HomeMy WebLinkAboutPBA Agreement o -
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Office of the Town Attorney
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
MEMORANDUM
To: Denis Noncarrow, Town Clerk
From: Missy Mirabelli
Secretary to the Town Attorney
Date: September 8, 2023
Subject: Agreement between Town of Southold and PBA
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.
/mm
Enclosures
Cc: PBA
3/8/23
STIPLJLA'I'ION'OF AGREEMENT,made and entered into thisZS `h day of March 2023,by
and between the negotiating committees for 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 bargaining agreement
covering the period January 1,2021 through December 31,2021 ("the CBA");and
WHEREAS,the parties have engaged in negotiations in good faith in an effort to arrive at a
successor agreement to the CBA that expired on December 31,2021;and
WHEREAS,the parties have arrived at a tentative agreement. `
NOW,THEREFORE, in consideration of the mutual covenants contained herein,the
parties stipulate and agree as follows:
1. The provisions of this Stipulation are subject to ratification by the PSA membership
and ratification and approval by the Town Board.
2. The respective negotiating committees below agree to recommend this Stipulation
for ratification/approval.
3. A copy of this original document has been furnished to representatives of the Town
and the PBA.
4. Section 7.11(it)-(Du1y Chart.) The parties will continue their negotiations about the
PBA's proposal for a new duty chart(s),including the hours of work.A committee will be
established for the purpose of doing so,composed of no more than three representatives designated
by the Town and three representatives designated by the PBA.Criteria and other matters that are
not terms and conditions of employment will not be subject to the jurisdiction of this committee.
The committee's results are subject to bilateral,written agreement,ratification and approval within
six months from the date on which the 2022-2024 Agreement is fully ratified and approved.
Nothing contained in this paragraph,nor any action or inaction of the committee,nor any
3/8/23
statements made in committee meetings,will be subject to the grievance procedure or to any
PERB,court proceeding or other third party review.
5. Sdction 9.1 (Salaries):
i. Effective January 1,2022,for police officers hired before December 31,
2013,the base salary will be increased by an additional 2%,as set forth in Appendix A.
H. Effective January 1,2022,for police officers hired on or after December 31,
2013 and before May 22,2018,the first year and seventh year salary steps of the January 1,2021
salary schedule will be increased by 2%,and the second through sixth year salary steps of the
January 1,2021 salary schedule will be recalculated so that the first through seventh year salary
steps are equidistant, as set forth in Appendix A.
iii. Effective January 1,2022, for police officers hired on or after May 22,
2018,the first year and ninth year salary steps of the January 1,2021 salary schedule will be
increased by 2%,and the second through eighth year salary steps of the 2021 salary schedule will
be recalculated so that the first through ninth year salary steps are equidistant,as set forth in
Appendix A.
iv. Effective January 1,2022, the January 1,2021 sergeant salary rate will be
increased by 2%,as set forth in Appendix A.
V. Effective January 1,2022,the January 1,2021 lieutenant salary rate will be
increased by 2%,as set forth in Appendix A.
Vi. Effective January 1,2023, for police officers hired before December 31,
2013,the base salary will be increased by an additional 2%,as set,forth in Appendix A.
Vii. Effective January 1,2023, for police officers.hired on or after December 31,
2013 and before May 22,2018,the first year and seventh year salary steps of the January 1,2022
salary schedule will be increased by 2%,and the second through sixth year salary steps of the
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January 1,2022 salary schedule will be recalculated so that the first through seventh year salary
steps are equidistant,as set forth in Appendix A.
viii. Effective January 1,2023,for police off eers'hired on or after May 22,
2018,the first year and ninth year salary steps of the January 1,2022 salary schedule will be
increased by 2%,and the second through eighth year salary steps of the 2022 salary schedule will
be recalculated so that the first through ninth year salary steps are equidistant,as set forth in
Appendix A.
ix. Effective January 1,2023,the January 1,2022 sergeant salary rate will be
increased by 2%, as set forth in Appendix A,
X. Effective January 1,2023,the January 1,2022 lieutenant salary rate will be
increased by 2%,as.set forth in Appendix A.
xi. Effective January 1,2024,for police officers hired.before December 31,
2013,the base salary will be increased by an additional 2%,as set forth in Appendix A.
xii. Effective January 1,2024,for police officers hired on or after December 31,
2013 and before May 22,2018,the first year and seventh year salary steps of the January 1,2023
salary schedule will be increased by 21/o,and the second through sixth year salary steps of the
January 1,2023-salary schedule will be recalculated so that the first through seventh year salary
steps are equidistant,as set forth in Appendix A.
xiii. Effective January 1,2024,.for police officers hired on or after May 22,
2018,the first year and ninth year salary steps of the January 1.,2023 salary schedule will be
increased by 2%,and the second through eighth year salary steps of the 2023 salary schedule will
be recalculated so that the first through ninth year salary steps are equidistant,as set forth in
Appendix A.
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xiv. Effective January 1,2024,the January 1,2023 sergeant salary rate will be
increased by 2%,as set forth in Appendix A.
xv. Effective January 1,2024, the January 1,2023 lieutenant salary rate will be
increased by 2%,as set forth in Appendix A.
6. Section 9.21Detective Differential).Effective January 1,2023,the differential will
be increased to$1,984 during the first year of the assignment; $3,969 during the second year of the
assignment;$5,953 during the third year of the assignment;and$7,937 during the fourth and
subsequent years of the assignment.
7. Section 2.3(Tour-Differential).Effective January 1,2022,the three tour differential
will be increased by$350 and the two tour differential by$175.
8. Section I6(Longcvitv).Effective January 1,2024, longevity pay will be increased
by 0.37%in each tier.
9. Section M(Amendmonts).Add to the end of the sentence,"and ratified by a
a
duly adopted'Town Board resolution."
10. Section 27(Canine Unit).The parties' December 22,2004 MOA will be
incorporated into the CBA.
11. Section 28. 1 (Term of recnren :Three years(January 1,2022—December 31,
2024);change"January 1,2021"to"January 1,2024"and"December 31,2021"to"December
31,2024."
12. Civil Service Law Sections 71173.Add anew Section to the Agreement entitled
"Civil Service Law Section 71/73 Procedure,"as follows:"Effective upon the date on which the
20222024 Agreement is fully ratified and approved,the attached procedure will be implemented.
(See Appendix B.)
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FOR THE TOWN: FOR THE 11BA:
a
s
Town of Southold DRAFT-for Contract Review Purposes
PBA Salary Schedule
Contract Term-1/1/2022 to 12/31/2024
Hired Prior to 12/31/13
Position 112022 112023 112024
Police Officer • $129,695 $ 132,289 $134,935
Hired 1/1/9014 to May 21,2018
Period of Service 1 3 2022 1/112023 1 1 202
First Year $ 52,639 $ 53,692 $ 54;766
Second Year $ 65,482 $ 66,792 $ 68,128
Third Year $ 78,325 $ 79,891 $ 81,489
Fourth Year $ 91,168 $ 92,991 $ 94,851
Fifth Year $104,011 $106,090 $108,212
Sixth Year $116,854 $ 119,190 $121,574
Seventh Year $ 129,695 $ 132,289 $134,935
s
Hired After May 21,2018
Period of Service 1/1/2022 ! 1 2023 1/112024
First Year $ 52,639 $ 53,692 $ 54,766
Second Year $ 62,271 $ 63,517 $ 64,787
Third Year $ 71,903 $ 73,341 $ 74,808
Fourth Year $ 81,535 $ 83,166 $ 84,829
Fifth Year $ 91,167 $ 92,990 $ 94,850
Sixth Year $ 100,799 $102,815 $104,871
Seventh Year $110,431 $112,640 $114,892
Eighth Year $120,063 $122;465 $124,913
1 Ninth Year $ 129+695 $132,289 $.134,935
-Sergeant/Lieutenant
Position 1/1/2022 1 1 2023 1/1/2024
Sergeant $152,514 $155,564 $158,675
Lieutenant $ 171,482 $174,912 $178,410
3/8/23
APPENDIX"B"
CIVIL SERVICI+:LAW SECTIONS 71./73 PROCEDURE
1. This procedure will be effective on the date on which the 2022-2024 Agreement is
fully ratified and approved.
2. By no later than 20 calendar days following an employee's absence as a result of a
disability resulting.from occupational injury or disease as defined in the New York Workers'
Compensation Law,the Town will,using the form attached hereto as Exhibit"A,"notify the
employee that the employee may beseparated from service pursuant to Civil Service Law §71.
The notice will be sent by regular mail and certified mail,return receipt requested,to the
employee's home address on file.with the Town. ---- --_-—
3. By no later than 20 calendar days following an employee's absence as a result of a
disability,other than a disability resulting from occupational injury or disease as defined in the
New York Workers' Compensation Law,the Town will,using the form attached hereto as Exhibit
"B,"notify the employee that the employee may be separated.from service pursuant to Civil
Service Law § 73.The notice will be sent by regular mail and certified mail,return receipt-
requested,
eceiptrequested,to the employee's home address on file with the Town.
4. Following the issuance of the notice described in paragraphs"1"and"2,"and
retroactive to the first day of the employee's absence,the employee will be deemed to be on an
unpaid Section 71 or 73 leave of absence.An employee.may use his/her accrued leave time,during
the absence,in the following order:(1)sick leave;(2)vacation leave;(3)personal leave;(4)other,
5. By no later than 30 calendar days prior to the expiration of the employee's Section
71 leave.of absence,the Town will,using the form attached hereto as Exhibit"C,"remind the
employee thattthe employee may be separated from service pursuant to Civil Service Law§71.
The notice will be sent.by regular mail and certified mail,returnreceipt requested,to the
employee's home address on file with the Town.
6. By no later than 30 calendar days.prior to the expiration of the employee's Section
73 leave of absence,.the Town will,using the form attached hereto as Exhibit"D,"remind the
employee that he/she may be separated from service pursuant to Civil Service Law§73.This
notice will be sent by regular mail and certified mail,return receipt requested,to the employee's
home address on file with the Town.
7. If the employee does not challenge the proposed tennination or the challenge is
unsuccessful,the employee's employment will be terminated effective on the date designated by
the Town. If the employee successfully challenges the proposed termination,then the Town will,
using the form attached hereto as Exhibit"C"or"D,"notify the employee ofthe new proposed
termination.date.
8. The Town retains the right to make non-substantive changes to the Exhibits"A"—
"D"following notice.to Association.
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9. In the event that an employee with then current General Municipal Law Section
207-c status is separated pursuant to Civil Service Law Section 71,the employee will retain the
employee's General Municipal Law§207-c status,except as set forth in this procedure, for as long
as same is required pursuant to General Municipal Law§207-c and the applicable case law
interpreting it.
10. In the event that an employee with then current General Municipal Law Section
207-e status is separated pursuant'to Civil Service Law Section 71,and has not received an
ordinary or disability retirement pension,the employee will thereafter make him/herself available,
pursuant to the Town/PBA collective bargaining agreement("CBA")Section 4 for the purpose of
being examined by a Town-appointed physician to determine the employee's ability to perform
full duty,without restriction,as a Town police officer.
11. In the event that an employee with then current General Municipal Law Section
207-c status is separated pursuant to Civil Service Law Section.71,and has not received an
ordinary or disability retirement pension,and is at any time thereafter determined by a Town--
appointed physician to be able to return to full duty,without restriction,as a Town"police officer,
the employee will be immediately thereafter notified,pursuant to the procedure set forth in CBA
Section 4(I')that the employee's General Municipal Law§207-c status will be deemed
termuiated as of a date selected by the Town following the notification.The employee will then,if
the employee so chooses,be permitted to appeal that determination,pursuant to the procedure set
forth in CBA Section 4(M,and any related provision of Section 4 that is referenced therein.
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{
EXHIBIT A
8
3/8/23
[ON SUPERVISOR'S LETTERIiEAD]
(INSERT DATE)
BY FIRST CLASS AND CERTIFIED MAIL
RETURN RECEIPT REQUESTED
(INSERT NAME)
(INSERT ADDRESS)
Dear
As you are aware,you have been absent from work due to a work-related
(INSERT"illness"or"injury')as defined in the Workers'Compensation Law,i.e.,
.(INSERT GENERAL DESCRIPTION OF ILLNESS/INJURY)since
(INSERT DATE)and through today.Pursuant to New York Civil Service Law
Section 71,you are entitled to up to a one cumulative work year's(CHANGE TO TWO YEARS
IF ILLNESS/INJURY RESULTED FROM ASSAULT SUSTAINED IN TH&COURSE OF
EMPLOYMENT)leave of absence due to this (INSERT"illness"or"injury").
After that time,however,this law grants the Town the right to terminate your employment.
You are hereby notified that your employment with the Town may be terminated following
one cumulative year's(CHANGE TO TWO YEARS IF ILLNESS/INJURY RESULTED FROM
ASSAULT.SUSTAINED IN THE COURSE OF EMPLOYMENT)absence resulting from this
(INSERT"illness"or"injury")if you do not return to work before that time
because you will have been absent by that date in excess of one cumulative work year as a result of
your (INSERT"illness"or"injury").
You are advised that, if you are terminated,you may have an opportunity to be reemployed
by the Town.Civil Service Law Section 71 provides that;within one year after you recover from
your (INSERT"illness"or"injury"),you may apply to the Town of Suffolk
County Civil Service Commission for a medical examination to be conducted by a medical officer
selected by that Commission.If the medical officer certifies that you are physically and mentally
fit to perform the duties of a (INSERT CIVIL SERVICE JOB TITLE),then you
will be reinstated if there is a vacancy available as a (INSERT CIVIL SERVICE
JOB TITLE) at that time,or to a vacancy in a similar position,or to a vacancy in a position in a
lower grade in the same occupation.If no vacancy exists at that time,you will be placed on a
preferred eligible list for a position as a (INSERT CIVIL SERVICE JOB TITLE),
and will remain on that list fora period of four years.
Finally,I strongly recommend that you review the Town/PBA collective negotiations
agreement, and consult with your Union and attorney,to determine if there are any.other legal
rights to which you maybe entitled.
If you have any questions about this letter;please direct them to me.
9
3/8/23
Sincerely,
cc: PBA Unit President
Police Chief
Town Attorney
Accounting .
Labor Counsel
t
10
318/23
EXHIBIT B
i
it
3/8/23
[ON SUPERVISOR'S LETTERHEAD]
(INSERT DATE)
BY FIRST CLASS AND CERTIFIED MAIL
RETURN RECEIPT REQUESTED
[INSERT NAME)
[INSERT ADDRESS]
Dear '
As you are aware,you have been absent from work due to a non-work-related
(INSERT"illness"or"injury");i.e., (INSERT GENERAL
DESCRIPTION OF ILLNESS/INJURY)since. (INSERT DATE).Pursuant to New
York State Civil Service Law Section 73,you are.entitled to up to a one consecutive year's leave
of absence;i.e:,365 days),due to this (INSERT"illness"or"injury"). After that
time,however, this law grants the Town the right to tenninate your employnietit.
You are hereby notified that your employment may be terminated as of
(INSERT DATE) if you do not return to work before that time,because you will have been absent
by that date in excess of one consecutive year as a result of your .(INSERT
"illness"or"injury").
You are advised that, if you are terminated,you may have an opportunity to be reemployed
by the Town.Civil Service Law Section 73 provides that,within one-year after you recover from
your (INSERT"illness"or"injury"),.you may apply to the Suffolk-County Civil '
Service Commission for a medical examination to be conducted.by a medical officer selected by
that Commission.If the medical officer certifies that you are physically and mentally fit to perform
the duties of (INSERT CIVIL SERVICE TITLE),then you will be reinstated if there
is a vacancy available as a (INSERT CIVIL SERVICE TITLE)at that time,or to a
vacancy in a similar position,or to a vacancy in a position in a.lower grade in the same occupation.
If no vacancy exists at that time,you will be placed on a preferred eligible list for a position as a
(INSERT CIVIL SERVICE TITLE),and will remain on that list for a period of four
years.
