HomeMy WebLinkAboutPBA MOA Office of the Town Attorney R,
Town of Southold '''
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone : 631-765-1939
Facsimile: 631-765-6639 RECEIVED
DEC - 52019
Southold Town Clerk
MEMORANDUM
To: Ms. Elizabeth A. Neville, Town Clerk
From: Mary Silleck
Secretary to the Town Attorney
Date: December 4, 2019
Subject: Agreement Between Town of Southold and The Southold
Town Police Benevolent Association (Hinton)
With respect to the above-referenced matter, I am enclosing an original, fully
executed Agreement for your records together with the resolution.
If you have any questions regarding the enclosed, please do not hesitate to call
me. Thank you.
/ms
Enclosures
cc: Accounting
9/26/19
Memorandum of Agreement made this day of Srptentber 2019 by and between the Town of
Southold and the Southold Town Police Benevolent Association, Inc. ("the PBA").
WHEREAS, the Town and the PBA are parties to a collective negotiations agreement covering
the period 2018-2020, as extended by memoranda of agreement through December 31,2021; and
WHEREAS, on or about July 20,2019,Unit Member P.O.John Hinton was denied recall pay,
even though he had timely reported for duty for an overtime detail that he did not know had been
cancelled; and
WHEREAS, P.O.Hinton filed a grievance protesting the denial of his request for recall pay; and
WHEREAS,the parties desire to resolve this matter without the time, expense and uncertainties
of formal litigation among them and have done so as set forth in this Agreement.
NOW, THEREFORE, in consideration of the recitals set forth above,which are fully
incorporated herein, and in consideration of the mutual covenants set forth below,the parties hereby
stipulate and agree as follows:
1. The grievance will be withdrawn,with prejudice, upon the Town Board's ratification of
this Agreement.
2. P.O.Hinton will be paid four hours of overtime at time and one-half his normal hourly
rate of pay, as set forth in CBA Section 13.1,within 30 calendar days of the Town Board's ratification
of this Agreement.
3. This Agreement represents the entire agreement among the parties with regard to P.O.
Hinton's entitlement to recall pay compensation on July 20, 2019. There are no other agreements, oral or
otherwise.
4. This Agreement is not precedent setting and may not be cited in any third party forum
including, but not limited to, a grievance, an arbitration, a PERB or any other administrative proceeding,
or a court proceeding, except to enforce the terms of this Agreement.
5. This Agreement may be executed with original signatures in counterparts, or by facsimile
or PDF-scanned signatures in counterparts,which will be deemed legally binding as fully as an original
signature.
6. This Agreement is subject to ratification by the Town Board.In the event that thd-Board,
does not approve this Agreement,then this Agreement will become null and void and no adverse
inference will be drawn against either party by virtue of it having entered into the Agreement.
FOR TH TOWN: FOR THE PBA:
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Date: :_ f o -Y 1.,f Date: k6 6 —