Contract Between
Bernards Tp-Somerset
- and -
PBA Loc 357
* * *
01/01/2012 thru 12/31/2015


CategoryMunicipal
UnitPolice Officers

Contract Text Below
AGREEMENT
Between



TOWNSHIP OF BERNARDS SOMERSET COUNTY, NEW JERSEY


And


POLICEMEN'S BENEVOLENT ASSOCIATION LOCAL NO. 357 (POLICE OFFICERS AND DETECTIVES)


JANUARY 1, 2012 through DECEMBER 31, 2015


Law Offices:

GENOVA BURNS GIANTOMASI & WEBSTER
494 Broad Street
Newark, New Jersey 07102-3230
973-533-0777


TABLE OF CONTENTS


HYPERLINK \l "_Toc347386413"ARTICLE 1 PAGEREF _Toc347386413 \h 1

HYPERLINK \l "_Toc347386414"AGREEMENT AND RECOGNITION PAGEREF _Toc347386414 \h 1

HYPERLINK \l "_Toc347386415"ARTICLE 2 PAGEREF _Toc347386415 \h 2

HYPERLINK \l "_Toc347386416"CHECK-OFF AND INDEMNIFICATION PAGEREF _Toc347386416 \h 2

HYPERLINK \l "_Toc347386417"ARTICLE 3 PAGEREF _Toc347386417 \h 3

HYPERLINK \l "_Toc347386418"BULLETIN BOARD PAGEREF _Toc347386418 \h 3

HYPERLINK \l "_Toc347386419"ARTICLE 4 PAGEREF _Toc347386419 \h 4

HYPERLINK \l "_Toc347386420"MANAGEMENT RESPONSIBILITY PAGEREF _Toc347386420 \h 4

HYPERLINK \l "_Toc347386421"ARTICLE 5 PAGEREF _Toc347386421 \h 5

HYPERLINK \l "_Toc347386422"FLEXIBILITY OF ASSIGNMENT PAGEREF _Toc347386422 \h 5

HYPERLINK \l "_Toc347386423"ARTICLE 6 PAGEREF _Toc347386423 \h 6

HYPERLINK \l "_Toc347386424"SENIORITY PAGEREF _Toc347386424 \h 6

HYPERLINK \l "_Toc347386425"ARTICLE 7 PAGEREF _Toc347386425 \h 7

HYPERLINK \l "_Toc347386426"MILITARY CLAUSE PAGEREF _Toc347386426 \h 7

HYPERLINK \l "_Toc347386427"ARTICLE 8 PAGEREF _Toc347386427 \h 8

HYPERLINK \l "_Toc347386428"PROBATIONARY EMPLOYEES PAGEREF _Toc347386428 \h 8

HYPERLINK \l "_Toc347386429"ARTICLE 9 PAGEREF _Toc347386429 \h 9

HYPERLINK \l "_Toc347386430"INTERRUPTION OF EMPLOYMENT PAGEREF _Toc347386430 \h 9

HYPERLINK \l "_Toc347386431"ARTICLE 10 PAGEREF _Toc347386431 \h 10

HYPERLINK \l "_Toc347386432"GRIEVANCE PROCEDURE PAGEREF _Toc347386432 \h 10

HYPERLINK \l "_Toc347386433"ARTICLE 11 PAGEREF _Toc347386433 \h 12

HYPERLINK \l "_Toc347386434"DISCIPLINE PROCEDURE PAGEREF _Toc347386434 \h 12

HYPERLINK \l "_Toc347386435"ARTICLE 12 PAGEREF _Toc347386435 \h 15

HYPERLINK \l "_Toc347386436"REIMBURSEMENT FOR POLICE CONNECTED EXPENSES PAGEREF _Toc347386436 \h 15

HYPERLINK \l "_Toc347386437"ARTICLE 13 PAGEREF _Toc347386437 \h 16

HYPERLINK \l "_Toc347386438"COURT ATTENDANCE PAGEREF _Toc347386438 \h 16

HYPERLINK \l "_Toc347386439"ARTICLE 14 PAGEREF _Toc347386439 \h 17

HYPERLINK \l "_Toc347386440"HEALTH PROGRAMS PAGEREF _Toc347386440 \h 17

HYPERLINK \l "_Toc347386441"ARTICLE 15 PAGEREF _Toc347386441 \h 19

HYPERLINK \l "_Toc347386442"SICK LEAVE, PERSONAL TIME AND DISABILITY PAGEREF _Toc347386442 \h 19

HYPERLINK \l "_Toc347386443"ARTICLE 16 PAGEREF _Toc347386443 \h 23

HYPERLINK \l "_Toc347386444"EDUCATIONAL PROGRAM PAGEREF _Toc347386444 \h 23

HYPERLINK \l "_Toc347386445"ARTICLE 17 PAGEREF _Toc347386445 \h 25

HYPERLINK \l "_Toc347386446"OCCUPATIONAL INSURANCE PAGEREF _Toc347386446 \h 25

HYPERLINK \l "_Toc347386447"ARTICLE 18 PAGEREF _Toc347386447 \h 26

HYPERLINK \l "_Toc347386448"CLOTHING ALLOWANCE PAGEREF _Toc347386448 \h 26

HYPERLINK \l "_Toc347386449"ARTICLE 19 PAGEREF _Toc347386449 \h 27

HYPERLINK \l "_Toc347386450"FUNERAL LEAVE PAGEREF _Toc347386450 \h 27

HYPERLINK \l "_Toc347386451"ARTICLE 20 PAGEREF _Toc347386451 \h 28

HYPERLINK \l "_Toc347386452"HOLIDAYS PAGEREF _Toc347386452 \h 28

HYPERLINK \l "_Toc347386453"ARTICLE 21 PAGEREF _Toc347386453 \h 29

HYPERLINK \l "_Toc347386454"VACATIONS PAGEREF _Toc347386454 \h 29

HYPERLINK \l "_Toc347386455"ARTICLE 22 PAGEREF _Toc347386455 \h 31

HYPERLINK \l "_Toc347386456"OVERTIME AND WORK WEEK SCHEDULE PAGEREF _Toc347386456 \h 31

HYPERLINK \l "_Toc347386457"ARTICLE 23 PAGEREF _Toc347386457 \h 33

HYPERLINK \l "_Toc347386458"LONGEVITY PAGEREF _Toc347386458 \h 33

HYPERLINK \l "_Toc347386459"ARTICLE 24 PAGEREF _Toc347386459 \h 34

HYPERLINK \l "_Toc347386460"SALARIES PAGEREF _Toc347386460 \h 34

HYPERLINK \l "_Toc347386461"ARTICLE 25 PAGEREF _Toc347386461 \h 36

HYPERLINK \l "_Toc347386462"EMBODIMENT OF AGREEMENT PAGEREF _Toc347386462 \h 36



HYPERLINK \l "_Toc347386463"ARTICLE 26 PAGEREF _Toc347386463 \h 37

HYPERLINK \l "_Toc347386464"SEVERABILITY PAGEREF _Toc347386464 \h 37

HYPERLINK \l "_Toc347386465"ARticle 27 PAGEREF _Toc347386465 \h 38

HYPERLINK \l "_Toc347386466"TERM PAGEREF _Toc347386466 \h 38