Finally,I strongly recommend that you review the Town/PBA collective negotiations
agreement,and consult with your Union and attorney,to determine iftherc are any other legal
rights to which you may be entitled.
If you have any questions about this letter,please direct them to me.
Sincerely,
12
3(8/23
cc: PBA Unit President
Police Chief
Town Attorney
Accounting
i,abor Counsel
13
3/8/23
EXHIBIT C
i.
14
3/8/23
[ON SUPERVISOR'S LETTERFIEAD]
(INSERT DATE)
BY FIRST CLASS AND CERTIFIED MAIL
RETURN RECEIPT.REQUESTED
(INSERT NAME)
(INSERT ADDRESS)
Dear
As you are aware,you have been absent from work due to a work-related
(INSERT"illness"or"injury")as defined in the Workers' Compensation Law;i.e.,
(INSERT GENERAL DESCRIPTION OF ILLNESS/INJURY)since
(INSERT DATE).Pursuant to New York State Civil Service Law Section 71,the
Town has the right to terminate your employment when you have been cumulatively absent from
work for more than one work year(CHANGE TO TWO YEARS IF ILLNESS/INJURY
RESULTED FROM ASSAULT SUSTAINED IN THE COURSE OF EMPLOYMENT)due to
your (INSERT"illness"or"injury").
You are hereby notified that your employment may be terminated as of
(INSERT DATE;LETTER TO BE SENT NO LATER THAN 30 CALENDAR DAYS BEFORE
LEAVE EXPIRES).The bases for the decision are (INSERT BASES FOR
z
DETERMINING THAT EMPLOYEE HAS BEEN ABSENT FOR WORK-RELATED ILLNESS;
I.E., DOCTORS'REPORTS,NOTES;ETC.)
f
If you dispute the fact that you have been absent from work due to an
(INSERT"illness"or"injury")as defined by the Workers'Compensation Law,or the dates on
which you have been absent from work due to that (INSERT"illness"or,
"injury"),or the fact that you have been cumulatively absent because of that
(INSERT"illness"or"injury")for more than one work year(CHANGE TO TWO YEARS IF
ILLNESS/INJURY RESULTED FROM ASSAULT SUSTAINED IN THE COURSE OF
EMPLOYMENT);you have the right to challenge my understanding of those facts. If you wish to
contest my preliminary decision to terminate your employment on these or any other bases
appropriate.pursuant to.Civil Service Law Section 7.l,.you must follow the procedure set forth in
the Town/PBA collective negotiations agreement.
If do not timely challenge your proposed term ination,then I will accordingly act to
terminate your employment. You will then have the right to request a post-termination hearing to
contest the decision.
You should also be advised that you may have an opportunity to be reemployed by the
Town.Civil Service Law Section 71 provides that,within one year after the termination ofyour
(INSERT"illness"or"injury"),you may apply to the Suffolk County Civil
Service Commission for a medical examination by a medical officer selected by the Commission.
If the medical officer certifies that you are physically and mentally fit to perform the duties of a
(INSERT CIVIL SERVICE TITLE),then you will be reinstated if there is a vacancy
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3/8/23
available as a (INSERT CIVIL SERVICE TITLE)at that time,or to a vacancy in a
position in a lower grade in the same occupation.If no vacancy exists at that time,you will be
placed on a preferred eligible list for a position as a (INSERT CIVIL SERVICE
TITLE)and will remain on the list for a period of four years.
Finally,I strongly recommend that you review the Town/pBA collective negotiations
agreement,and consult with your Union and attorney,to determine if there are any other legal
rights to which you may be entitled.
If you have any questions about this letter,please direct them to me.
Sincerely,
cc: PAA Unit President
Police Chief
Town Attorney
Accounting
Labor Counsel
16
3/8/23
i
i
fi
EXHIBIT D
4
i
1.7
3/8/23
[ON SUPERVISOR'S LETTERHEAD]
(INSERT DATE)
BY FIRST CLASS AND CERTIFIED MAIL
RETURN RECEIPT REQUESTED
(INSERT NAME)
(INSERT ADDRESS)
Dear
As you are aware,-you have been absent from work due to a non-work-related
.(INSERT"illness"or"injury");i.e., (INSERT GENERAL
DESCRIPTION OF ILLNESSANJURY)since (INSERT DATE).Pursuant to !
New York State Civil Service Law Section_73,the Town has the right to terminate your
employment when you have been consecutively absent from work for more than one work year
due to a non-work-related illness or injury.You are hereby notified that your.employmentmay be
terminated as of (INSERT DATE;LETTER TO,BE SENT NO LATER THAN
30 CALENDAR DAYS BEFORE LEAVE EXPIRES).
The bases for the decision are(INSERT BASES FOR DETERMINING THAT
EMPLOYEE HAS BEEN ABSENT FOR NON-WORK RELATED ILLNESS;I.E.,DOCTORS'
REPORTS,NOTES.;ETC.)
If you dispute the fact that you have been absent from work because of a non-work related
(INSERT"illness"or"injury"),or the dates on which you have been absent from
work due to that (INSERT"illness"or"injury"),,or the fact that you have been
consecutively absent because of that (INSERT"illness"or"injury")for more than
one consecutive work year,you have the right to challenge my understanding of those facts.If you.
wish.to contest my preliminarydecision to terminate your employment on these or any other bases
appropriate pursuant to Civil Service Law Section 73,you.must followthe procedure.set forth in
the Town/PBA collective negotiations agreement:
If you do not timely challenge your proposed termination,then I will accordingly act to
terminate your employment.You will then have the right to.request a post-termination hearing to
contest the decision.
You.should also be advised that you may have an opportunity to be reemployed by the
Town.Civil Service Law Section 73 provides that,within one year after the termination of your
(INSERT"illness"or"injury'),you may apply to the Suffolk County Civil
Service Commission for a medical examination by a medical officer selected by that Commission.
If the medical officer certifies that you arephysically and mentally foto perform the duties of a
(INSERT CIVIL SERVICE TITLE),you will be reinstated if there is a vacancy
available as a (INTSERT CIVIL SERVICE TITLE),at that time,or to a vacancy in a
position in a lower grade in the same occupation. If no vacancy exists at that time,you will be
placed on a preferred eligible list fora position as a (INSERT CIVIL SERVICE
TITLE)and will remain on the list for a period of four years.
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3/8/23
Finally,I strongly recommend that you review the Town/PBA collective negotiations
agreement,and consult with your Union and attorney,to determine if there are any other legal
rights to which you may be entitled.
If you have any.questions about this letter,please direct them to me.
Sincerely,
cc: PBA Unit President
Police Chief
Town Attorney
Accounting
Labor Counsel
19.
ryc!!fir 4y
I2ESC`1<.,1JTIQN 2023-381
r
} ADOPTEDDOC ID: 19082
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2023-381 WAS
ADOPTED AT THE SPECIAL MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 18,2023:
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the
Stipulation ol'Agreement dated March 8, 2023 between the Town of Southold and the Southold
Town.Police Benevolent Association and hereby authorizes Supervisor Scott A.Russell to
execute same on behalf of the Town of Southold.
Denis Nonearrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jill Doherty, Councilwoman
SECONDER:Greg Doroski, Councilman
AYES: Nappa, Doroski,Mealy, Doherty, Evans,Russell
r
6/15/23
AGREEMENT
BETWEEN
THE TOWN OF SOUTHOLD
AND THE SOUTHOLD TOWN
POLICE BENEVOLENT ASSOCIATION
JANUARY 1, 2022 -DECEMBER 31, 2024
6/15/23
TABLE OF CONTENTS
SUBJECT SECTION , PAGE
Additional Compensation 24 25
Amendments 19 23
Apportionment of Benefits 23 24
Benefit Plan 15 20
Canine Unit 27 25
Civil Service Law Sections 71 and 73 Procedure 29 25
College Credit 11 18
Compensation for Court Attendance and Overtime Work 13 19
Death of Employee 14 20
Discipline and Bill of Rights 17 21
Employer-Employee Relations and Grievance Procedure 16 20
Ethics Disclosure 26 25
General Municipal Law Section 207-c 4 3
Hospitalization 12 18
Leave of Absence, Sick Days, Child Care and Holidays 7 10
Legislative Approval 22 24
Longevity Pay 10 17
Management Rights 2 1
No Strike Pledge 20 24
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SUBJECT SECTION PAGE
Notice of Promotions 5 8
Personnel Records 18 23
Protection of Employees 3 2
Recognition 1 1
Retirement Benefits 8 14
Salaries 9 15
Staff Meetings 25 25
Term of Agreement 28 25
Uniform Cleaning 21 24
Vacations 6 8
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6/15/23
THIS AGREEMENT made this 15th day of June 2023, by and between the TOWN OF
SOUTHOLD, a municipal corporation of the State of New York("the Town")and the
SOUTHOLD TOWN POLICE BENEVOLENT ASSOCIATION, INC., a membership
corporation of the State of New York("the PBA" or"Association").
WITNESETH:
WHEREAS,Article 14 of the Civil Service Law provides that public employees shall
have the right to be represented by employee organizations to negotiate collectively with their
public employer!in the determination of their terms and conditions of employment, and to enter
into written agreements with respect thereto; and
WHEREAS,the PBA has been certified as the employee organization, as a result of an
election,to represent all uniformed members of the Town Police Department, including all
police officers, sergeants, lieutenants and detectives, excluding the Chief of Police and the
Captain, and all other employees, hereinafter referred to as"employees;"
NOW, THEREFORE,the parties hereby agree as follows:
SECTION 1. RECOGNITION
1.1 The Town does hereby recognize the PBA as the exclusive employee organization to
represent the employees and extends to the PBA the following rights:
a. to represent the employees in negotiations and in the settlement of grievances; and
b. to membership dues deduction, upon presentation of dues deduction authorization cards
signed by individual employees.
SECTION 2. MANAGEMENT RIGHTS
2.1 Not contrary or inconsistent with the terms of this Agreement or Civil Service Law,the
Town reserves the right to determine the standards of law enforcement and related services to be
offered by its Police Department; to set the standards of selection for employment;to direct its
employees; to regulate work schedules;to take disciplinary action;to abolish positions;to
maintain the efficiency of governmental operations;to determine the content of job
classifications subject to Civil Service Commission approval;to take all necessary actions to
carry out its mission in emergencies; and to exercise control and direction over its organization
and technology of performing its work.
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6/15/23
SECTION 3. PROTECTION OF EMPLOYEES
3.1 Seniority
a. Seniority shall be determined on the basis of continuous employment in the Southold
Town Police Department. Additionally, an employee who has been transferred from another
Police Department within Suffolk County to the Department_shall receive credit for purposes of
seniority for continuous time served in other police departments in Suffolk County.
b. Seniority is determined: first, by rank; second, by continuous service in rank; third, by
date of appointment to previous rank or ranks; fourth, by the date of appointment to Department
(any employee who has been transferred from another police force within Suffolk County shall,
for the purpose of determining seniority, be credited with that prior service); fifth, by highest
score on the civil service list from which appointments were made at the time of the initial
appointment examination; sixth, by age (older employee is senior); and seventh, alphabetically
by surname.
3.2 Legal Services
The Town shall provide legal services to an employee against whom an action or
proceeding has been commenced involving any matter occurring within the scope of his/her
employment as an officer or employee of the Town.
3.3 Seasonal Police Officers
a. The Chief of Police, or his/her designee, shall have the right to deploy"Certified
Seasonal Police Officers"who are actually on duty to perform functions (other than actual sector
assignments)that are deemed necessary by the Chief of Police or his/her designee.
b. Notwithstanding the above, Seasonal Police Officers may be used for all other
assignments, including sector assignments,when the full-time compliment of Police Officers is
depleted due to court appearances, medical absence or vacations, or in emergency conditions
when the full-time compliment of Police Officers is insufficient to insure adequate protection of
life and property.
SECTION 4. GENERAL MUNICIPAL LAW SECTION 207-c
This procedure is intended to regulate the application for, and the award and/or
termination of, benefits under Section 207-c of the General Municipal Law("GML 207-c"). It
shall operate as a waiver of any other procedural rights the Town or the Association and/or its
employees may have pursuant to GML 207-c regarding the application for, and the award and/or
termination of, benefits under GML 207-c, including the right to utilize any other forum to seek
redress regarding the subject matter set forth herein. Nothing contained herein, though, should
be construed as limiting the power of a party to challenge a decision, as provided herein,
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pursuant to C.P.L.R. Article 75. Any future changes enacted by the State in the provisions of
GML 207-c that conflict with an explicit provision of this procedure shall supersede the
preexisting provision of this procedure.
I. APPLICATION FOR BENEFITS
1. Employees shall,within 48 hours of the occurrence, or within 48 hours of when the
employee should reasonably have known of the occurrence, report to the Chief or senior ranking
officer on duty any injury or sickness ("injury")to themselves,no matter how slight. The
notification ("application") shall be made on the Department's existing employee injury report
form.
2. An application shall be deemed"untimely"unless it is filed on a timely basis in
accordance with this procedure. Except as set forth in the next sentence, an employee's failure to
comply with these reporting obligations shall result in the denial of an application for benefits
under this procedure. In the event these requirements cannot be met due to (i)the employee's
physical or mental incapacity; (ii) an unforeseeable emergency; or(iii) any other situation that
the Chief, in his/her sole discretion, finds acceptable,these requirements shall be met within 96
hours of the employee's ability to do so, or other time as is set by the Chief in his/her sole
discretion. In these circumstances,the Association or a member of the employee's immediate
family may file the application on the employee's behalf,provided same is accomplished on a
timely basis.
3. In addition, an injury report shall be completed by the Chief or highest ranking officer
on duty and filed in the Chief s Office by the end of the next regular business day following the
occurrence.
II. INITIAL APPLICATION FOR GML 207-c BENEFITS
1. The Chief or designee ("the Chief') shall have exclusive authority to initially
determine the employee's eligibility for benefits under GML 207-c. The Chief shall have the
authority to conduct a full investigation of the facts concerning the application.
2. After filing the application,the employee shall submit to one or more medical
examinations or inspections ("examinations") as provided by law. The employee shall cooperate
fully with the designated physician. This shall include, but not be limited to, promptly
forwarding to the Chief and the Town Attorney's Office and designated physician all reports,
data, records and other information related to the employee's injury. Failure to cooperate may
result in information being disregarded or excluded by the Town or the arbitrator.
3. The employee shall, along with the application for GML 207-c benefits complete, sign
and submit to the Town any medical release forms requested by the Town,utilizing the existing
Department form.
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4.' The Employee shall fully cooperate with the Town's designated physician. This shall
include, but not be limited to, forwarding to the Town's designated physician all reports, data,
records and other information related to the employee's injury.
5. Any reports submitted by either the Town's designated or the employee's doctor/other
health care provider("health care provider(s)") shall include the following information: (a)the
exact date(s)that the health care provider examined the employee regarding the injury; (b) an
explanation of what the examination consisted; (c) diagnosis; (d) causation, and the basis for that
belief,€treatment modalities; (f)what duties, if any,the employee cannot perform, and for how
long; and (g) whether any or all of the duties the employee cannot perform could be performed
with an accommodation(s) and, if so,what the accommodation(s) is (are). The failure to provide
information as specified in this paragraph may result in the health provider's report being
disregarded or excluded by the Town or the arbitrator.
6. The Town shall render a written decision on the application for benefits within 60
calendar days after receipt of the application. A copy of the decision will be mailed to the
employee by regular and certified mail, return receipt requested, at the address specified in the
application. A copy shall also be delivered to the Accounting and Town Attorney's Offices. The
failure to issue a decision in accordance with this time limit shall result in the employee being
placed on GML 207-c status.
7. While a final decision as set forth in this GML 207-c procedure is pending,time off
alleged to be attributable to the injury giving rise to the claim for GML 207-c benefits shall be
charged based on the Department's initial determination. Regardless of whether the employee is
in a paid (utilizing his/her accrued time) leave or no-pay status,the only benefit the employee
shall receive during the pendency of the process is holiday compensation.
