2006 all
employees, except those employees in subsection (b) below, shall be enrolled in the new Oxford POS health plan, at no cost to an employee, with the benefits as specified on Schedule F attached hereto and incorporated. The Oxford POS Health Plan shall have benefits which are equal to or better than those benefits and services set forth on Schedule F, 3 pages, and incorporated herein.
b.) Additionally from November 1, 2004 through November 1, 2006, any employee may enroll in the Traditional plan or the Oxford PPO plan, but the employee shall pay monthly the cost difference between either the Traditional plan and the Oxford POS plan, or the difference between the Oxford PPO plan and the Oxford POS plan.
5. From November 1, 2006, an employee may enroll in either the Traditional plan, Oxford PPO plan, or the Oxford POS plan at the following costs:
a.) An employee who chooses to enroll in the Oxford POS plan shall pay no contribution.
b.) An employee who chooses to enroll in the Traditional Health plan shall pay an employee contribution of $35.00 per month.
c.) An employee who chooses to enroll in the Oxford PPO plan shall pay a co-pay of $15.00 per visit.
d.) All new employees shall be in the POS during the first twenty-four (24) months of employment.
A. The RULES AND REGULATIONS governing the operation of the Police Department that were adopted by resolution of the Township Committee on February 4, 1974, as amended from time to time, shall remain in full force and effect.
1. Should a conflict arise between a provision in this Agreement and the aforementioned RULES AND REGULATIONS, the terms of the provisions in this Agreement shall govern.
B. In the event a police officer of a jurisdiction in the State of New Jersey is killed in the line of duty, the Township shall provide a marked patrol vehicle, if available, and gas, to any off-duty superior officer(s) who wishes to attend the funeral.
C. Any provision of this Agreement entitling an employee to an ALLOWANCE shall be paid in a single payment after July 1 of the year in question.
THE TOWNSHIP OF BERKELEY HEIGHTS
DATE: ____________,2004 BY:_______________________
DATE: ____________,2004 _______________________
SOA LOCAL 144
DATE: ____________,2004 BY:_______________________
Capt. Andrew Moran, President
DATE: ____________,2004 ________________________SCHEDULE A
A. COMPENSATION-BASE SALARY
The base salary of a superior officer for all purposes including pension and in accordance with all applicable statutes shall be fourteen percent (14%) above a Sergeant. Therefore, the base rate of pay is as follows:
1. Base rate of pay:
2002 through 2008
14% rank differential
2. Longevity pay:
Calculated at the applicable percentage under Article XIV
3. Holiday pay:
Calculated in accordance with Article XVII
B. CLOTHING ALLOWANCE
1. For the years 2002 and 2003, 2004 the clothing allowance shall be $950.00.
2. There shall be no clothing allowance beginning January 1, 2005.
C. MAINTENANCE ALLOWANCE
1. For 2002, 2003 and 2004 governed by this agreement the MAINTENANCE ALLOWANCE for each superior officer shall be Three Hundred Sixty-five Dollars ($365.00).
D. LONGEVITY COMPENSATION
1. Present superior officers who are receiving LONGEVITY COMPENSATION under the terms and conditions of the program established before January 1, 1986, will continue to receive such payments but shall not be eligible to an increase of said amount until completion of the service requirements for the LONGEVITY COMPENSATION set forth in ARTICLE XIV.
2. For all superior officers hired by the Township after July 1, 1989, the computation for the COMPLETED YEARS OF SERVICE for LONGEVITY, VACATIONS, SICK LEAVE WITH PAY and INSURANCE shall begin upon the date the employee reports for duty following graduation from a certified police academy.