HYPERLINK \l "_Toc347386467"SCHEDULE A PAGEREF _Toc347386467 \h 39

HYPERLINK \l "_Toc347386468"SCHEDULE B PAGEREF _Toc347386468 \h 41


ARTICLE 1

AGREEMENT AND RECOGNITION




THIS AGREEMENT is made and entered into this 12th day of February, 2013, by and between the TOWNSHIP OF BERNARDS (hereafter the "Township"), and the POLICEMEN'S BENEVOLENT ASSOCIATION LOCAL NO. 357 (POLICE
OFFICERS and DETECTIVES) (hereafter the "Association").

      WHEREAS, the parties represent as follows:

Township is the Township of Bernards in Somerset County, New Jersey.

Association is a unit composed of all Bernards Township Police holding the rank of Patrol Officer or assigned as Detective, and has been duly certified by the New Jersey Public Employment Relations Commission as the exclusive representative for purposes of collective negotiations with the Township.
      Township and Association have conducted negotiations regarding

employment by Township Patrol.

Township and Association believe that a written employment agreement embodying the terms and conditions of Police employment will establish and maintain a harmonious employment relationship and result in efficient services for the benefit of the general public and Patrol Officers.
      NOW, THEREFORE, the parties agree as follows:

ARTICLE 2

CHECK-OFF AND INDEMNIFICATION


A. A Patrol Officer may authorize in writing to the Township Clerk his/her desire to have deductions made from his/her compensation for the purpose of paying uniform Association dues.
      B. A check-off shall commence for each Patrol Officer who signs a properly

dated authorization card, supplied by the Association and verified by the Township during the month following the filing of such card with the Township.
The Township shall remit all such check-off dues to the Association Treasurer on the 1st day of January, April, July and October of each year.
The Association agrees that there shall be no discrimination, intimidation, restraint, coercion, harassment or pressure by it or its officers, agents or members against any Patrol Officer who refuses or fails to execute an authorization card.
The Association shall indemnify and save the Township harmless against all claims, demands, suits or other forms of liability which may arise by reason of any action taken in making deductions and remitting the same to the Association pursuant to this Article.
Any such written authorization may be withdrawn at any time by the filing or notice of such withdrawal with the Township Clerk. The filing of notice of withdrawal shall be effective to halt deductions as of the January 1 or July 1 next succeeding the date on which notice of withdrawal is filed, in accordance with N.J.S.A. 52:14-15.9e as amended.

ARTICLE 3

BULLETIN BOARD



The Association shall have the use of a bulletin board in Police Headquarters for the posting of notices relating to meetings and official business of the Association only.

ARTICLE 4

MANAGEMENT RESPONSIBILITY




It is recognized that the management of the Police Department, the control of its properties and the maintenance of order and efficiency, are solely responsibilities of the Township. Accordingly, the Township retains the following rights, except as specifically provided in this Agreement including, but not limited to, selection and direction of the force; to hire, suspend or discharge for cause as provided herein; to make reasonable and binding rules which shall not be inconsistent with this Agreement; to assign, promote, transfer or demote as provided herein; to determine the amount of overtime to be worked; to relieve Employees from duty because of lack of work or for lack of funds; to decide on the number and location of facilities; to determine the work to be performed, amount of supervision necessary, equipment, methods, schedules, together with the selection, procurement, designing, engineering and the control of equipment and materials; and to purchase services of others, contract or otherwise.
It is understood that full-time Employees will consider their position with the Township as their primary job. Any outside employment must not interfere with an Employee's efficiency in his/her position with Bernards Township or constitute any conflict of interest.
Employees shall not accept monetary gifts or articles of value in appreciation of for any other reason in the performance of duty.