8. If the decision is that the employee is eligible for GML 207-c benefits, then the
employee shall be so categorized and any time off taken due to the injury or sickness shall be
charged to GML 207-c leave, subject to the provisions of Section V below. The employee's
GML 207-c benefits shall continue as long as the employee remains eligible.
9. In the event the employee is not satisfied with the Town's decision and wishes to
appeal it, the Town's and the employee's physician will agree upon a neutral third party
physician who shall promptly examine the employee and render a report as required in¶5. That
report shall be promptly forwarded to the employee,Accounting and Town Attorney's Offices
for their review. It shall be admissible in evidence, although not given preclusive effect, at any
subsequent stage of this procedure.
10. In the event,that the neutral third party physician's report does not satisfactorily
resolve the parties' dispute because that the employee is not satisfied with the Town's decision
and wishes to appeal it,the employee shall file with the Town within five calendar days of
receipt of the decision a written demand for arbitration on the GML 207-c claim. The employee
shall be deemed to have forfeited GML Section 207-c benefits if the employee fails to do so in a
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timely manner. The parties to the arbitration shall be the Town and the employee. There shall
be a single arbitrator("the arbitrator"),who shall be selected in accordance with New York State
PERB's Labor Arbitration Rules. All costs billed by the Arbitrator shall be borne equally by the
Town and the employee. All other costs shall be paid by the party incurring them; e.g.,
witnesses, exhibits,transcripts; etc.
11. The Arbitrator shall have the authority to decide,whether the Town's denial of
the claim of entitlement to GML 207-c benefits was arbitrary and capricious. He or she shall
have authority to consider and decide all allegations and defenses made with regard to the GML
207-c claim. In the event of a dispute between the parties as to the nature of the proceeding, the
Arbitrator shall first decide whether the proceeding represents an issue of an applicant's initial
entitlement to GML 207-c benefits or whether the proceeding presents a different issue that
should be decided in a different proceeding, as outlined below. The burdens of production, and
proof by a preponderance of the evidence, shall be upon the employee, except for hearings
involving Section IV,where the burdens of production and proof shall be upon the Town.
12. The Arbitrator shall have no right to amend, modify, nullify, ignore, add to, or
subtract from the provisions of this procedure,the Collective Bargaining Agreement and the
rules. The Arbitrator shall have no authority to make a decision on any issue not submitted or
raised by the parties. Should the Arbitrator find in favor of the employee,then all leave
entitlements utilized from his/her accrued leave bank shall be restored. This shall also include
holiday and night shift differential if the employee is eligible to receive same.
13. The decision and award of the Arbitrator shall be final and binding on the parties.
III. ALLEGED RECURRENCE OR AGGRAVATION OF PRIOR INJURY
1. In the event that the employee or the Department alleges that an injury is a
recurrence or aggravation of a prior injury, the procedures set forth in Section II shall be
implemented.
2. The employee shall submit to the Town Attorney's Office and Accounting Office
any previously unsubmitted health care provider(s)report(s)upon which the employee intends to
rely at the hearing immediately upon receiving same from the care provider. If a direct causal
relationship is found between the alleged recurrence,or aggravation of a prior injury, and the
prior injury that was designated by the Town as a GML 207-c injury, then the application shall
be granted, provided the Arbitrator otherwise finds the employee entitled to GML 207-c benefits
as set forth in Section Il. If no relationship is found, then the claim shall be treated as an initial
injury and the matter shall be processed pursuant to Section Il.
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IV. TERMINATION OF BENEFITS/RETURN TO DUTY
L The Town may review cases of employees receiving GML 207-c benefits for the
purpose of determining whether the employee continues to be entitled to those benefits and in
furtherance thereof may take action as is appropriate under the law.
2. Any employee who is receiving benefits under GML 207-c continues to be
subject to rules and regulations of the Department.
3. Upon receipt of a certification from the Town-designated physician that an
employee is able to perform some or all of the duties of his or her position, or upon receiving
information wherein the Department asserts that the employee is no longer eligible for 207-c
benefits,the Town shall notify the employee of same, by serving a written notice of proposed
termination, setting forth the effective date thereof and a copy of the physician's certification,
upon the employee by regular mail and certified mail, return receipt requested. The effective
date may be no sooner than 48 hours after notification. A copy shall also be delivered to the
Accounting Department and the Town Attorney.
4. If the employee disagrees with the Town's determination, he or she shall
commence an appeal pursuant to the procedures outlined in Section II(10). While pending,the
employee shall remain on GML 207-c status. However, if more than 60 calendar days elapse
from the effective date of the Town's notification to the employee and the final resolution of the
dispute, any time in excess of the 60 day period shall be charged against the employee's accrued
leave time; except that, if the employee in good faith indicates that he/she is ready,willing and
able to go forward on a day or days agreed upon by the arbitrator and counsel for the employee
and Town and, in fact, goes forward and presents his/her case within that 60 day period, or a
scheduled arbitration hearing is adjourned at the request of the Town or the arbitrator, than the
60 day period shall be extended to 90 days. Regardless of whether the employee is in a paid
leave,or no-pay status, the only benefit the employee shall receive during the pendency of the
hearing process is holiday compensation. In the event that the employee's GML 207-c status is
confirmed when the matter is finally resolved, any leave time used as a result of the operation of
this provision shall be recredited to the employee.
5. Any arbitrator selected to hear a case under this Section must agree to hear the
case within 30 days of the date of selection and render an opinion within 30 days thereafter.
V. OTHER PROVISIONS
1. In the event that any portion of this procedure is invalidated by a decision of a
tribunal of competent jurisdiction, then that portion shall be of no force and effect, but the
remainder of this procedure shall continue in full force and effect. In this event, either the
Association or the Town shall have the right immediately to reopen negotiations with respect to a
substitute for the invalidated portion.
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2. An employee may have an attorney of his or her choice or an employee of the
Department as his or her representative at any stage of this procedure, provided there is no
unreasonable delay.
3. Evidence pertaining to an employee's application for benefits pursuant to the
Workers' Compensation Law, including whether the application was controverted, granted or
denied, shall not be given any preclusive effect in any stage of this procedure, but shall be
admissible as evidence to be given the weight deemed appropriate by the Arbitrator.
4. This procedure shall take effect on August 8, 2006 and shall apply to any claim of
entitlement to or use of GML 207-c benefits made after that date. In the event a proposed"new"
utilization of GML 207-c benefits after this date is based on an injury that allegedly occurred
prior to August 8, 2006, the employee shall comply with the terms of Section III of this
procedure within 30 days after the date of the"new" injury. After the filing of the application
form, the claim for utilization of GML 207-c based on a pre-August 8, 2006 injury shall be
decided in accordance with Section III.
5. All benefits presently being provided by practice for employees on GML 207-c
and/or workers' compensation status will be terminated after the employee has been absent from
work for a total of 12 months' absence, retroactive to the date on which the absence began.
However,there will be no claw back of benefits paid prior to November 22, 2016. This
determination does not affect salary and longevity which will continue, by law,while the officer
is on GML 207-c and/or workers' compensation.
SECTION 5. NOTICE OF PROMOTIONS
5.1 Notice of all promotional positions within the PBA unit shall be posted on available
bulletin boards at Police Headquarters, and all employees shall be given an opportunity to make
application for the positions.
5.2 An employee who is scheduled to take a Town police-related departmental promotional
examination shall be entitled to eight consecutive hours' off-duty prior to the scheduled time of
the examination provided:
a. That the employee is scheduled for the tour immediately prior to the time of
commencement of the examination.
b. The off-duty time shall be with pay.
SECTION 6. VACATIONS
6.1 The Town has adopted the following vacation schedule:
a. Start through first year- five working days.
b. Second through fifth year- 16 working days.
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C. Sixth through 10th year- 19 working days.
d. 11 th through 15th year-22 working days.
e. 16th through 20th year-28 working days.
6.2 Members shall not be entitled to accumulate more than 50%of their unused vacation
from year to year. The balance of vacation leave may be accumulated as set forth above and
payment made upon reasonable notice in accordance with this Section.
Requests for payments in excess of$5,000 must be in writing and submitted to the Town
prior to September 1 of the year preceding the year in which payment is to be made,with the
exception of the last year of work prior to retirement when no notice is required.
Notwithstanding the above,however, an employee shall only be allowed to carry over a
maximum of eight unused vacation days in the following calendar year for purposes of additional
vacation only. An employee who has accumulated unused vacation days may apply only eight of
those days to the following year's schedule. Under no circumstances shall an employee be
entitled to actually take more vacation days than is provided for in Section 5.1 a.through 5.1 e.
above, with the exception that an employee may add an additional eight days from the previous
year. For example, an employee may not take more than 24 actual vacation days in his/her
second through fifth year, 27 in his/her sixth through 10th, 30 in his/her 11th through 15th and
35 in his/her 16th through 20th.
6.3 Employees who so desire may volunteer to work, if acceptable to the Department, during
their annual vacations. This work will be compensated at straight time,unless an employee
works in excess of eight hours. Volunteers may be assigned to any normal police duties.
6.4 An employee, if transferred not by choice from one squad to another, shall have the right
to maintain his/her previously selected vacation.
6.5 If any employee is on his/her first week of vacation and is outside the Town, and is
recalled from vacation to active duty, he/she shall be given credit for an additional five days'
vacation time. The employee shall also be paid for his/her necessary travel expenses incurred in
returning to active duty.
6.6 An employee on vacation may sign out on sick leave if sickness or injury occurs while on
vacation and he/she is confined to his/her residence or is hospitalized. Sickness is to be verified
by physician's certificate. Time of sickness or injury shall not be charged to vacation time of
employee, but shall be charged to sick leave.
6.7 Employees with more than one year of service in the Department shall be permitted to
divide their vacation time into a maximum of 10 one day segments,provided that the Chief of
Police, or his/her designee, receives sufficient notification to arrange for rescheduling of tours of
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duty. Vacation time, other than one day segments, shall be scheduled on the basis of seniority, in
the following manner:
a. First selection- on the basis of seniority within rank, all employees shall select
the time of their vacation.
b. Second selection-after all employees have made a first selection as provided in
paragraph a above, those employees who have elected to divide their vacation time shall make a
second selection based on seniority within rank.
C. Third selection-after making the second selection, as provided in paragraph b
above,'the employees with remaining vacation periods due them shall make a final selection of
time when the remainder of their vacation shall be taken, based on seniority within rank.
d. Two sergeants may take their vacation at the same time, provided that this is
approved by the Chief or officer in charge, and further provided that it does not result in
overtime being paid to other members of the Department.
e. One employee from each squad may be on vacation at the same time.
6.8 Between Memorial Day and Labor Day, an employee's total vacation picks may not
exceed seven days. This shall not in any way affect an employee's ability to request and take
single vacation days during this same period.
SECTION 7. LEAVE OF ABSENCE, SICK DAYS, CHILD CARE AND HOLIDAYS
7.1 Leave of absence without pay shall be granted to employees in accordance with the
provisions of Rule 18 of the Rules of Classified Civil Service of Suffolk County and the
provisions of Section 243 of the Military Law of the State of New York.
7.2 a. All employees shall be entitled to 15 sick days in each calendar year. Unused sick leave
may be accumulated up to a maximum of 300 days. Upon retirement, each employee shall be
entitled to be compensated for the value of 100%of the first 200 days of his/her accumulated
unused sick leave, or any portion thereof. Additionally, an employee shall be entitled to receive
payment for an additional 40 unused sick days beyond the 200 day maximum at the rate of one
day of pay for each two days of unused sick leave. For all employees hired on or after August 8,
2006, sick leave shall be earned at the rate of one day per completed calendar month of service,
to a maximum of 280 days. Unused sick leave shall be paid for the first 40 days and additional
payment shall be made at the rate of one day of each three accumulated over 40 up to a
maximum total payment of 120 days. The Town Board shall be the option to pay the same to the
employee, either in a lump sum payment at the time of the employee's retirement or in regular
payroll payments immediately prior to retirement.
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7.2 b. The Chief of Police, in the exercise of his/her discretion, may request a written
physician's certificate in all cases where an employee is absent by reason of illness, the cost
thereof to be paid by the Town.
7.2 c. When an employee, due to illness, fails to complete a tour of duty,the remaining amount
of time left in that tour shall be deducted from the employee's sick leave.
7.2 d. An employee may use up to five days"sick leave"per calendar year in the event that an
employee's spouse or immediate family living in the household cannot take care of him/herself
or take care of the children of the employee for which the employee has the responsibility of a
parent or guardian. To be entitled to leave, the employee must furnish proof of incapacitating
illness and of the employee's responsibility as a parent or guardian.
7.2 e. An employee may receive payment during the month of December for up to three unused
sick leave days if the employee submits a request in writing to the Town by on or before
November 15 of that year.
7.3 An employee shall be granted a leave of absence not exceeding two years without pay for
a child care leave attendant to either the birth of a child or the adoption of a child under the age
of five. The employee,upon the expiration of the period of leave of absence, shall be restored to
the same or comparable position of employment, if available. The Town shall continue the
employee's major medical/hospitalization benefits for a period of three months beyond normal
entitlements during the leave. Thereafter, at the option of the employee, the employee shall be
entitled to continue the benefits at the employee's own expense.
7.4 a. Each employee shall be entitled to receive equivalent time off or receive compensation in
lieu of the equivalent time off for the following holidays, whether or not the employee was
required to report for duty on these days: New Year's Day;Martin Luther King, Jr. Day;
Presidents' Day; Easter Sunday; Memorial Day; Independence Day; Labor Day; Columbus Day;
Election Day;Veteran's Day; Thanksgiving Day; Christmas Day.
7.4 b. Employees who actually work on a designated holiday shall receive four hours of
additional compensation for working that particular holiday.
7.5 For the purpose of implementing the provisions of Section 7.4, on January 1St of each
year, each employee will be credited with the total number of holidays to which he/she is entitled
for the ensuing year. On or before December 1St of each year, the Police Department shall
prepare and submit to the Supervisor a schedule indicating the total number of holidays that each
employee is entitled to for the year, the total number of holidays charged against each employee
for the year and the total number of holidays remaining due to the employee. On or before
December 15th of the year,the Town shall pay to each employee a sum equal to the number of
holidays remaining due to each employee. An employee who separates from service after he/she
received the benefits of this Section, and prior to a holiday for which he/she has been
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compensated, shall have deducted from his/her final payroll check an amount equivalent to the
compensation received for the holiday.
7.6 Employees shall be entitled to be absent from duty without pay at a time and for a
duration as the Chief of Police or officer in charge may in his/her discretion approve for the
purpose of attending business affairs.
7.7 a. Employees shall be entitled to five days' personal leave of absence with pay each year
starting on the employee's anniversary date for the purpose of attending to personal matters,
provided that the time of taking the leave shall be approved by the officer in charge.
7.7 b. If an employee submits his/her request for a personal day at least five days prior to that
day, no reason for the leave shall be required.
7.7 c. If the request is received fewer than five days prior to the requested day,the reason
justifying the need for the personal day shall be submitted. However,permission for a personal
leave day shall not be withheld if there are adequate personnel available to fulfill the staffing
needs of the Department.
7.8 An employee, on application of his/her commanding officer, shall be granted four
continuous days, including scheduled days off with full pay, in case of death in his/her
"immediate family,"which shall be defined as spouse, child, father, stepfather,mother,
stepmother, brother, sister, parent-in-law, son-in-law and daughter-in-law. An employee shall be
granted one working day off to attend the funeral of his/her grandparent,brother-in-law, sister-
in-law, foster parent, foster child, niece, nephew, uncle, aunt, half-brother or half-sister.
Grandparents and foster parents shall be included among those for whom four days' death leave
is allowable if it is necessary, if the employee attends the funeral and he/she has demonstrated to
the commanding officer that there has been a sufficiently close relationship that he/she would
normally be expected to need that amount of time away from work, including time for travel to
the funeral.