ARTICLE 5

FLEXIBILITY OF ASSIGNMENT




Patrol Officers, regardless of regular assignment, may be reassigned by the Chief of Police to perform any duty related to their profession as Patrol Officers.

ARTICLE 6

SENIORITY




Seniority is defined to mean the accumulated length of continuous service with the Police Department, computed from the last day of hire.
Senior Employees within any given rank shall be the last to be laid off and the first to be recalled.
A Patrol Officer's length of service shall not be reduced by time lost due to an authorized leave of absence or absence for bona fide illness or injury certified by a physician not in excess of one (1) year.
Reduction or elimination of seniority status shall be obtained only in accordance with grievance and disciplinary provisions of this Agreement.

ARTICLE 7

MILITARY CLAUSE


A. Any regular Employee who is called into active services, or who volunteers for service, in the Armed Forces of the United States, shall be given a leave of absence for, and will accumulate seniority during, such period of service not to exceed four (4) years. Upon termination of such service, s/he will be re-employed at the rate of pay prevailing for work to which s/he is assigned at the time of his/her re-employment, provided however, s/he has not been dishonorably discharged, his/her job or a comparable job is available, s/he is physically, mentally and emotionally able to perform such work, and s/he makes written application for reinstatement within ninety (90) calendar days after discharge. Such Employees shall be granted all rights and privileges secured by the Universal Service Act.
B. Any Employee required to be absent from work because of Annual Active Duty Training shall receive the difference between base rate for military duty and their regular straight-time rate for such Annual Active Duty Training. This time away from work is not to be deducted from Employee's vacation allowance. Proof of required service and of pay received may be requested by the Township.

ARTICLE 8

PROBATIONARY EMPLOYEES




Newly hired Patrol Officers shall remain probationary until after completion of twelve (12) months of service from the date of last hiring or Police Academy training, whichever is longer. Upon completion of said period, such Patrol Officer shall obtain seniority status from the date of last hiring.
Patrol Officers shall have no seniority rights during said probationary period and their employment may be terminated at any time in the sole discretion of the Township Committee. Discharges during the probationary period shall not be subject to the grievance or discipline provisions of this Agreement.

ARTICLE 9

INTERRUPTION OF EMPLOYMENT




It is recognized that the need for continued and uninterrupted operation of the Township's Departments and agencies is of paramount importance to the citizens of the community and that there should be no interference with such operation.
The Township recognizes that Patrol Officers have never contemplated any strikes, slowdowns or job actions, nor would they contemplate any such action.
Patrol Officers recognize that the Township is interested in amicably resolving any differences or disputes concerning terms and conditions of employment.
Adequate procedures having been provided for the equitable settlement of grievances arising out of this Agreement, parties hereto agree that:
          The Association, its Officers, members, agents or principals will not engage in, encourage, sanction or suggest strikes, slowdowns, mass resignations, mass absenteeism, or other similar action which would involve suspension of or interference with normal work performance of the Police Department or of any Township Department.
          The Township and its Township Committee will not engage in a lockout, or arbitrary, capricious or unreasonable actions.

The Township shall have the right to discipline or discharge any Employee encouraging, suggesting, fomenting or participating in a strike, slowdown, or other such interference.



ARTICLE 10

GRIEVANCE PROCEDURE


All differences and disputes arising out of this Agreement shall be resolved in accordance with this provision.
      The aggrieved Patrol Officer shall, within ten (10) calendar days after the

occurrence of the alleged grievance, file written notice of such grievance with an officer of the Association and also with the Chief of Police.
      Upon receipt of said notice, the Chief of Police shall forthwith initiate

efforts to resolve the difference or dispute and may arbitrate, mediate and confer with all parties to the grievance.
If the grievance is not resolved within seven (7) calendar days after receipt by the Chief of Police of said notice, an officer of the Association may forthwith request a conference with the Township Administrator by means of written notice of the grievance and the efforts undertaken to resolve it.
Upon receipt of said request, the Township Administrator shall forthwith initiate efforts to resolve the difference or dispute and may arbitrate, mediate and confer with all parties to the grievance.
If the grievance is not resolved within seven (7) calendar days after receipt by the Township Administrator of said notice, an officer of the Association may forthwith request a conference with the Township Committee by means of written notice to the Township Clerk of the grievance and the efforts undertaken to resolve it, said conference to be held within fourteen (14) calendar days after receipt of said request.
    If the grievance is not resolved within seven (7) calendar days after said conference, the Township Committee or the Association may, within fourteen (14) days after said conference, invoke arbitration by (1) notifying the other party in writing of its intention to arbitrate and of the notice of the grievance, and (2) requesting the New Jersey Public Employment Relations Commission for a list of Arbitrators from which the parties shall select an Arbitrator.
    The Arbitrator shall be limited to the issues presented and shall have no power to add to, subtract from, or modify any of the terms of this Agreement.
    The decision of the Arbitrator may be reviewed by a Court of appropriate jurisdiction in the manner prescribed by law.
    Any fees or administrative charges for the Arbitrator shall be borne by the parties equally. Witness fees and other expenses shall be borne by the parties respectively.
    Unless extended by mutual agreement in writing, the failure to observe the time limits herein shall constitute abandonment of the grievance.
    An appeal from a disciplinary determination shall not be part of this provision.