7.9 The PBA President shall be entitled to 25 paid leave days per year, in addition to the
various leave benefits provided for in this contract, for the purpose of attending PBA meetings,
conventions and other like commitments. Seven of these days may not be taken on the same day
as any other released time granted pursuant to this paragraph. If, for whatever reason,the
President is unable to attend these functions, he/she may delegate the Vice President or the
Secretary/Treasurer as the President's representative. The Suffolk County Police Conference
Director shall be entitled to three paid leave days per year to attend the various conference
functions. The Chief shall continue to have the right to deny a request for paid leave days due to
Departmental needs.
7.10 The PBA shall designate a maximum of two of its members, in advance,to attend any
formal negotiation session with the Town, or its representative. In the event any designated
member is scheduled to work on the calendar day of the schedule, negotiating session, the
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member shall be excused from his/her tour of duty for that calendar day, but shall be deemed to
be on duty for all other purposes. This shall in no way limit the actual number of representatives
attending and/or participating in any negotiating session, but shall only limit those being paid
during their attendance. For purposes of this section,the calendar day shall include the day
before a midnight tour or the day after the midnight tour.
7.11 a. The existing duty chart of three rotating tours of duty(i.e., 8:00 A.M.to 4:00 P.M.; 4:00
P.M. to 12:00 Midnight; and 12:00 Midnight to 8:00 A.M.) shall be continued. Members shall
have the right to choose two paid leave days ("RDO's")per cycle on a seniority basis within the
Southold Police Department. A cycle shall be defined as one complete set of three tour rotations.
The duty chart shall be 239 days per year. Employees appointed after January 30, 1996, for the
first two years of their employment only, shall work 260 days per year. The parties shall
continue their negotiations about the Town's proposals for a new duty chart(s), including the
hours of work. A committee shall be established for the purpose of doing so, composed of no
more than three representatives designated by the Town and three representatives designated by
the PBA. It is understood that criteria and other matters that are not terms and conditions of
employment shall not be subject to the jurisdiction of this committee within six months from
April 18, 2023.The committee's results are subject to bilateral,written agreement, ratification
and approval. Nothing contained in this paragraph, nor any action or inaction of the committee,
nor any statements made in committee meetings,will be subject to the grievance procedure or to
any PERB„court proceeding or other third party review.
7.11 b. At the discretion of the Chief of Police, a new patrol squad of full-time police officers
may be established to work two rotating tours (i.e., 8:00 A.M. to 4:00 P.M.;4:00 P.M.to 12
Midnight). The assignment of officers to this squad shall be as follows. Not fewer than one-half
of the squad members who volunteer for the assignment shall be assigned by seniority, provided
they meet or exceed the performance standards, and qualifications, set by the Chief. The
remaining assignments shall be made by the Chief, utilizing the same criteria. A member may be
removed from this assignment if deemed as not meeting either or both of these criteria. In this
event, the employee may request a review by a four member labor-management committee
consisting of the Chief of Police and his/her designee along with the PBA President and his/her
designee, which shall meet upon written request to monitor/discuss the matters pertaining to this
new squad. The Town and PBA may agree in writing at any time upon any additional terms and
conditions of a new patrol squad tour/shift established by the Chief pursuant to this paragraph.
7.12 The Town shall have the option of assigning personnel to a split shift in accordance with
this section. The split shift shall be of one continuous eight hour period spanning the late
evening to the early morning hours. Personnel for the split shift shall be reassigned from the 12
to 8 shift. An employee shall be notified and assigned to the split shift at least one week prior to
the commencement of the assignment. Assignment of personnel to the split shift shall at no time
create a below minimum staffing situation(three police officers and a sergeant)upon any shift.
Shortage of personnel for the 12 to 8 shift will be covered by the assignment of additional
personnel on overtime. Assignments to the split shift shall be by seniority on a rotating basis.
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Employees assigned to the split shift in the manner and as described herein shall not be entitled
to overtime pay or change of tour compensation otherwise payable.
7.13 Police Officers shall be permitted to switch tours of duty provided that it:
a. is approved in writing by the Chief or designee.
b. does not result in any increased costs to the Town.
C. does not disrupt normal police operations.
7.14 Insofar as its practicable, any change in relief officer scheduling will be done in writing
no less than 96 hours in advance of the change and insofar as is practicable, the relief officer
shall receive his/her work schedule not less than 10 days prior to the end of the previous month.
SECTION 8. RETIREMENT BENEFITS
8.1 The Town has made the provisions of Section 384-d of the Retirement and Social
Security Law(optional twenty year retirement plan),New York State Retirement Plan Section
375(1), Section 384 subdivision (f) and (g) of the Retirement and Social Security Law(1/60th
increased pension), Section 384 subdivision (e)of the Retirement and Social Security Law
("1/60th Bill", 1989 Session Laws Chapter 453), and Chapter 950 of the Laws of 1970 (twelve
(12)months' final average salary) applicable to the employees,and taken the appropriate action
to assume the additional cost thereof. Employees who are required by their Tier placement to
contribute towards their pension will be required to do so.
8.2 In order to be paid for unused accumulated sick leave,the employee must notify the
Chief of Police in writing of the employee's intention to retire on a particular date. This
notification must be no less than 45 days prior to the date of the adoption of the budget, but in no
event later than October 1St. The retiree shall receive the monies due under Section 7.2 a.,
provided that the required notice was given. If notice was not given,the payment will not be
lost, but shall become payable 30 days after the commencement of the fiscal year for which the
Town budgeted for the same or had the opportunity to do so. Time limits for notice may be
waived by the Town in its sole discretion. In the event of severe health or personal problems of
an employee,these requirements shall not apply. In the event of death,the notice requirements
shall not apply and the payment involved shall be made to the person or persons entitled thereto
as soon after death as is possible.
8.3 At the Chief's discretion, which shall not be unreasonably withheld,the Town agrees to
allow retiring employees to keep their issued service weapon at no cost to the employee.
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SECTION 9. SALARIES
9.1 All newly hired employees who have been certified by the Suffolk County Civil Service
Department or who may have previously been employed in another New York State Police
jurisdiction shall be placed at the first year salary step as set forth below, unless otherwise agreed
to by the parties hereto.
Police Officer- Salary Rates for Employees Hired
Before December 31, 2013
1/l/2022 1/l/2023 1/1/2024
$ 129,695 $ 132,289 $ 134,935
Police Officer-Salary Rates for Employees Hired
On or After December 31, 2013
The salary schedule for police officers hired on or after December 31, 2013 and before
May 22, 2018 will consist of the following equidistant steps:
Period of Service 1/1/2022 1/1/2023 1/1/2024
First Year $ 52,639 $ 53,692 $ 54,766
Second Year $ 65,482 $ 66,792 $ 68,128
Third Year $ 78,325 $ 79,891 $ 81,489
Fourth Year $ 91,168 $ 92,991 $ 94,851
Fifth Year $ 104,011 $ 106,090 $ 108,212
Sixth Year $ 116,854 $ 119,190 $ 121,574
Seventh Year $ 129,695 $ 132,289 $ 134,935
The salary schedule for police officers hired on or after May 22, 2018 will consist of
the following equidistant steps:
Period of Service 1/1/2022 1/1/2023 1/1/2024
First Year $ 52,639 $ 53,692 $ 54,766
Second Year $ 62,271 $ 63,517 $ 64,787
Third Year $ 71,903 $ 73,341 $ 74,808
Fourth Year $ 81,535 $ 83,166 $ 84,829
Fifth Year $ 91,167 $ 92,990 $ 94,850
Sixth Year $ 100,799 $ 102,815 $ 104,871
Seventh Year $ 110,431 $ 112,640 $ 114,892
Eighth Year $ 120,063 $ 122,465 $ 124,913
Ninth Year $ 129,695 $ 132,289 $ 134,935
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Sergeant and Lieutenant—Salary Rates
1/1/2022 1/1/2023 1/1/2024
Sergeant $ 152,514 $ 155,564 $ 158,675
Lieutenant $ 171,482 $ 174,912 $ 178,410
9.2 Detective Duty. Employees assigned to detective duty shall be paid additional salaries
during the period of their assignments, in the amounts set forth in this Section,which additional
salaries shall not, however, be included in the employee's salary for purposes of determining
longevity pursuant to Section 10.
a. During the term of this Agreement:
(i) The annual sum of$700 during the first year of the assignment. Effective
January 1, 2023,this will be increased to $1,984.
(ii) The annual sum of$1,200 during the second year of the assignment.
Effective January 1, 2023, this will be increased to $3,969.
(iii) The annual sum of$1,800 during the third year of the assignment.
Effective January 1,2023,this will be increased to $5,953.
(iv) An annual sum of$3,450 during the fourth and subsequent years of the
assignment. Effective January 1,2023,this will be increased to $7,937.
b. Detectives assigned to the detective division shall receive additional
compensation at the rate of 1.5 hours' straight time for every eight hours on call. If, during the
assigned period,the detective is called to duty, he/she shall forego compensation under this
Section and be compensated consistent with Section 13.1.
9.3 Tour Differential
a. A$4,400 per annum amount as a tour differential shall be granted each employee
who works three tours around the clock or a steady night tour.
b. A $2,735 per annum amount as a tour differential shall be granted each employee
who works two rotating tours of duty.
C. If an employee who is not normally scheduled to work three rotating tours of duty
should, over the course of the calendar year, work 20%of his/her tours between 12:00 A.M., and
8:00 A.M., the employee shall be entitled to full tour differential instead of partial differential.
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9.4 D.A.R.E. Stipend
A Police Officer assigned as the D.A.R.E. instructor shall receive a yearly stipend of$1,000.
This stipend is not available to detectives or superior officers.
9.5 Payroll Periods
Effective with the first payroll period in 2019, and notwithstanding any contrary practice, salary
will be paid biweekly based on the number of weekdays in a year divided by 10.
9.6 IRC § 401(a)
The PBA's proposal for an IRC Section 401(a) deferred compensation plan will be considered by
a labor-management committee composed of not more than three members selected by the Town
Board and not more than three members selected by the PBA. The Committee will meet within
30 calendar days of receipt of a written request by either party. Any decision made by this
committee will be binding upon the parties only when ratified via duly adopted resolution by the
Town Board. Criteria and other matters that are not terms and conditions of employment will not
be subject to the committee's jurisdiction. Nothing concerning the committee's jurisdiction,
discussions and results, or lack of same,will be subject to the contractual grievance and
arbitration procedures, PERB's improper practice, impasse or interest arbitration procedures, or
any other type of third party review.
SECTION 10. LONGEVITY PAY
10.1 All employees shall receive additional compensation based upon length of service as
follows:
a. Employees with at least 10 years but less than 15 years of service shall receive a
salary increase of 5%. Effective January 1, 2024, longevity pay will be increased to 5.37%.
b. Employees with at least 15 years but less than 18 years of service shall receive a
salary increase of 6%.Effective January 1, 2024, longevity pay will be increased to 6.37%.
C. Employees with 18 or more years of service shall receive a salary increase of 7%.
Effective January 1, 2024, longevity pay will be increased,to 7.37%.
d. This additional compensation shall commence on the first day of the month in
which an employee becomes eligible therefor.
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SECTION 11. COLLEGE CREDIT
11.1 Employees shall receive additional compensation based upon successful completion of
police science sources qualifying for credit toward an Associate Degree in police science in an
accredited college or university as follows:
a. An employee successfully completing 30 hours shall receive a salary increase of
I%of base salary.
b. An employee who has received an Associate Degree in Police Science shall
receive a salary increase of 2% of base salary.
C. An employee requesting additional compensation as provided in this Section shall
present to the Supervisor a letter or certificate executed by an official of the college or university
as proof of his/her eligibility therefor. Additional compensation shall commence on the first day
of the month after which the employee becomes eligible.
SECTION 12. HOSPITALIZATION
12.1 The Town agrees to make available to the employee the group health insurance plans
provided by the State of New York. The Town shall pay 100%of the premium applicable to
benefits afforded to both the employee and his/her dependents. Employees hired on or after
December 31, 2013 will contribute 15%toward the premium cost for individual or family health
insurance coverage, as applicable, including during their retirement. In the event of an
employee's death,the Town.will pay the present hospitalization for a period of one year or for
the remaining term of this contract,whichever is longer after the death, on behalf of the
deceased's family. 11
Each employee will be entitled to enter into an individual contract with the Town(and to
be prepared by the Town consistent with the provisions of this paragraph) immediately prior to
the effective date of the employee's retirement into the New York State Police &Fire Retirement
System guaranteeing, consistent with the then applicable New York State Health Insurance Plan
(NYSHIP)Rules and Regulations, that the Town's percentage contribution to the premium cost
of the employee's retiree health insurance benefit will be at the same percentage that was in
effect for the employee immediately prior to the effective date of the employee's retirement,
until Medicare becomes the employee's primary insurance coverage by operation of law.
12.2 Health Insurance Declination Bonus. Employees may opt out of the health insurance
program in whole or in part for a full year by completing the appropriate form furnished by the
Town. An employee opting out of the health insurance program in whole or in part shall be paid
50%of the premium savings, provided the employee maintains the employee's waiver(remains
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out) for a full year. Payments shall be subject to all usual payroll deductions and shall be made
on or about December 15 of each year.
An employee electing to waive coverage must do so by submitting to the Town
documentation showing that he/she has health insurance coverage other than through the New
York State Health Insurance Plan (NYSHIP) and by filing his/her form no later than November
30 in any year,with the provisions of this section taking effect on the next January 1. Effective
February 28, 2017,the phrase"other than through the New York State Health Insurance Plan
(NYSHIP)"will be deleted when and if NYSHIP Policy Memorandum 1226 is finally vacated
or set aside by the New York Court of Appeals or superseded by duly enacted New York State
legislation. Once a waiver form has been filed with the Town, the waiver shall continue to be in
effect from year to year thereafter until the employee elects to reenroll and the employee shall be
entitled to the applicable payment for waiver for each full year his or her waiver is in effect.
It is understood that, once an employee has waived coverage for a particular year, the
employee may not reinstate coverage for that year except in the event of a qualifying event as
defined by Internal Revenue Code Section'125. The employee must provide the Town with
adequate documentation establishing that a qualifying event occurred.
Reinstatement of coverage for the succeeding year may be made by notifying the Town
in writing no later than November 30 to be effective the succeeding fiscal year. This deadline
shall not apply to reinstatement of insurance due to a qualifying event as provided for in the
above paragraph,'but the reinstatement shall be subject to whatever requirements or deadlines are
imposed by the State health insurance program. If reinstatement occurs during a waived year
due to emergency, the employee will repay, prorata, any amount already forwarded to the
employee in return for the waiver, by payroll deduction.
SECTION 13. COMPENSATION FOR COURT ATTENDANCE AND OVERTIME WORK
13.1 In the event that an employee is required to be present in any court proceeding as a
witness during off-duty hours, or is called in to work during his/her normal time off,the
employee shall be compensated at the rate of 1'/z times the normal rate of salary or, at the option
of the employee, shall be given compensatory time off at the same rate. Employees, when
required to perform duty as provided in this Section shall receive a minimum of four hours'
compensation at their normal rate of salary. Proof of time spent for Court appearances shall be
certified to the Justice or Clerk of the Court and filed by the employee with the Supervisor.
13.2 When an employee is required to be on duty beyond his/her normal tour, he/she shall be
compensated at one and one-half times the normal rate of pay or compensatory time at the same
rate.
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13.3 Overtime worked between January 1 St and May 31 St shall be paid on June 15th. Overtime
worked between June 1St and November 15th shall be paid on December 1St. Any unpaid
overtime accrued from November 15th to December 31St shall be paid on January 15th
13.4 A request for payment for overtime is to be submitted as part of a timely submitted
biweekly time sheet and shall be paid as part of the next biweekly paycheck.
SECTION 14. DEATH OF EMPLOYEE
14.1 The Town agrees to continue to provide the death benefits provided by Section 208-b of
the General Municipal Law.
14.2 The Town agrees that any and all benefits to which an employee is entitled at the time of
his/her death shall be paid to his/her estate as soon as possible after his/her death.
SECTION 15. BENEFIT PLAN
15.1 Dental/Optical Insurance Benefits
The Town shall provide the Employees with the CSEA Package 7 Benefit Plan that is
provided for CSEA unit members,pursuant to the same terms, conditions, and contribution
levels, if any, as exist from time to time for those members.
15.2 AFLAC
The Town shall provide employees with voluntary payroll deduction options for the
Aflac Personal Cancer Plan Policy and the Aflac Personal Accident Expense Policy at no cost to
the Town. Prior to availing him/herself of an Aflac payroll deduction benefit,the employee must
execute an agreement,prepared by the Town, pursuant to which the employee shall agree to
indemnify and save and hold harmless the Town and any of its employees, representatives and/or
officers(collectively"employees") against any and all claims, demands, suits or other forms of
liability that may arise out of or by reason of any action taken or not taken by the Town or any of
its employees for the purppse of complying with this provision.
SECTION 16. EMPLOYER-EMPLOYEE RELATIONS AND GRIEVANCE PROCEDURE
16.1 The Town agrees to establish a committee to meet when necessary with a similar
committee to be established by the PBA for the purpose of dealing with employee grievance and
working conditions and other matters as affect the Department and its employees.
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16.2 Any non-disciplinary grievance arising out of the interpretation of this Agreement shall
be resolved by the following procedure.
Step 1:The employee shall, within 10 days of an occurrence that is alleged to have violated the
Agreement, or within 10 days of his/her discovering the occurrence, submit his/her grievance in
writing to the Chief of Police. The Chief of Police shall issue a written reply to the grievance
within 10 days of its receipt. The employee shall have the right to proceed to the next Step in the
event that a timely decision is not rendered.
Step 2:Within 10 days of receipt of the Chief s written reply or within 10 days of the date on
which the reply should have been issued,the employee may appeal to the Police Commissioner.
Failure to appeal on a timely basis shall be deemed to be a withdrawal of the grievance. The
Police Commissioner shall consider the grievance and issue a written reply within 10 working
days of receipt of the appeal.
Step 3:In the event that the PBA is not satisfied with the Step 2 decision, or in the event that a
Step 2 decision is not timely rendered,the PBA may submit the grievance to binding arbitration
by filing a request for same, on written notice to the Town Attorney's office,within 10 working
days. Failure to appeal on a timely basis shall be deemed to be a withdrawal of the grievance.
The arbitrator shall be selected by, and the hearing conducted pursuant to,PERB's arbitration
rules.
SECTION 17. DISCIPLINE AND BILL OF RIGHTS
17.1 The parties agree that they will comply with the applicable provisions of law with respect
to disciplinary matters involving the employees.
17.2 All members covered by this Agreement shall be entitled to the protection of what shall
be hereafter termed the"Bill of Rights."
a. All charges or actions taken against an employee covered by this Agreement that
may lead to disciplinary measures must be made in writing and signed by the Complainant.
b. The employer has established the following procedures to govern the conduct and
control of internal police investigations.
The wide ranging powers and duties given to the Town Police Department and its members
involve them in all manner of contacts and relationships with the public. Out of these contacts
come many questions concerning the actions of employees. These questions often require
immediate investigations by the employer or its designee,usually the Police Chief or other
superior officer. In an effort to ensure that these investigations are conducted in a manner which
is constructive to good order and discipline, the following procedures shall be followed:
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(1) The interrogation of an employee shall be at a reasonable hour, preferably when
the employee is on duty, unless the exigencies of the investigation mandate otherwise. Where
practicable, interrogations should be scheduled for the day time and the reassignment of the
employee to the day shift shall be employed. If overtime as herein above defined, is incurred by
reason of the interrogation,the employee shall be given overtime compensation as set forth in
this Agreement.
(2) The interrogation shall take place at a location designated by the investigating
officer. Usually it will be at the command to which the investigating officer is assigned or at
Police Headquarters.
(3) If an employee is directed to leave his post and report for interrogation to another
location, his/her immediate supervisor and the radio desk shall be promptly notified of his
whereabouts.
(4) The employee shall be informed of the rank,name and command of the officer in
charge of the investigations, as well as the rank, name and command of the interrogating officer
and of all persons present during the interrogation, and shall be advised of the right to an
adjournment in order to have counsel and/or Association representative present.
(5) The employee shall be informed of the nature of the investigation before any
interrogation commences, including the name of the complainant. The address of the
complainant and/or witness need not be disclosed; however, sufficient information to reasonable
apprise the employee of the allegations shall be provided.
t
(6) The questioning shall not be overly long. Reasonable respites shall be allowed.
Time shall also be provided for personal necessities,meals,telephone calls and rest periods, as
are reasonably necessary.
(7) The employee shall not be subjected to any offensive language,nor-be threatened
with transfer, dismissal or other disciplinary punishment. No promises or reward shall be made
as an inducement to answering questions.
(8) The complete interrogation of the employee shall be recorded mechanically or by
a stenographer. All recesses called during the questioning shall be recorded. The employee or
his/her counsel shall be entitled to a copy of the tape recording and/or a transcript of the
stenographic record within a reasonable time after the interrogation.
(9) The law imposes no obligation, legal or otherwise, on the Department to provide an
opportunity for an employee to consult with counsel or anyone else when questioned by a
Superior Officer or employer about his/her employment or matter relevant to his/her continuing
fitness for police service. Nevertheless, in the interest of maintaining the usually high morale of
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the Police Department,the employer shall advise the employee and afford an opportunity for the
employee, if he/she so desires,to consult with counsel and/or with a representative of the
Association before being,questioned concerning a serious violation of law or the Rules and
Procedures, provided the interrogation is not unduly delayed. However, in those cases, the
interrogation may not be postponed for purposes of consultation past 10:00 A.M. of the day
following the notification of interrogation. The employee shall have the right to have counsel
and/or an Association representative present to assist during the interrogation.
SECTION 18. PERSONNEL RECORDS
18.1 Any employee shall be entitled to examine his/her personnel file upon making request
therefor to the Chief of Police, or other officer in charge, in his/her absence.
18.2 Upon request, any employee shall be furnished with a copy of any non-confidential
material in his/her personnel file.
18.3 Only one employee personnel file shall be maintained that shall contain all material
with respect to the employee.
18.4 'No material derogatory to an employee, his/her conduct, character or service shall be
placed in his/her personnel file unless he/she has been given an opportunity to examine it and
affix his/her signature thereon,which signature shall indicate that the employee has examined it
and shall not be deemed to indicate that the employee in any way consents or agrees with the
contents. The employee may place in the personnel file a written answer to any derogatory
material in the file within 10 working days after receiving notification of the proposed inclusion
of the material in the file.
18.5 If an employee is the subject of charges and specifications by an administrative hearing
or a Court of competent jurisdiction,the only documents to be placed in the employee's
personnel file shall be the charges and specifications,the hearing record and related evidence and
the final adjudication thereof. Upon the consent of the employee, the PBA, upon request, should
be advised of the status, progress and outcome of this matter.
SECTION 19. AMENDMENTS
19.1 Any changes or amendments to this Agreement shall not become effective unless the
same are in writing signed by the parties and ratified by a duly adopted Town Board resolution.
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SECTION 20.NO STRIKE PLEDGE
20.1 The PBA does hereby affirm that it does not assert the right to strike against any
Government nor to assist or participate in any strike, or to impose any obligation,to conduct,
assist or participate in a strike.
SECTION 21. UNIFORM CLEANING AND UNIFORM EQUIPMENT ALLOWANCE
21.1 The Town agrees to pay the entire cost of dry cleaning of all wearing apparel in
connection with the police uniforms except washable items. The Town shall select an
appropriate dry cleaning service. The employee shall use the cleaning service selected by the
Town.
21.2 Employees assigned for uniformed duties shall have available the annual sum of$700
as a uniform and equipment allowance.
21.3 Employees assigned to a non-uniformed duties shall have available the annual sum of
$1,000 as a clothing and equipment allowance.
21.4 Any unused allowance as outlined above will be credited to next year's clothing
allowance, but may not be accumulated beyond the subsequent year.
21.5 Dive Team Uniform and Equipment Allowance. Not more than five employees
designated by the Chief as members of the Dive Team and who are certified divers shall receive
the annual sum of$600,to be prorated by complete months assigned during the year, as a stipend
to be paid in December.
SECTION 22. LEGISLATIVE APPROVAL
22.1 IT IS AGREED BY AND BETWEEN THE PARTIES THAT ANY PROVISION OF
THIS AGREEMENT REQUIRING LEGISLATIVE ACTION TO PERMIT ITS
IMPLEMENTATION BY AMENDMENT OF LAW OR BY PROVIDING THE
ADDITIONAL FUND THEREFOR, SHALL NOT BECOME EFFECTIVE UNTIL THE
APPROPRIATE LEGISLATIVE BODY HAS GIVEN APPROVAL.
SECTION 23. APPORTIONMENT OF BENEFITS
23.1 In the event that the employment of an employee is terminated by reason of retirement,
resignation or other cause, all benefits provided herein shall be prorated up to the date of
termination.
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SECTION 24. ADDITIONAL COMPENSATION
24.1 In the event an employee is entitled to additional compensation for Court attendance,
overtime work or other purposes,the rate of compensation shall be based upon 239 days or 260
days,whichever number of days per year the employee is assigned in accordance with Section
7.11(a).
SECTION 25. STAFF MEETINGS
25.1 The employees agree that the Chief of Police shall have the right to schedule not more
than three,with no more than one meeting per trimester, staff meetings of the employees with the
rank of sergeant and above in each calendar year for periods not to exceed three hours each, for
which no compensation shall be paid to the employees, at which meetings police matters may be
considered.
SECTION 26. ETHICS DISCLOSURE
26.1 The Lieutenant and Administrative Officer must comply with the disclosure
requirements set forth in the Town of Southold Ethics Law.
SECTION 27. CANINE UNIT
27.1 In the event that the Town creates a canine unit,the PBA shall have the right to make a
timely request that the Town engage in impact negotiations regarding the terms and conditions of
employment for employees assigned to that unit.
27.2 An employee assigned to the Canine Unit who has the responsibility of caring for a dog
shall be compensated for work done off-duty for the care and maintenance of the dog at a
prorated amount of$7,012 per year. This stipend shall be increased by the same percentage
increases as base raises in 2005, 2006 and 2007.
SECTION 28. TERM OF AGREEMENT
28.1 The term of this Agreement shall be three years, to become effective January 1, 2022
and terminate on December 31, 2024.
SECTION 29. CIVIL SERVICE LAW SECTIONS 71 AND 73 PROCEDURE
Effective April 18, 2023, the attached procedure will be implemented. (See Appendix
A.)
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IN WITNESS WHEREOF,the parties hereto have set their hands and seals this
day of 2023.
SOUTHOLD TOWN POLICE TOWN OF SOUTHOLD
BENEVOLENT ASSOCIATION,INC.
resident G upervisor
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APPENDIX"A"
CIVIL SERVICE LAW SECTIONS 71/73 PROCEDURE
1. This procedure will be effective on April 18, 2023.
2. By no later than 20 calendar days following an employee's absence as a result of
a disability resulting from occupational injury or disease as defined in the New York Workers'
Compensation Law,the Town will, using the form attached hereto as Exhibit"A,"notify the
employee that the employee may be separated from service pursuant to Civil Service Law§ 71.
The notice will be sent by regular mail and certified mail,return receipt requested,to the
employee's home address on file with the Town.
3. By no later than 20 calendar days following an employee's absence as a result of
a disability, other than a disability resulting from occupational injury or disease as defined in the
New York Workers' Compensation Law,the Town will,using the form attached hereto as
Exhibit`B,"notify the employee that the employee may be separated from service pursuant to
Civil Service Law § 73. The notice will be sent by regular mail and certified mail, return receipt
requested,to the employee's home address on file with the Town.
4. Following the issuance of the notice described in paragraphs"1"and"2,"and
retroactive to the first day of the employee's absence, the employee will be deemed to be on an
unpaid Section 71 or 73 leave of absence. An employee may use his/her accrued leave time
during the absence, in the following order: (1) sick leave; (2)vacation leave; (3)personal leave;
(4)other.
5. By no later than 30 calendar days prior to the expiration of the employee's
Section 71 leave of absence,the Town will, using the form attached hereto as Exhibit"C,"
remind the employee that the employee may be separated from service pursuant to Civil Service
Law § 71. The notice will be sent by regular mail and certified mail, return receipt requested,to
the employee's home address on file with the Town.
6. By no later than 30 calendar days prior to the expiration of the employee's
Section 73 leave of absence, the Town will,using the form attached hereto as Exhibit"D,"
remind the employee that he/she may be separated from service pursuant to Civil Service Law§
73. This notice will be sent by regular mail and certified mail,return receipt requested, to the
employee's home address on file with the Town.
7. If the employee does not challenge the proposed termination or the challenge is
unsuccessful,the employee's employment will be terminated effective on the date designated by
the Town. If the employee successfully challenges the proposed termination,then the Town will,
using the form attached hereto as Exhibit"C" or"D,"notify the employee of the new proposed
termination date.
8. The Town retains the right to make non-substantive changes to the Exhibits"A"—
"D" following notice to Association.
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9. In the event that an employee with then current General Municipal Law Section
207-c status is separated pursuant to Civil Service Law Section 71,the employee will retain the
employee's General Municipal Law § 207-c status, except as set forth in this procedure, for-as
long as same is required pursuant to General Municipal Law § 207-c and the applicable case law
interpreting it.
10. In the event that an employee with then current General Municipal Law Section
207-c status is separated pursuant to Civil Service Law Section 71, and has not received an
ordinary or disability retirement pension,the employee will thereafter make him/herself
available, pursuant to the Town/PBA collective bargaining agreement("CBA") Section 4 for the
purpose of being examined by a Town-appointed physician to determine the employee's ability
to perform full duty,without restriction, as a Town police officer.
11. In the event that an employee with then current General Municipal Law Section
207-c status is separated pursuant to Civil Service Law Section 71, and has not received an
ordinary or disability retirement pension, and is at any time thereafter determined by a Town -
appointed physician to be able to return to full duty,without restriction, as a Town police officer,
the employee will be immediately thereafter notified, pursuant to the procedure set forth in CBA
Section 4(IV)that the employee's General Municipal Law § 207-c status will be deemed
terminated as of a date selected by the Town following the notification. The employee will then,
if the employee so chooses, be permitted to appeal that determination, pursuant to the procedure
set forth in CBA Section 4(IV), and any related provision of Section 4 that is referenced therein.
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EXHIBIT A
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[ON SUPERVISOR'S LETTERHEAD]
c
(INSERT DATE)
BY FIRST CLASS AND CERTIFIED MAIL
RETURN RECEIPT REQUESTED
(INSERT NAME)
(INSERT ADDRESS)
Dear
As you are aware, you have been absent from work due to a work-related ,
(INSERT"illness" or"injury") as defined in the Workers' Compensation Law;
i.e., (INSERT GENERAL DESCRIPTION OF ILLNESS/INJURY) since
(INSERT DATE) and through today. Pursuant to New York Civil Service Law
Section 71,you are entitled to up to a one cumulative work year's (CHANGE TO TWO YEARS
IF ILLNESS/INJURY RESULTED FROM ASSAULT SUSTAINED IN THE COURSE OF
EMPLOYMENT) leave of absence due to this (INSERT"illness"or"injury").
After that time, however, this law grants the Town the right to terminate your employment.
You are hereby notified that your employment with the Town may be terminated
following one cumulative year's(CHANGE TO TWO YEARS IF ILLNESS/INJURY
RESULTED FROM ASSAULT SUSTAINED IN THE COURSE OF EMPLOYMENT) absence
resulting from this (INSERT"illness" or"injury") if you do not return to work
before that time because you will have been absent by that date in excess of one cumulative work
year as a result of your (INSERT"illness"or"injury").