    ARTICLE 11

    DISCIPLINE PROCEDURE




    The Township may discipline Employees only for misconduct or disobedience of rules and regulations and in accordance with this provision and applicable law.
        Disciplinary action against an Employee (also hereinafter called

    "Respondent") includes removal, fine, reduction in rank or position and shall be initiated by written complaint.
        The complainant shall file said complaint with the Township Administrator

    and simultaneously serve copies upon the Chief of Police and Respondent.

    Said complaint shall specify the disciplinary charge or charges and shall notify Respondent of the date, time and place of the hearing, which shall be not less than ten (10) nor more than thirty (30) calendar days from the date of service thereof upon Respondent, pursuant to N.J.S.A. 40A:14-147, unless one party requests an adjournment, which shall not exceed forty-five (45) calendar days. A failure to comply with said provisions as to the service of the complaint shall require a dismissal of the complaint.
    The hearing shall be before the Chief of Police unless s/he is complainant or took part in the investigation leading to the complaint. S/he shall function as the trier of fact and s/he shall sustain or dismiss the charge or charges, based upon the record established at the hearing. Should the Chief of Police be disqualified as cited above, the hearing shall be before the Police Captain.
        The complainant shall have the burden to prove each disciplinary charge

    by a preponderance of the evidence.

    The complainant and Respondent may examine and cross-examine witnesses, retain counsel, offer evidence and obtain reasonable discovery.
    The Hearing Officer shall issue a written decision within fifteen (15) calendar days of the review setting forth findings of fact and conclusions of law.
    Should the disciplinary charge be sustained by the Township Administrator, Respondent may obtain a review thereof by the Somerset County Court in the manner prescribed by law.
    The wide ranging powers and duties given to the Department and its members involve them in all manner 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 insure that these investigations are conducted in a manner which is conducive to good order and discipline, the following rules are hereby adopted:
    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, s/he shall be compensated on an overtime basis as set forth in this Agreement.
    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 apprise the Employee of the nature of the investigation. If the Employee is to be questioned as a witness only, s/he shall be so informed at the initial contact.

    The complete interrogation of the Employee shall be recorded mechanically. There will be no "off the record" questions. All recesses called during the questioning shall be recorded.
    The Employee shall not be subject to any offensive language, nor shall s/he be threatened with transfer, dismissal, or other disciplinary punishment. No promise of reward shall be made as an inducement to answering questions.
    If an Employee is under arrest or is the subject of an investigation, s/he shall be so advised that s/he is under investigation, and shall be given his/her rights pursuant to current decisions of the U.S. Supreme Court.
    In all cases and at every stage of the proceedings, the Department shall afford an opportunity for the Employee, if s/he so requests, to consult with counsel, consultant, and/or his/her Association representative(s) before being questioned concerning any violation or complaint of any type, which may result in any action being taken against said Employee.
    No complaint against a law enforcement Officer shall be investigated unless the complaint be duly sworn to before an official authorized to administer oaths.


    ARTICLE 12

    REIMBURSEMENT FOR POLICE CONNECTED EXPENSES


    Patrol Officers shall receive and Township shall pay for all expenditures, not otherwise compensable by the Township, incurred by Patrol Officers and job-related functions such as Grand Jury, Petit Jury duty, and Municipal Court duty. A function is job-related if it is caused by or results from the performance of Police duties and is not otherwise remunerated. For the use of personal automobile on Police-related activities, the Township shall pay an amount per mile, plus parking and tolls. The amount shall be reviewed annually by the Township and discussed with representatives of the Association, and will be consistent with the Township's mileage reimbursement policy annexed hereto as Schedule A.
    The Township shall pay mileage for a return home each evening by Patrol Officers assigned to multi-day training programs provided the training program is held at a location equal to the distance between Bernards Township and the State Police Academy at Sea Girt, or less. For the initial training period at Sea Girt, reimbursement will be made for one (1) round trip per week, unless a holiday is granted, necessitating two (2) round trips.
    When Patrol Officers are involved in training programs outside of the Township, the Township's policy on meal reimbursement will apply, which policy is annexed hereto as Schedule A.

    ARTICLE 13

    COURT ATTENDANCE




    A. Patrol Officers not otherwise performing Police duties who are required to attend Court arising from their status as a Police Officer shall be entitled to receive and the Township shall pay remuneration at the rate of time and one-half (1) the applicable regular pay. A minimum of four (4) hours of such rate shall be guaranteed members covered by this Agreement.
    B. Employees not scheduled to work shall receive two (2) hours compensatory time for each day on call for Superior Court and not called to testify.