You are advised that, if you are terminated,you may have an opportunity to be
reemployed by the Town. Civil Service Law Section 71 provides that,within one year after you
recover from your (INSERT"illness" or`.`injury"), you may apply to the Town
of Suffolk County Civil Service Commission for a medical examination to be conducted by a
medical officer selected by that Commission. If the medical officer certifies that you are
physically and mentally fit to perform the duties of a . (INSERT CIVIL
SERVICE JOB TITLE),then you will be reinstated if there is a vacancy available as a
(INSERT CIVIL SERVICE JOB TITLE) at that time, or to a vacancy in a
similar position, or to a vacancy in a position in a lower grade in the same occupation.If no
vacancy exists at that time,you will be placed on a preferred eligible list for a position as a
(INSERT CIVIL SERVICE JOB TITLE), and will remain on that list for a
period of four years.
Finally, I strongly recommend that you review the Town/PBA collective negotiations
agreement, and consult with your Union and attorney,to determine if there are any other legal
rights to which you may be entitled.
If you have any questions about this letter, please direct them to me.
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Sincerely,
cc: PBA Unit President
Police Chief
Town Attorney
Accounting
Labor Counsel
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EXHIBIT B
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[ON SUPERVISOR'S LETTERHEAD]
(INSERT DATE)
BY FIRST CLASS AND CERTIFIED MAIL
RETURN RECEIPT REQUESTED
[INSERT NAME]
[INSERT ADDRESS]
Dear
As you are aware,you have been absent from work due to a non-work-related
(INSERT"illness"or"injury"); i.e., (INSERT GENERAL
DESCRIPTION OF ILLNESS/INJURY) since (INSERT DATE). Pursuant to
New York State Civil Service Law Section 73, you are entitled to up to a one consecutive year's,
leave of absence; i.e., 365 days), due to this (INSERT"illness" or"injury").
After that time,however, this law grants the Town the right to terminate your employment.
You are hereby notified that your employment may be terminated as of
(INSERT DATE) if you do not return to work before that time, because you will have been
absent by that date in excess of one consecutive year as a result of your
(INSERT"illness"or"injury").
You are advised that, if you are terminated,you may have an opportunity to be
reemployed by the Town. Civil Service Law Section 73 provides that,within one year after you
recover from your (INSERT"illness"or"injury"),you may apply to the Suffolk
County Civil Service Commission for a medical examination to be conducted by a medical
officer selected by that Commission. If the medical officer certifies that you are physically and
mentally fit to perform the duties of (INSERT CIVIL SERVICE TITLE),then you
will be reinstated if there is a vacancy available as a (INSERT CIVIL SERVICE
TITLE)at that time, or to a vacancy in a similar position, or to a vacancy in a position in a lower
grade in the same occupation. If no vacancy exists at that time,you will be placed on a preferred
eligible list for a position as a (INSERT CIVIL SERVICE TITLE), and will
remain on that list for a period of four years.
Finally, I strongly recommend that you review the Town/PBA collective negotiations
agreement, and consult with your Union and attorney,to determine if there are any other legal
rights to which you may be entitled.
If you have any questions about this letter,please direct them to me.
Sincerely,
33
6/15/23
cc: PBA Unit President
Police Chief
Town Attorney
Accounting
Labor Counsel
34
6/15/23
EXHIBIT C
35
6/15/23
[ON SUPERVISOR'S LETTERHEAD]
(INSERT DATE)
BY FIRST CLASS AND CERTIFIED MAIL
RETURN RECEIPT REQUESTED
(INSERT NAME)
(INSERT ADDRESS)
Dear
As you are aware,you have been absent from work due to a work-related
(INSERT"illness"or"injury") as defined in the Workers' Compensation Law;
i.e., (INSERT GENERAL DESCRIPTION OF ILLNESS/INJURY) since
(INSERT DATE).Pursuant to New York State Civil Service Law Section 71,
the Town has the right to terminate your employment when you have been cumulatively absent
from work for more than one work year(CHANGE TO TWO YEARS IF ILLNESS/INJURY
RESULTED FROM ASSAULT SUSTAINED IN THE COURSE OF EMPLOYMENT) due to
your (INSERT"illness" or"injury").
You are hereby notified that your employment may be terminated as of
(INSERT DATE;LETTER TO BE SENT NO LATER THAN 30 CALENDAR DAYS
BEFORE LEAVE EXPIRES). The bases for the decision are (INSERT BASES
FOR DETERMINING THAT EMPLOYEE HAS BEEN ABSENT FOR WORK-RELATED
ILLNESS; I.E., DOCTORS' REPORTS,NOTES; ETC.)
If you dispute the fact that you have been absent from work due to an
(INSERT"illness" or"injury") as defined by the Workers' Compensation Law, or the dates on
which you have been absent from work due to that (INSERT"illness"or
"injury"), or the fact that you have been cumulatively absent because of that
(INSERT"illness" or"injury") for more than one work year(CHANGE TO TWO YEARS IF
ILLNESS/INJURY RESULTED FROM ASSAULT SUSTAINED IN THE COURSE OF
EMPLOYMENT),you have the right to challenge my understanding of those facts. If you wish
to contest my preliminary decision to terminate your employment on these or any other bases
appropriate pursuant to Civil Service Law Section 71, you must follow the procedure set forth in
the Town/PBA collective negotiations agreement.
If do not timely challenge your proposed termination, then I will accordingly act
to terminate your employment. You will then have the right to request a post-termination hearing
to contest the decision.
You should also be advised that you may have an opportunity to be reemployed by the
Town. Civil Service Law Section 71 provides that, within one year after the termination of your
(INSERT"illness"or"injury"), you may apply to the Suffolk County Civil
Service Commission for a medical examination by a medical officer selected by the
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6/15/23
Commission. If the medical officer certifies that you are physically and mentally fit to perform
the duties of a (INSERT CIVIL SERVICE TITLE), then you will be reinstated if
there is a vacancy available as a (INSERT CIVIL SERVICE TITLE) at that time,
or to a vacancy in a position in a lower grade in the same occupation. If no vacancy exists at that
time,you will be placed on a preferred eligible list for a position as a (INSERT
CIVIL SERVICE TITLE)and will remain on the list for a period of four years.
Finally, I strongly recommend that you review the Town/PBA collective negotiations
agreement, and consult with your Union and attorney, to determine if there are any other legal
rights to which you may be entitled.
If you have any questions about this letter, please direct them to me.
Sincerely,
cc: PBA Unit President
Police Chief
Town Attorney
Accounting
Labor Counsel
37
6/15/23
EXHIBIT D
38
6/15/23
[ON SUPERVISOR'S LETTERHEAD]
(INSERT DATE)
BY FIRST CLASS AND CERTIFIED MAIL
RETURN RECEIPT REQUESTED
(INSERT NAME)
(INSERT ADDRESS)
Dear
As you are aware,you have been absent from work due to a non-work-related
(INSERT"illness"or"injury"); i.e., (INSERT GENERAL
DESCRIPTION OF ILLNESS/INJURY) since (INSERT DATE).Pursuant to
New York State Civil Service Law Section 73,the Town has the right to terminate your
employment when you have been consecutively absent from work for more than one work year
due to a non-work-related illness or injury. You are hereby notified that your employment may
be terminated as of (INSERT DATE; LETTER TO BE SENT NO LATER
THAN 30 CALENDAR DAYS BEFORE LEAVE EXPIRES).
The bases for the decision are(INSERT BASES FOR DETERMINING THAT
EMPLOYEE HAS BEEN ABSENT FOR NON-WORK RELATED ILLNESS; I.E.,
DOCTORS' REPORTS,NOTES; ETC.)
If you dispute the fact that you have been absent from work because of a non-work
related (INSERT"illness" or"injury"), or the dates on which you have been
absent from work due to that (INSERT"illness" or"injury"), or the fact that
you have been consecutively absent because of that (INSERT"illness" or
"injury") for more than one consecutive work year,you have the right to challenge my
understanding of those facts. If you wish to contest my preliminary decision to terminate your
employment on these or any other bases appropriate pursuant to Civil Service Law Section 73,
you must follow the procedure set forth in the Town/PBA collective negotiations agreement.
If you do not timely challenge your proposed termination,then I will accordingly act to
terminate your employment. You will then have the right to request a post-termination hearing to
contest the decision.
You should also be advised that you may have an opportunity to be reemployed by the
Town. Civil Service Law Section 73 provides that, within one year after the termination of your
(INSERT"illness" or"injury"),you may apply to the Suffolk County Civil
Service Commission for a medical examination by a medical officer selected by that
Commission. If the medical officer certifies that you are physically and mentally fit to perform
the duties of a (INSERT CIVIL SERVICE TITLE),you will be reinstated if there
is a vacancy available as a (INSERT CIVIL SERVICE TITLE) at that time, or to a
vacancy in a position in a lower grade in the same occupation. If no vacancy exists at that time,
39
6/15/23
you will be placed on a preferred eligible list for a position.as a (INSERT CIVIL
SERVICE TITLE) and will remain on the list for a period of four years.
Finally, I strongly recommend that you review the Town/PBA collective negotiations
agreement, and consult with your Union and attorney,to determine if there are any other legal
rights to which you may be entitled.
If you have any questions about this letter, please direct them to me.
Sincerely,
cc: PBA Unit President
Police Chief
Town Attorney
Accounting
Labor Counsel
40
RESOLUTION 2023-381
ADOPTED DOC ID: 19082
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2023-381 WAS
ADOPTED AT THE SPECIAL MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 18,2023:
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the
Stipulation of Agreement dated March 8, 2023 between the Town of Southold and the Southold
Town Police Benevolent Association and hereby authorizes Supervisor Scott A. Russell to
execute same on behalf of the Town of Southold.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jill Doherty, Councilwoman
SECONDER:Greg Doroski, Councilman
AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell
RECEIVED
o�oSUFFo���®G JUN = 6 202J
Caa
�o� • � tai fseId Tdwli Elerk
Office of the Town Attorney
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
MEMORANDUM
To: Denis Noncarrow, Town Clerk
From: Missy Mirabelli
Secretary to the Town Attorney
Date: June 6, 2023
Subject: Agreement between Town of Southold and PBA
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.
/mm
Enclosures
Cc: PBA
5/3/23
AGREEMENT
BETWEEN
THE TOWN OF SOUTHOLD
AND THE SOUTHOLD TOWN
POLICE BENEVOLENT ASSOCIATION
JANUARY 1, 2022 -DECEMBER 31, 2024
5/3/23
TABLE OF CONTENTS
SUBJECT SECTION PAGE
Additional Compensation 24 24
Amendments 19 23
Apportionment of Benefits 23 24
Benefit Plan 15 20
Canine Unit 27 25
College Credit 11 17
Compensation for Court Attendance and Overtime Work 13 19
Death of Employee 14 19
Discipline and Bill of Rights 17 21
Employer-Employee Relations and Grievance Procedure 16 20
Ethics Disclosure 26 25
General Municipal Law Section 207-c 4 3
Hospitalization 12 17
Leave of Absence, Sick Days, Child Care and Holidays 7 10
Legislative Approval 22 24
Longevity Pay 10 17
Management Rights 2 1
No Strike Pledge 20 23
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SUBJECT SECTION PAGE
Notice of Promotions 5 7
Personnel Records 18 23
Protection of Employees 3 2
Recognition 1 1
Retirement Benefits 8 13
Salaries 9 14
Staff Meetings 25 24
Term of Agreement 28 25
Uniform Cleaning 21 23
Vacations 6 8
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THIS AGREEMENT made this 18th day of April 2023, by and between the TOWN OF
SOUTHOLD, a municipal corporation ofthe State of New York("the Town") and the
SOUTHOLD TOWN POLICE BENEVOLENT ASSOCIATION, INC., a membership
corporation of the State of New York("the PBA" or"Association").
WITNESETH:
WHEREAS, Article 14 of the Civil Service Law provides that public employees shall
have the right to be represented by employee organizations to negotiate collectively with their
public employer in the determination of their terms and conditions of employment, and to'enter
into written agreements with respect thereto; and
WHEREAS, the PBA has been certified as the employee organization, as a result of an
election,to represent all uniformed members of the Town Police Department, including all
police officers, sergeants, lieutenants and detectives, excluding the Chief of Police and the
Captain, and all other employees, hereinafter referred to as"employees;"
NOW, THEREFORE, the parties hereby agree as follows:
SECTION 1. RECOGNITION
1.1 The Town does hereby recognize the PBA as the exclusive employee organization to
represent the employees and extends to the PBA the following rights:
a. to represent the employees in negotiations and in the settlement of grievances; and
b. to membership dues deduction, upon presentation of dues deduction authorization cards
signed by individual employees.
SECTION 2. MANAGEMENT RIGHTS
2.1 Not contrary or inconsistent with the terms of this Agreement or Civil Service Law,the
Town reserves the right to determine the standards of law enforcement and related services to be
offered by its Police Department;to set the standards of selection for employment;to direct its
employees; to regulate work schedules;to take disciplinary action;to abolish positions;to
maintain the efficiency of governmental operations;to determine the content of job
classifications subject to Civil Service Commission approval; to take all necessary actions to
carry out its mission in emergencies; and to exercise control and direction over its organization
and technology of performing its work.
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SECTION 3. PROTECTION OF EMPLOYEES
3.1 Seniority
a. Seniority shall be determined on the basis of continuous employment in the Southold
Town Police Department. Additionally, an employee who has been transferred from another
Police Department within Suffolk County to the Department shall receive credit for purposes of
seniority for continuous time served in other police departments in Suffolk County.
b. Seniority is determined: first,by rank; second, by continuous service in rank;third,by
date of appointment to previous rank or ranks; fourth, by the date of appointment to Department
(any employee who has been transferred from another police force within Suffolk County shall,
for the purpose of determining seniority, be credited with that prior service); fifth, by highest
score on the civil service list from which appointments were made at the time of the initial
appointment examination; sixth, by age (older employee is senior); and seventh, alphabetically
by surname.
3.2 Legal Services
The Town shall provide legal services to an employee against whom an action or
proceeding has been commenced involving any matter occurring within the scope of his/her
employment as an officer or employee of the Town.
3.3 Seasonal Police Officers
a. The Chief of Police, or his/her designee, shall have the right to deploy "Certified
Seasonal Police Officers"who are actually on duty to perform functions (other than actual sector
assignments)that are deemed necessary by the Chief of Police or his/her designee.
b. Notwithstanding the above, Seasonal Police Officers may be used for all other
assignments, including sector assignments,when the full-time compliment of Police Officers is
depleted due to court appearances,medical absence or vacations, or in emergency conditions
when the full-time compliment of Police Officers is insufficient to insure adequate protection of
life and property.
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SECTION 4. GENERAL MUNICIPAL LAW SECTION 207-c
This procedure is intended to regulate the application for, and the award and/or
termination of, benefits under Section 207-c of the General Municipal Law("GML 207-c"). It
shall operate as a waiver of any other procedural rights the Town or the Association and/or its
employees may have pursuant to GML 207-c regarding the application for, and the award and/or
termination of, benefits under GML 207-c, including the right to utilize any other forum to seek
redress regarding the subject matter set forth herein. Nothing contained herein,though, should
be construed as limiting the power of a party to challenge a decision, as provided herein,
pursuant to C.P.L.R.Article 75. Any future changes enacted by the State in the provisions of
GML 207-c that conflict with an explicit provision of this procedure shall supersede the
preexisting provision of this procedure.
.I. APPLICATION FOR BENEFITS
1. Employees shall,within 48 hours of the occurrence, or within 48 hours of when the
employee should reasonably have known of the occurrence, report to the Chief or senior ranking
officer on duty any injury or sickness("injury")to themselves,no matter how slight. The
notification("application") shall be made on the Department's existing employee injury report
form.
2. An application shall be deemed"untimely"unless it is filed on a timely basis in
accordance with this procedure. Except as set forth in the next sentence, an employee's failure to
comply with these reporting obligations shall result in the denial of an application for benefits
under this procedure. In the event these requirements cannot be met due to (i)the employee's
physical or mental incapacity; (ii) an unforeseeable emergency; or(iii) any other situation that
the Chief, in his/her sole discretion, finds acceptable, these requirements shall be met within 96
hours of the employee's ability to do so, or other time as is set by the Chief in his/her sole
discretion. In these circumstances,the Association or a member of the employee's immediate
family may file the application on the employee's behalf, provided same is accomplished on a
timely basis.
3. In addition, an injury report shall be completed by the Chief or highest ranking officer
on duty and filed in the Chief's Office by the end of the next regular business day following the
occurrence.
II. INITIAL APPLICATION FOR GML 207-c BENEFITS
1. The Chief or designee("the Chief') shall have exclusive authority to initially
determine the employee's eligibility for benefits under GML 207-c. The Chief shall have the
authority to conduct a full investigation of the facts concerning the application.
2. After filing the application, the employee shall submit to one or more medical
examinations or inspections ("examinations") as provided by law. The employee shall cooperate
fully with the designated physician. This shall include, but not be limited to,promptly
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forwarding to the Chief and the Town Attorney's Office and designated physician all reports,
data, records and other information related to the employee's injury. Failure to cooperate may
result in information being disregarded or excluded by the Town or the arbitrator.
3. The employee shall, along with the application for GML 207-c benefits complete, sign
and submit to the Town any medical release forms requested by the Town, utilizing the existing
Department form.
4. The Employee shall fully cooperate with the Town's designated physician. This shall
include, but not be limited to, forwarding to the Town's designated physician all reports, data,
records and other information related to the employee's injury.
5. Any reports submitted by either the Town's designated or the employee's doctor/other
health care provider("health care provider(s)") shall include the following information: (a)the
exact date(s)that the health care provider examined the employee regarding the injury; (b) an
explanation of what the examination consisted; (c)diagnosis; (d)causation, and the basis for that
belief;€treatment modalities; (f)what duties, if any,the employee cannot perform, and for how
long; and(g)whether any or all of the duties the employee cannot perform could be performed
with an accommodation(s) and, if so, what the accommodation(s) is (are). The failure to provide
information as specified in this paragraph may result in the health provider's report being
disregarded or excluded by the Town or the arbitrator.
6. The Town shall render a written decision on the application for benefits within 60
calendar days after receipt of the application. A copy of the decision will be mailed to the
employee by regular and certified mail, return receipt requested, at the address specified in the
application. A copy shall also be delivered to the Accounting and Town Attorney's Offices. The
failure to issue a decision in accordance with this time limit shall result in the employee being
placed on GML 207-c status.
7. While a final decision as set forth in this GML 207-c procedure is pending,time off
alleged to be attributable to the injury giving rise to the claim for GML 207-c benefits shall be
charged based on the Department's initial determination. Regardless of whether the employee is
in a paid (utilizing his/her accrued time) leave or no-pay status,the only benefit the employee
shall receive during the pendency of the process is holiday compensation.
8. If the decision is that the employee is eligible for GML 207-c benefits,then the
employee shall be so categorized and any time off taken due to the injury or sickness shall be
charged to GML 207-c leave, subject to the provisions of Section V below. The employee's
GML 207-c benefits shall continue as long as the employee remains eligible.
9. In the event the employee is not satisfied with the Town's decision and wishes to
appeal it, the Town's and the employee's physician will agree upon a neutral third party
physician who shall promptly examine the employee and render a report as required in¶5. That
report shall be promptly forwarded to the employee, Accounting and Town Attorney's Offices
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for their review. It shall be admissible in evidence,although not given preclusive effect, at any
subsequent stage of this procedure.
10. In the event that the neutral third party physician's report does not satisfactorily
resolve the parties' dispute because that the employee is not satisfied with the Town's decision
and wishes to appeal it, the employee shall file with the Town within five calendar days of
receipt of the decision a written demand for arbitration on the GML 207-c claim. The employee
shall be deemed to have forfeited GML Section 207-c benefits if the employee fails to do so in a
timely manner. The parties to the arbitration shall be the Town and the employee. There shall
be a single arbitrator("the arbitrator"),who shall be selected in accordance with New York State
PERB's Labor Arbitration Rules. All costs billed by the Arbitrator shall be borne equally by the
Town and the employee. All other costs shall be paid by the party incurring them; e.g.,
witnesses, exhibits,transcripts; etc.
11. The Arbitrator shall have the authority to decide,whether the Town's denial of
the claim of entitlement to GML 207-c benefits was arbitrary and capricious. He or she shall
have authority to consider and decide all allegations and defenses made with regard to the GML
207-c claim. In the event of a dispute between the parties as to the nature of the proceeding,the
Arbitrator shall first decide whether the proceeding represents an issue of an applicant's initial
entitlement to GML 207-c benefits or whether the proceeding presents a different issue that
should be decided in a different proceeding, as outlined below. The burdens of production, and
proof by a preponderance of the evidence, shall be upon the employee, except for hearings
involving Section IV, where the burdens of production and proof shall be upon the Town.
12. The Arbitrator shall have no right to amend, modify, nullify, ignore, add to, or
subtract from the provisions of this procedure,the Collective Bargaining Agreement and the
rules. The Arbitrator shall have no authority to make a decision on any issue not submitted or
raised by the parties. Should the Arbitrator find in favor of the employee,then all leave
entitlements utilized from his/her accrued leave bank shall be restored. This shall also include
holiday and night shift differential if the employee is eligible to receive same.
13. The decision and award of the Arbitrator shall be final and binding on the parties.
III. ALLEGED RECURRENCE OR AGGRAVATION OF PRIOR INJURY
1. In the event that the employee or the Department alleges that an injury is a
recurrence or aggravation of a prior injury,the procedures set forth in Section II shall be
implemented.
2. The employee shall submit to the Town Attorney's Office and Accounting Office
any previously unsubmitted health care provider(s)report(s)upon which the employee intends to
rely at the hearing immediately upon receiving same from the care provider. If a direct causal
relationship is found between the alleged recurrence or aggravation of a prior injury, and the
prior injury that was designated by the Town as a GML 207-c injury, then the application shall
be granted, provided the Arbitrator otherwise finds the employee entitled to GML 207-c benefits
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as set forth in Section II. If no relationship is found, then the claim shall be treated as an initial
injury and the matter shall be processed pursuant to Section II.
IV. TERMINATION OF BENEFITS/RETURN TO DUTY
1. The Town may review cases of employees receiving GML 207-c benefits for the
purpose of determining whether the employee continues to be entitled to those benefits and in
furtherance thereof may take action as is appropriate under the law.
2. Any employee who is receiving benefits under GML 207-c continues to be
subject to rules and regulations of the Department.
3. Upon receipt of a certification from the Town-designated physician that an
employee is able to perform some or all of the duties of his or her position, or upon receiving
information wherein the Department asserts that the employee is no longer eligible for 207-c
benefits,the Town shall notify the employee of same, by serving a written notice of proposed
termination, setting forth the effective date thereof and a copy of the physician's certification,
upon the employee by regular mail and certified mail, return receipt requested. The effective
date may be no sooner than 48 hours after notification. A copy shall also be delivered to the
Accounting Department and the Town Attorney.
4. If the employee disagrees with the Town's determination,he or she shall
commence an appeal pursuant to the procedures outlined in Section II (10). While pending, the
employee shall remain on GML 207-c status. However, if more than 60 calendar days elapse
from the effective date of the Town's notification to the employee and the final resolution of the
dispute, any time in excess of the 60 day period shall be charged against the employee's;accrued
leave time; except that, if the employee in good faith indicates that he/she is ready,willing and
able to go forward on a day or days agreed upon by the arbitrator and counsel for the employee
and Town and, in fact, goes forward and presents his/her case within that 60 day period, or a
scheduled arbitration hearing is adjourned at the request of the Town or the arbitrator,than the
60 day period shall be extended to 90 days. Regardless of whether the employee is in a paid
leave or no-pay status,the only benefit-the employee shall receive during the pendency of the
hearing process is holiday compensation. In the event that the employee's GML 207-c status is
confirmed when the matter is finally resolved, any leave time used as a result of the operation of
this provision shall be recredited to the employee.
5. Any arbitrator selected to hear a case under this Section must agree to hear the
case within 30 days of the date of selection and render an opinion within 30 days thereafter.
V. OTHER PROVISIONS
1. In the event that any portion of this procedure is invalidated by a decision of a
tribunal of competent jurisdiction, then that portion shall be of no force and effect, but the
remainder of this procedure shall continue in full force and effect. In this event, either the
1
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Association or the Town shall have the right immediately to reopen negotiations with respect to a
substitute for the invalidated portion.
2. An employee may have an attorney of his or her choice or an employee of the
Department as his or her representative at any stage of this procedure, provided there is no
unreasonable delay.
3. Evidence pertaining to an employee's application for benefits pursuant to the '
Workers' Compensation Law, including whether the application was controverted, granted or
denied, shall not be given any preclusive effect in any stage of this procedure, but shall be
admissible as evidence to be given the weight deemed appropriate by the Arbitrator.
4. This procedure shall take effect on August 8, 2006 and shall apply to any claim of
entitlement to or use of GML 207-c benefits made after that date. In the event a proposed"new"
utilization of GML 207-c benefits after this date is based on an injury that allegedly occurred
prior to August 8, 2006,the employee shall comply with the terms of Section III of this
procedure within 30 days after the date of the"new" injury. After the filing of the application
form,the claim for utilization of GML 207-c based on a,\pre-August 8,2006 injury shall be
decided in accordance with Section III.
5. All benefits presently being provided by practice for employees on GML 207-c
and/or workers' compensation status will be terminated after the employee has been absent from
work for a total of 12 months' absence,retroactive to the date on which the absence began.
However, there will be no claw back of benefits paid prior to November 22, 2016. This
determination does not affect salary and longevity which will continue, by law,while the officer
is on GML 207-c and/or workers' compensation.
SECTION 5. NOTICE OF PROMOTIONS
5.1 Notice of all promotional positions within the PBA unit shall be posted on available
bulletin boards at Police Headquarters, and all employees shall be given an opportunity to make
application for the positions.
5.2 An employee who is scheduled to take a Town police-related departmental promotional
examination shall be entitled to eight consecutive hours' off-duty prior to the scheduled time of
the examination provided:
a. That the employee is scheduled for the tour immediately prior to the time of
commencement of the examination.
b. The off-duty time shall be with pay.
SECTION 6. VACATIONS
L
6.1 The Town has adopted the following vacation schedule:
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a. Start through first year- five working days.
b. Second through fifth year- 16 working days.
C. Sixth through 10th year- 19 working days.
d. 11th through 15th year- 22 working days.
e. 16th through 20th year-28 working days.
6.2 Members shall not be entitled to accumulate more than 50%of their unused vacation
from year to year. The balance of vacation leave may be accumulated as set forth above and
payment made upon reasonable notice in accordance with this Section.
Requests for payments in excess of$5,000 must be in writing and submitted to the Town
prior to September 1 of the year preceding the year in which payment is to be made, with the
exception of the last year of work prior to retirement when no notice is required.
Notwithstanding the above, however, an employee shall only be allowed to carry over a
maximum of eight unused vacation days in the following calendar year for purposes of additional
vacation only. An employee who has accumulated unused vacation days may apply only eight of
those days to the following year's schedule. Under no circumstances shall an employee be
entitled to actually take more vacation days than is provided for in Section 5.1 a. through 5.1 e.
above, with the exception that an employee may add an additional eight days from the previous
year. For example, an employee may not take more than 24 actual vacation days in his/her
second through fifth year, 27 in his/her sixth through 10th, 30 in his/her 11th through 15th and
35 in his/her 16th through 20th.
6.3 Employees who so desire may volunteer to work, if acceptable to the Department, during
their annual vacations. This workwill be compensated at straight time, unless an employee
works in excess of eight hours. Volunteers may be assigned to any normal police duties.
6.4 An employee, if transferred not by choice from one squad to another, shall have the right
to maintain his/her previously selected vacation.
6.5 If any employee is on his/her first week of vacation and is outside the Town, and is
recalled from vacation to active duty,he/she shall be given credit for an additional five days'
vacation time. The employee shall also be paid for his/her necessary travel expenses incurred in
returning to active duty.
6.6 An employee on vacation may sign out on sick leave if sickness or injury occurs while on
vacation and he/she is confined to his/her residence or is hospitalized. Sickness is to be verified
by physician's certificate. Time of sickness or injury shall not be charged to vacation time of
employee, but shall be charged to sick leave.
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6.7 Employees with more than one year of service in the Department shall be permitted to
divide their vacation time into a maximum of 10 one day segments, provided that the Chief of
Police, or his/her designee,receives sufficient notification to arrange for rescheduling of tours of
duty. Vacation time, other than one day segments, shall be scheduled on the basis of seniority, in
the following manner:
a. First selection-on the basis of seniority within rank, all employees shall select
the time of their vacation.
b. Second selection - after all employees have made a first selection as provided in
paragraph a above,those employees who have elected to divide their vacation time shall make a
second selection based on seniority within rank.
C. Third selection -after making the second selection, as provided in paragraph b
above,the employees with remaining vacation periods due them shall make a final selection of
time when the remainder of their vacation shall be taken, based on seniority within rank.
d. Two sergeants may take their vacation at the same time, provided that this is
approved by the Chief or officer in charge, and further provided that it does not result in
overtime being paid to other members of the Department.
e. One employee from each squad may be on vacation at the same time.
6.8 Between Memorial Day and Labor Day, an employee's total vacation picks may not
exceed seven days. This shall not in any way affect an employee's ability to request and take
single vacation days during this same period.
SECTION 7. LEAVE OF ABSENCE, SICK DAYS, CHILD CARE AND HOLIDAYS
7.1 Leave of absence without pay shall be granted to employees in accordance with the
provisions of Rule 18 of the Rules of Classified Civil Service of Suffolk County and the
provisions of Section 243 of the Military Law of the State of New York.
7.2 a. All employees shall be entitled to 15 sick days in each calendar year. Unused sick leave
may be accumulated up to a maximum of 300 days. Upon retirement, each employee shall be
entitled to be compensated for the value of 100%of the first 200 days of his/her accumulated
unused sick leave, or any portion thereof. Additionally, an employee shall be entitled to receive
payment for an additional 40 unused sick days beyond the 200 day maximum at the rate of one
day of pay for each two days of unused sick leave. For all employees hired on or after August 8,
2006, sick leave shall be earned at the rate of one day per completed calendar month of service,
to a maximum of 280 days. Unused sick leave shall be paid for the first 40 days and additional
payment shall be made at the rate of one day of each three accumulated over 40 up to a
maximum total payment of 120 days. The Town Board shall be the option to pay the same to the
employee, either in a lump sum payment at the time of the employee's retirement or in regular
payroll payments immediately prior to retirement.
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7.2 b. The Chief of Police, in the exercise of his/her discretion, may request a written
physician's certificate in all cases where an employee is absent by reason of illness, the cost
thereof to be paid by the Town.
7.2 c. When an employee, due to illness, fails to complete a tour of duty,the remaining amount
of time left in that tour shall be deducted from the employee's sick leave.
7.2 d. An employee may use up to five days"sick leave"per calendar year in the event that an
employee's spouse or immediate family living in the household cannot take care of him/herself
or take care of the children of the employee for which the employee.has the responsibility of a
parent or guardian. To be entitled to leave, the employee must furnish proof of incapacitating
illness and of the employee's responsibility as a parent or guardian.
7.2 e. An employee may receive payment during the month'of December for up to three unused
sick leave days if the employee submits a request in writing to the Town by on or before
November 15 of that year.