    ARTICLE 14

    HEALTH PROGRAMS



    A. The Township shall maintain all present State Health Benefit Plan hospital and medical insurance programs to which Patrol Officers are presently beneficiaries, including dependent coverage. The cost of coverage for the employee and dependents will be in accordance with state law. The Township’s base plan is NJDIRECT15. If a Patrol Officer elects coverage other than NJDIRECT15, he/she shall pay all the costs above the cost of NJDIRECT15 associated with the coverage elected. The maximum for chiropractic services shall be One Thousand Dollars ($1,000.00).
    The Township shall continually investigate a more comprehensive group hospital and medical insurance program and, if such a program is adopted for other Township employees, it shall automatically apply to Township Patrol Officers, provided substantially equivalent benefits and coverages are contained.
    The Township shall provide for each Employee on a voucher reimbursement basis expenses incurred for an eye examination, prescription lenses, and frames up to Two Hundred Dollars ($200.00) every twenty-four (24) months.
    Employees may opt out of the Township health coverage if the Employee or Employee's spouse has other health coverage. In lieu of receiving this coverage, the Employees will receive the amounts and timing as determined by annual Township policy, subject to statutory requirements and prorated based on the number of months for which the Employee has opted out of the insurance. The minimum Opt Out allowance will be $1,000 per year; the calculation will be prorated for the number of months the Employee is not covered under the Township health plan.
    If an employee has opted out of Township health insurance and
    his/her substitute coverage lapses, the Township agrees to reimburse the Employee for his/her COBRA payments for the substitute plan until such time the employee meets the enrollment criteria for the Township health insurance. The reimbursement will be equal to the Township contribution for the Township insurance plan the Employee elects, subject to the cost maximum as defined in Section A above.
    F. The Township shall provide dental insurance to all bargaining unit Employees. The Employee may cover his/her family with a payroll deduction authorization.

    ARTICLE 15

    SICK LEAVE, PERSONAL TIME AND DISABILITY



    Patrol Officers who sustain job-related sickness, injury or disability shall be entitled to remain absent from duty and to receive full regular pay for the period of necessary recuperation or until s/he becomes eligible for long term disability under the provisions of the plan provided by the Township, annexed hereto as Schedule B. Any payments so made shall be reduced by Workers' Compensation benefits received by the Patrol Officer.
    A sickness, injury or disability is job related if it is caused by or results from the performance of Police duties.
    Sick leave is provided as follows:
    During the first calendar year of employment, Patrol Officers shall earn eight (8) hours of sick leave for each month of employment through December 31. Any of this sick leave which is not used by the Patrol Officer may be carried into the following year.
    For all Patrol Officers subject to this Agreement in each subsequent year, a Patrol Officer has ninety-six (96) hours of additional sick leave available as of January 1 of each year. Any sick leave not used may be added to the sick leave available for the following year.
    The maximum amount of sick leave that can be accumulated is unlimited.
    If the amount of sick leave credit provided for under Paragraph C has been or is about to be exhausted, a Patrol Officer may make application to the Township Committee for an additional allowance. The Committee shall make a determination on the application after reviewing all circumstances, including the Patrol Officer's attendance record prior to the illness which necessitated the request.
    Patrol Officers who are absent from duty for two (2) or more consecutive days or show a pattern of absence because of sickness, injury or disability shall furnish upon request to the Chief of Police an appropriate physician’s statement, including a description of the ailment and its prognosis. The cost therefore shall be borne by the Patrol Officer.
    Upon return to work after an absence of five (5) or more consecutive tours, the Patrol Officer must furnish the Chief of Police with a physician's statement certifying his/her fitness to resume normal work.
    Failure to return to work after the Chief of Police has reviewed the physician's certificate and is satisfied that the Patrol Officer is fit to resume normal duties constitutes cause for discipline or discharge.
    The Association agrees to cooperate with the Township in reducing absenteeism to as low a rate as possible. When cases of absenteeism are brought to the attention of the Officers of the Association, said Officers will interview such Employees covered by this Agreement, determine the cause of the absenteeism, and thereby aid in eliminating unnecessary absenteeism.
    I. Each Patrol Officer will have available annually twenty-four (24) hours of personal time. These will be granted at the discretion of the Chief of Police for the conduct of essential personal business such as, but not limited to, the following:

    Attending to family members during illness or other personal crisis, or requirement for health, welfare, or education of spouse or children.
    Closing on a home purchase, auto purchase, adoption, or other such legal business difficult to schedule on days off, or for major auto repair or home repair.

    Attending to religious or civic voluntary charitable matters or duties, such as civic service clubs, fire or rescue squad conferences, or religious order services.
    Attending funerals, graduation, marriages, or such of close friends or family members not provided for in the Funeral Leave Article or other such leave policy.
    Personal time must be used in the year in which it is earned. Any time accrued and unused in the year earned may be used in later years for leave for the care of a newborn child, or a seriously ill family member, or for the adoption or placement of a child, or for their own serious health condition. Otherwise, accrued and unused Personal time will be paid as shown in the Incentive Payment on Retirement section below.

        J. Incentive Payment on Retirement
      Eligible employees hired prior to December 31, 2011 will receive a cash payment based on the following criteria, however, the total maximum cash payout at retirement shall be the amount of the formula calculation for each individual as of December 31, 2015 or $15,000, whichever amount is higher.
      Eligible employees hired after January 1, 2012 must meet the same criteria as stated below, however, the total cash payout shall not exceed $15,000.
      Upon retirement, the Township will make a cash payment of 50% of all sick leave earned, less the amount taken, excluding any credit for prior public employment that the employee may have received at time of hire. The employee is also eligible for payment of any unused personal time.
      Payment will be based on the hourly rate at the time of retirement. If the number of hours worked per day changes during the employee's career, the calculation will be broken down to an hour unit rather than day unit.
      In the event of the death of an Employee, all incentive payments to which the Employee was entitled will be paid to the beneficiary named under P.F.R.S. as well as accrued unused vacation and a payment of Ten Thousand Dollars ($10,000), as specified in Article 17.

    ARTICLE 16

    EDUCATIONAL PROGRAM



    A. An officer obtaining an Associates degree or having two years' active military service with an honorable discharge shall be entitled to receive $500 per year; an officer obtaining a Bachelors Degree shall receive $1,000; an officer with a Masters Degree shall receive $1,500. This payment shall be on an annual recurring basis and shall be paid for each applicable degree, non cumulative. These degrees will be in Police Science, Criminal Justice, Psychology, Public Administration or Human Resources. Payment shall be in equal installments to employees on regular pay days.
    The Township shall reimburse each Patrol Officer toward a degree in one of the five disciplines set forth in paragraph A, for courses required to be taken, to the extent not otherwise paid by alternative governmental authorities, the following:
              An amount equivalent to the purchase of books, supplies, and associated usual academic fees and expenses required by the college or university and incurred by the respective Patrol Officer.
              An additional amount equivalent to the full tuition charge imposed by the college or university, up to a maximum of the charge for two three (3) credit courses of $500 per semester, whichever is greater.
    Payment shall be made within thirty (30) calendar days after the certificate filed with the Township Administrator showing grades of C or better.

    ARTICLE 17

    OCCUPATIONAL INSURANCE




    The Township shall obtain standard insurance policies insuring against false arrest, malicious prosecution, and liability for acts and omissions within the scope of Police employment in sufficient amounts and from reputable insurance companies. Copies of said policies shall be delivered to the Association within thirty (30) calendar days hereafter and within thirty {30) calendar days after any amendment, revisions, or alterations thereto.
    The Township shall provide a death benefit of Ten Thousand Dollars ($10,000.00) in the event of an employee’s death. The Township shall provide for an accidental death or dismemberment benefit covering the lives and limbs of all Police Officers for at least Ten Thousand Dollars ($10,000.00) for losses in the line of duty. The beneficiary for these benefits shall be as P.F.R.S. designates, unless otherwise designated by the Police Officer, in writing.

    ARTICLE 18

    CLOTHING ALLOWANCE




    A. Newly hired Patrol Officers shall be provided with necessary clothing and equipment by the Chief of Police.
    Patrol Officers shall be entitled to an annual credit of Six Hundred Dollars ($600.00) for the purchase of Police clothing, shoes, arms, and furnishings. Such purchases by the Employee may be made throughout the year. The Township shall make requisite payment to the supplier.
    In special cases of clothing damage sustained in the performance of official duties, the Chief of Police shall authorize payment for said damage which the Township shall pay.
    The Township shall, in addition to the foregoing, furnish each Patrol Officer with a suitable bullet-proof vest or appropriate credit to the Officer's clothing allowance should the Officer already possess a bullet-proof vest which was charged against his/her clothing allowance.

    ARTICLE 19

    FUNERAL LEAVE




    Members and Employees will be allowed the following time off in case of the death of father, mother, grandfather, grandmother, spouse, civil union partner, son, daughter, grandchild, brother, sister, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law or sister-in-law, twenty-four (24) hours' leave or from the day of death until the day of burial, inclusive, with pay. For uncle, aunt, nephew, niece, cousin of the first degree, Leave is for the day of the burial only. Exceptions to this rule may be made when special permission, due to unusual circumstances, is received from the Chief of Police.
    Special circumstances shall be referred to the Chief of Police, who shall have the authority to grant additional time off with pay.

    ARTICLE 20

    HOLIDAYS




    All Patrol Officers shall be entitled to ninety-six (96) hours of holiday leave in accordance herewith. Effective January 1, 2008, Patrol Officers at top step on the salary guide only shall be entitled to one hundred and four (104) hours of holiday leave, which is the equivalent of 13 holidays at eight (8) hours of straight time.
    Unless authorized by the Chief of Police, no Patrol Officer shall be excused from work for any holiday.
    The holiday benefit is included in base pay as shown in Article 24 and is used for all computation purposes.













    ARTICLE 21

    VACATIONS


    A. Patrol Officers shall be entitled to annual vacation leave with regular pay according to the following schedule:
                Years Employed Vacation Leave (Hours)
            1 But Less Than 3 Years 80
            3 But Less Than 5 Years 104
            5 But Less Than 10 Years 120
    10 But Less Than 15 Years 144
    15 But Less Than 20 Years 160
    20 Years 168
    21 Years 176
    22 Years 184
    23 Years 192
    24 Years 200
      The vacation period shall be scheduled by the Chief of Police, who shall consider Employee choice and seniority. Said period shall normally be scheduled in the year that it is earned. Employees may take single tour vacation segments with the approval of the Chief of Police, whose approval shall not be unreasonably withheld.
      Patrol Officers who terminate employment shall be paid for their accrued, unused vacation time at the rate equivalent to their average weekly salary as provided herein.

      Employees hired before January 1, 2012 may accrue up to two (2) years of unused vacation leave. When reaching the two (2) year threshold, no more vacation leave will accrue until vacation time is used.

      Employees hired on or after January 1, 2012 may accrue up to one (1) year of unused vacation leave as long as New Jersey law stipulates this one year limitation.
      F. At the time of separation from service, the Employee shall be entitled to pay of any accrued, unused vacation leave credited on the leave record.


      ARTICLE 22

      OVERTIME AND WORK WEEK SCHEDULE


          A Patrol Officers shall perform Police duties in accordance with a
      fourteen (14) consecutive day cycle, each work day consisting of twelve (12) consecutive duty hours. Each work cycle shall consist of two (2) work days, followed by two (2) regular days off, followed by three (3) work days, followed by two (2) regular days off, followed by two (2) work days, followed by three (3) regular days off.
      Each Employee shall be entitled to one hundred ten (110) hours (9.1 tours) per annum as compensation for the additional annual work hours. Such compensatory leave shall be utilized within each calendar year and not accumulate, absent exigent circumstances.
      Patrol Officers, including those assigned to the Detective Bureau, shall receive and the Township shall pay remuneration at the rate of time and one-half (1 ) for all required Police duties performed beyond the regularly scheduled work day or work week. Required Police duties include any activity assigned to or imposed upon any Patrol Officer by the Township, the Police Department, or law.
          During each shift, Patrol Officers shall be entitled to sufficient eating time.

      Patrol Officers who work less than an average of forty (40) hours in any single work week shall not be eligible for overtime pay unless excused in writing by the Township.
      2. The Township reserves the right to require Patrol Officers to work reasonable overtime and the Chief of Police shall exercise reasonableness in assigning overtime duties equitably among the Patrol Officers who are qualified to perform the required overtime work by utilizing a rotating seniority roster for purposes of distributing extra-duty and off-duty work.
      Patrol Officers assigned Detective duties shall receive One Thousand Five Hundred Dollars ($1,500.00) as an allowance for on-call duty.
      F. Patrol Officers who are called out for duty outside their regularly scheduled shift shall be guaranteed a minimum of four (4) hours pay at the rate of time and one-half (1 1/2). This will include call-out for Court time as provided in Article 13.
      G. Should the work week schedule be changed to include "accumulated leave," this accumulated leave can be taken off at the discretion of the Police Officer at any time, including weekends and holidays, but the Chief of Police reserves the right to deny permission to use such accumulated leave in case of an emergency.

          H. In the event the Police Department shall revert to the preceding work

      Schedule, which consists of an eight and one-half (8.5) hour work day, all of the revised provisions as a result of said schedule change shall revert to those terms and conditions which were contained in the immediately preceding Collective Bargaining Agreements absent these revisions.
      42

      ARTICLE 23

      LONGEVITY



      Longevity is defined as a stipend in addition to other remuneration provided herein payable to Patrol Officers by the Township based upon the number of years employed.
      Patrol Officers shall receive and the Township shall pay longevity remuneration in accordance with the following schedule:
      Years of Service Amount


      6 $ 750
      7 $ 850
      8 $ 950
      9 $ 1,050
      10 $ 1,150
      11 $ 1,250
      12 $ 1,350
      13 $ 1,450
      14 $ 1,550
      15 $ 1,650
      16 $ 1,750
      17 $ 1,850
      18 $ 1,950
      19 $ 2,050
      20 $ 2,150
      21 $ 2,250
      22 $ 2,350
      23 $ 2,450
      24 $ 2,550
      25 or More $ 2,650


      C. This remuneration shall be paid in equal installments on regular pay days.

      ARTICLE 24

      SALARIES




      Patrol Officers shall receive and the Township shall pay remuneration commencing and effective as of January 1, 2012 through December 31, 2015 in accordance with the following schedule:
              Guide A: Employees hired before January 1, 2012:
      Effective
      1/1/12
      Effective
      7/1/12
      Effective
      7/1/13
      Effective
      7/1/14
      Effective
      7/1/15
      Patrol Officer 7/
      Top Step
      $101,449
      $103,275
      $105,186
      $107,289
      $109,435
      Patrol Officer 6
      $93,133
      $94,809
      $96,563
      $98,495
      $100,465
      Patrol Officer 5
      $85,980
      $87,528
      $89,147
      $90,930
      $92,748
      Patrol Officer 4
      $78,829
      $80,248
      $81,733
      $83,367
      $85,035
      Patrol Officer 3
      $71,675
      $72,965
      $74,315
      $75,801
      $77,317
      Patrol Officer 2
      $64,522
      $65,683
      $66,899
      $68,237
      $69,601
      Patrol Officer 1
      $57,370
      $58,403
      $59,483
      $60,673
      $61,886
      Trainee Step
      $50,216
      $51,120
      $52,066
      $53,107
        $54,169

              2. Guide B: Employees hired after January 1, 2012:
                  7/1/12
                  7/1/13
                  7/1/14
                  7/1/15
                  Patrol Officer 9
                  $103,275
                  $105,186
                  $107,289
                  $109,435
                  Patrol Officer 8
                  $91,402
                  $91,402
                  $91,402
                  $91,402
                  Patrol Officer 7
                  $83,855
                  $83,855
                  $ 83,855
                  $83,855
                  Patrol Officer 6
                  $76,931
                  $76,931
                  $ 76,931
                  $76,931
                  Patrol Officer 5
                  $70,579
                  $70,579
                  $ 70,579
                  $70,579
                  Patrol Officer 4
                  $64,751
                  $64,751
                  $64,751
                  $64,751
                  Patrol Officer 3
                  $59,405
                  $59,405
                  $59,405
                  $59,405
                  Patrol Officer 2
                  $54,500
                  $54,500
                  $54,500
                  $54,500
                  Patrol Officer 1
                  $50,000
                  $50,000
                  $50,000
                  $50,000
      Step movement shall be on the anniversary date of the date of hire.
      From time to time, the Chief of Police may appoint Police Officers to act as Shift Commanders. Police Officers performing these functions shall receive an amount equal to one-half () of the differential between Sergeant and Patrol Officer Top Step, which amount will be added to base pay.
      Employees shall be paid bi-weekly.


      ARTICLE 25

      EMBODIMENT OF AGREEMENT




      This document constitutes the sole and complete agreement between the parties and embodies all of the terms and conditions governing the employment of Patrol Officers in the unit. The parties acknowledge that they have had the opportunity to present and discuss proposals on any subject, which is (or may be) subject to collective bargaining.
      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, and whether or not within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement. Any prior commitment or agreement between the Township and the Association or any individual Employee covered by this Agreement is hereby superseded.

      ARTICLE 26

      SEVERABILITY




      A. In the event that any provision of this Agreement between the parties shall be held by operation of law or by a Court or Administrative Agency of competent jurisdiction to be invalid or unenforceable, the remainder of the provisions of such Agreement shall not be affected thereby but shall be continued in full force and effect.
      B. It is further agreed that in the event any provision is finally declared to be invalid or unenforceable, the parties shall meet within thirty (30) days of written notice by either party to the other to negotiate concerning the modification or revision of such clause or clauses.

      ARticle 27

      TERM



      This Agreement shall be for a term of four (4) years commencing January 1, 2012 and all rights and duties created hereunder shall be effective as of that date unless otherwise specified in the Agreement.
      IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date aforesaid.
      Policemen’s Benevolent Association Township of Bernards
      Local No. 357

      __________________________ __________________________

          WITNESS: WITNESS:
      SCHEDULE A
      TOWNSHIP OF BERNARDS
      POLICY ON CONFERENCE ATTENDANCE AND TRAVEL
      Revised November 8, 1990
      (NOTE: Revisions to the 1988 Policy Noted in Underlining)



      The Township will provide reimbursement for travel, lodging, meals and registration expense for Employees and officials to attend approved conferences of professional associations and/or the New Jersey League of Municipalities. Other non- listed conferences and training seminars are encouraged where Budget appropriation is adequate and prior authorization has been given by the Township Administrator. The following conditions will apply:
          "Approved" means it has been presented to and authorized by the Administrator before registration or applications are submitted.
          Registration fees for the conferences will be paid in full by an approved Township voucher.
          Cost of hotel lodging will be paid in full by the Township at the designated "conference hotels" or equivalent lodging. This will include appropriate gratuities for service personnel of the hotel. Efforts will be made to utilize economy rated rooms where offered and available. Advantage will be taken of conference discounts and, where feasible, room sharing.
          Meal expense will be reimbursed by the Township on a per diem basis, not to exceed Forty Dollars ($40.00) per day. Unit allowances for meals will be Twenty-Five Dollars ($25.00) for dinner, Nine Dollars ($9.00) for lunch, and Six Dollars ($6.00) for breakfast. Meal functions that are part of the conference ticket (e.g. breakfast meeting, luncheon meeting, or banquet) will be paid in full and the unit amount deducted from that day's per diem meal expense. If less is spent on one meal, then more may be spent on another, but the day's maximum reimbursement will not exceed

            Forty Dollars ($40.00). This does not imply that across-the-board Forty Dollars ($40.00) per day will automatically be reimbursed for meals without documentation of reasonably attainable receipts or, if receipts are unavailable, notation of the actual cost of the meal. Where the day's meal expense does not exceed Forty Dollars ($40.00), only the actual cost will be paid.
        Transportation cost to and from the conference location will be paid by the Township. This will be common carrier transportation on economy class ticketing. Reasonable transportation from terminal or station to hotel will also be paid. Permission may be granted by the Administrator to use a personal vehicle for transport with reimbursement at the current mileage reimbursement rate or the cost of common carrier transportation, whichever is less. Tolls and parking fees will be reimbursed by the Township where automobile travel is authorized.
        Reimbursement for expenses will be provided upon submittal of a signed voucher properly documented with reasonably attainable receipts summarized on and attached to a travel expense form and filed WITHIN THIRTY (30) DAYS AFTER COMPLETION OF THE TRAVEL.
          An advance of seventy-five percent (75%) of the estimated costs, including meal and miscellaneous expenses, may be provided upon written request submitted one week in advance of the Township Committee meeting previous to the departure date, so a resolution authorizing the advance can be adopted in accordance with law.
        SCHEDULE B
        TOWNSHIP OF BERNARDS LONG TERM DISABILITY




        The Township shall provide a long-term disability program through an insurance carrier to cover Employees for other than job-related disabilities extending longer than six (6) months.


        PERC Collective Bargaining Agreemt Summary Bernards Township PBA  2.28.13.pdf

        Bernards Tp and PBA Loc 357.docx