7.3 An employee shall be granted a leave of absence not exceeding two years without pay for
a child care leave attendant to either the birth of a child or the adoption of a child under the age
of five. The employee, upon the expiration of the period of leave of absence, shall be restored to
the same or comparable position of employment, if available. The Town shall continue the
employee's major medical/hospitalization benefits for a period of three months beyond normal
entitlements during the leave. Thereafter, at the option of the employee,the employee shall be
entitled to continue the benefits at the employee's own expense.
7.4 a. Each employee shall be entitled to receive equivalent time off or receive compensation in
lieu of the equivalent time off for the following holidays, whether or not the employee was
required to report for duty on these days: New Year's Day; Martin Luther King, Jr. Day;
Presidents' Day;Easter Sunday; Memorial Day; Independence Day; Labor Day; Columbus Day;
Election Day; Veteran's Day; Thanksgiving Day; Christmas Day.
7.4 b. Employees who actually work on a designated holiday shall receive four hours of
additional compensation for working that particular holiday.
7.5 For the purpose of implementing the provisions of Section 7.4, on January 1St of each
year, each employee will be credited with the total number of holidays to which he/she is entitled
for the ensuing year. On or before December 1St.of each year,the Police Department shall
prepare and submit to the Supervisor a schedule indicating the total number of holidays that each
employee is entitled to for the year,the total number of holidays charged against each employee
for the year and the total number of holidays remaining due to the employee. On or before
December 15th of the year,the Town shall pay to each employee a sum equal to the number of
holidays remaining due to each employee. An employee who separates from service after he/she
received the benefits of this Section, and prior to a holiday for which he/she has been
compensated, shall have deducted from his/her final payroll check an amount equivalent to the
compensation received for the holiday.
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7.6 Employees,shall be entitled to be absent from duty without pay at a time and for a
duration as the Chief of Police or officer in charge may in his/her discretion approve for the
purpose of attending business affairs.
7.7 a. Employees shall be entitled to five days' personal leave of absence with pay each year
starting on the employee's anniversary date for the purpose of attending to personal matters,
provided that the time of taking the leave shall be approved by the officer in charge.
7.7 b. If an employee submits his/her request for a personal day at least five days prior to that
day, no reason for the leave shall be required.
7.7 c. If the request is received fewer than five days prior to the requested day,the reason
justifying the need for the personal day shall be submitted. However, permission for a personal
leave day shall not be withheld if there are adequate personnel available to fulfill the staffing
needs of the Department.
7.8 An employee, on application of his/her commanding officer, shall be granted four
continuous days, including scheduled days off with full pay, in case of death in his/her
"immediate family,"which shall be defined as spouse, child, father, stepfather, mother,
stepmother, brother, sister, parent-in-law, son-in-law and daughter-in-law. An employee shall be
granted one working day off to attend the funeral of his/her grandparent, brother-in-law, sister-
in-law, foster parent, foster child, niece, nephew,uncle, aunt, half-brother or half-sister.
Grandparents and foster parents shall be included among those for whom four days' death leave
is allowable if it is necessary, if the employee attends the funeral and he/she has demonstrated to
the commanding officer that there has been a sufficiently close relationship that he/she would
normally be expected to need that amount of time away from work, including time for travel to
the funeral.
7.9 The PBA President shall be entitled to 25 paid leave days per year, in addition to the
various leave benefits provided for in this contract, for the purpose of attending PBA meetings,
conventions and other like commitments. Seven of these days may not be taken on the same day
as any other released time granted pursuant to this paragraph. If, for whatever reason, the
President is unable to attend these functions, he/she may delegate the Vice President or the
Secretary/Treasurer as the President's representative. The Suffolk County Police Conference
Director shall be entitled to three paid leave days per year to attend the various conference
functions. The Chief shall continue to have the right to deny a request for paid leave days due to
Departmental needs.
7.10 The PBA shall designate a maximum of two of its members, in advance, to attend any
formal negotiation session with the Town, or its representative. In the event any designated
member is scheduled to work on the calendar day of the schedule, negotiating session,the
member shall be excused from his/her tour of duty for that calendar day, but shall be deemed to
be on duty for all other purposes. This shall in no way limit the actual number of representatives
attending and/or participating in any negotiating session, but shall only limit those being paid
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during their attendance. For purposes of this section, the calendar day shall include the day -
before a midnight tour or the day after the midnight tour.
7.11 a. The existing duty chart of three rotating tours of duty(i.e., 8:00 A.M. to 4:00 P.M.; 4:00
P.M.to 12:00 Midnight; and 12:00 Midnight to 8:00 A.M.) shall be continued. Members shall
have the right to choose two paid leave days("RDO's")per cycle on a seniority basis within the
Southold Police Department. A cycle shall be defined as one complete set of three tour rotations.
The duty chart shall be 239 days per year. Employees appointed after January 30, 1996, for the
first two years of their employment only, shall work 260 days per year. The parties shall
continue their negotiations about the Town's proposals for a new duty chart(s), including the
hours of work. A committee shall be established for the purpose of doing so, composed of no
more than three representatives designated by the Town and three representatives designated by
the PBA. It is understood that criteria and other matters that are not terms and conditions of
employment shall not be subject to the jurisdiction of this committee within six months from
April 18, 2023. The committee's results are subject to bilateral,written agreement,ratification
and approval.Nothing contained in this paragraph, nor any action or inaction of the committee,
nor any statements made in committee meetings,will be subject to;the grievance procedure or to
any PERB, court proceeding or other third party review.
7.11 b.At the discretion of the Chief of Police, a new patrol squad of full-time police officers
may be established to work two rotating tours (i.e., 8:00 A.M.to 4:00 P.M.;4:00 P.M.to 12
Midnight). The assignment of officers to this squad shall be as follows. Not fewer than one-half
of the squad members who volunteer for the assignment shall be assigned by seniority, provided
they meet or exceed the performance standards, and qualifications, set by the Chief. The
remaining assignments shall be made by the Chief, utilizing the same criteria. A member may be
removed from this assignment if deemed as not meeting either or both of these criteria. In this
event,the employee may request a review by a four member labor-management committee
consisting of the Chief'of Police and his/her designee along with the PBA President and his/her
designee,which shall meet upon written request to monitor/discuss the matters pertaining to this
new squad. The Town and PBA may agree in writing at,any time upon any additional terms and
conditions of a new patrol squad tour/shift established by the Chief pursuant to this paragraph.
7.12 The Town shall have the option of assigning personnel to a split shift in accordance with
this section. The split shift shall be of one continuous eight hour period spanning the late
evening to the early morning hours. Personnel for the split shift shall be reassigned from the 12
to 8 shift. An employee shall be'notified and assigned to the split shift at least one week prior to
the commencement of the assignment. Assignment of personnel to the split shift shall at no time
create a below minimum Staffing situation (three police officers and a sergeant) upon any shift.
Shortage of personnel for the 12 to 8 shift will be covered by the assignment of additional
personnel on overtime. Assignments to the split shift shall be by seniority on a rotating basis.
Employees assigned to the split shift in the manner and as described herein shall not be entitled
to overtime pay or change of tour compensation otherwise payable.
7.13 Police Officers shall be permitted to switch tours of duty provided that it:
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a. is approved in writing by the Chief or designee.
b. does not result in any increased costs to the Town.
C. does not disrupt normal police operations.
7.14 Insofar as its practicable, any change in relief officer scheduling will be done in writing
no less than 96 hours in advance of the change and insofar as is practicable, the relief officer
shall receive his/her work schedule not less than 10 days prior to the end of the previous month.
SECTION 8. RETIREMENT BENEFITS
8.1 The Town has made the provisions of Section 384-d of the Retirement and Social
Security Law(optional twenty year retirement plan),New York State Retirement Plan Section
375(i), Section 384 subdivision (f)and (g) of the Retirement and Social Security Law(1/60th
increased pension), Section 384 subdivision(e) of the Retirement and Social Security Law
("1/60th Bill", 1989 Session Laws Chapter 453), and Chapter 950 of the Laws of 1970 (twelve
(12) months' final average salary) applicable to the employees, and taken the appropriate action
to assume the additional cost thereof. Employees who are required by their Tier placement to
contribute towards their pension will be required to do so.
8.2 In order to be paid for unused accumulated sick leave, the employee must notify the
Chief of Police in writing of the employee's intention to retire on a particular date. This
notification must be no less than 45 days prior to the date of the adoption of the budget, but in no
event later than October lst. The retiree shall receive the monies due under Section 7.2 a.,
provided that the required notice was given. If notice was not given,the payment will not be
lost, but shall become payable 30 days after the commencement of the fiscal year for which the
Town budgeted for the same or had the opportunity to do so. Time limits for notice may be
waived by the Town in its sole discretion. In the event of severe health or personal problems of
an employee, these requirements shall not apply. In the event of death,the notice requirements
shall not apply and the payment involved shall be made to the person or persons entitled thereto
as soon after death as is possible.
8.3 At the Chief's discretion, which shall not be unreasonably withheld, the Town agrees to
allow retiring employees to keep their issued service weapon at no cost to the employee.
SECTION 9. SALARIES
9.1 All newly hired employees who have been certified by the.Suffolk County Civil Service
Department or who may have previously been employed in another New York State Police
jurisdiction shall be placed at the first year salary step as set forth below, unless otherwise agreed
to by the parties hereto.
Police Officer- Salary Rates for Employees Hired
Before December 31, 2013
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1/l/2022 1/l/2023 1/l/2024
$ 129,695 $ 132,289 $ 134,935
Police Officer-Salary Rates for Employees Hired
On or After December 31, 2013
The salary schedule for police officers hired on or after December 31, 2013 and before
May 22, 2018 will consist of the following equidistant steps:
Period of Service 1/1/2022 1/1/2023 1/1/2024
First Year $ 52,639 $ 53,692 $ 54,766
Second Year $ 65,482 $ 66,792 $ 68,128
Third Year $ 78,325 $ 79,891 $ 81,489
Fourth Year $ 91,168 $ 92,991 $ 94,851
Fifth Year $ 104,011 $ 106,090 $ 108,212
Sixth Year $ 116,854 $ 119,190 $ 121,574
Seventh Year $ 129,695 $ 132,289 $ 134,935
The salary schedule for police officers hired on or after May 22, 2018 will consist of
the following equidistant steps:
J
Period of Service 1/1/2022 1/1/2023 1/1/2024
First Year $ 52,639 $ 53,692 $ 54,766
Second Year $ 62,271 $ 63,517 $ 64,787
Third Year $ 71,903 $ 73,341 $ 74,808
Fourth Year $ 81,535 $ 83,166 $ 84,829
Fifth Year $ 91,167 $ 92,990 $ 94,850
Sixth Year $ 100,799 $ 102,815 $ 104,871
Seventh Year $ 110,431 $ 112,640 $ 114,892
Eighth Year $ 120,063 $ 122,465 $ 124,913
Ninth Year $ 129,695 $ 132,289 $ 134,935
Sergeant and Lieutenant-Salary Rates
1/1/2022 1/1/2023 1/1/2024
Sergeant $ 152,514 $ 155,564 $ 158,675
Lieutenant $ 171,482 $ 174,912 $ 178,410
9.2 Detective Duty. Employees assigned to detective duty shall be paid additional salaries
during the period of their assignments, in the amounts set forth in this Section, which additional
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salaries shall not, however, be included in the employee's salary for purposes of determining
longevity pursuant to Section 10.
a. During the term of this Agreement:
(i) The annual sum of$700 during the first year of the assignment. Effective
January 1, 2023, this will be increased to $1,984.
(ii) The annual sum of$1,200 during the second year of the assignment.
Effective January 1,2023,this will be increased to $3,969.
(iii) The annual sum of$1,800 during the third year of the assignment.
Effective January 1,2023,this will be increased to $5,953.
(iv) An annual sum of$3,450 during the fourth and subsequent years of the
assignment. Effective January 1, 2023,this will be increased to $7,937.
b. Detectives assigned to the detective division shall receive additional
compensation at the rate of 1.5 hours' straight time for every eight hours on call. If, during the
assigned period, the detective is called to duty, he/she shall forego compensation under this
Section and be compensated consistent with Section 13.1.
9.3 Tour Differential
a. A $4,400 per annum amount as a tour differential shall be granted each employee
who works three tours around the clock or a steady night tour.
b. A $2,735 per annum amount as a tour differential shall be granted each employee
who works two rotating tours of duty.
C. If an employee who is not normally scheduled to work three rotating tours of duty
should, over the course of the calendar year, work 20% of his/her tours between 12:00 A.M., and
8:00 A.M.,the employee shall be entitled to full tour differential instead of partial differential.
9.4 D.A.R.E. Stipend
A Police Officer assigned as the D.A.R.E. instructor shall receive a yearly stipend of$1,000.
This stipend is not available to detectives or superior officers.
9.5 Payroll Periods
Effective with the first payroll period in 2019, and notwithstanding any contrary practice, salary
will be paid biweekly based on the number of weekdays in a year divided by 10.
9.6 IRC § 401(a)
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The PBA's proposal for an IRC Section 401(a) deferred compensation plan will be considered by
a labor-management committee composed of not more than three members selected by the Town
Board and not more than three members selected by the PBA. The Committee will meet within
30 calendar days of receipt of a written request by either party.Any decision made by this
committee will be binding upon the parties only when ratified via duly adopted resolution by the
Town Board. Criteria and other matters that are not terms and conditions of employment will not
be subject to the committee's jurisdiction.Nothing concerning the committee's jurisdiction,
discussions and results, or lack of same,will be subject to the contractual grievance and
arbitration procedures, PERB's improper practice, impasse or interest arbitration procedures, or
any other type of third party review.
SECTION 10. LONGEVITY PAY
10.1 All employees shall receive additional compensation based upon length of service as
follows:
a. Employees with at least 10 years but less than 15 years of service shall receive a
salary increase of 5%. Effective January 1, 2024, longevity pay will be increased to 5.37%.
b. Employees with at least 15 years but less than 18 years of service shall receive a
salary increase of 6%. Effective January 1, 2024, longevity pay will be increased to 6.37%.
c. Employees with 18 or more years of service shall receive a salary increase of
Effective January 1,2024, longevity pay will be increased to 7.37%.
d. This additional compensation shall commence on the first day of the month in
which an employee becomes eligible therefor.
SECTION 11. COLLEGE CREDIT
11.1 Employees shall receive additional compensation based upon successful completion of
police science sources qualifying for credit toward an Associate Degree in police science in an
accredited college or university as follows:
a. An employee successfully completing 30 hours shall receive a salary increase of
1% of base salary.
b. An employee who has received an Associate Degree in Police Science shall
receive a salary increase of 2%of base salary.
C. An employee requesting additional compensation as provided in this Section shall
present to the Supervisor a letter or certificate executed by an official of the college or university
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as proof of his/her eligibility therefor. Additional compensation shall commence on the first day
of the month after which the employee becomes eligible.
SECTION 12. HOSPITALIZATION
12.1 The Town agrees to make available to the employee the group health insurance plans
provided by the State of New York. The Town shall pay 100%of the premium applicable to
benefits afforded to both the employee and his/her dependents. Employees hired on or after
December 31, 2013 will contribute 15%toward the premium cost for individual or family health
insurance coverage, as applicable, including during their retirement. In the event of an
employee's death, the Town will pay the present hospitalization for a period of one year or for
the remaining term of this contract,whichever is longer after the death, on behalf of the
deceased's family.
Each employee will be entitled to enter into an individual contract with the Town(and to
be prepared by the Town consistent with the provisions of this paragraph) immediately prior to
the effective date of the employee's retirement into the New York State Police & Fire Retirement
System guaranteeing,consistent with the then applicable New York State Health Insurance Plan
(NYSHIP)Rules and Regulations,that the Town's percentage contribution to the premium cost
of the employee's retiree health insurance benefit will be at the same percentage that was in
effect for the employee immediately prior to the effective date of the employee's retirement,
until Medicare becomes the employee's primary insurance coverage by operation of law.
12.2 Health Insurance Declination Bonus. Employees may opt out of the health insurance
program in whole or in part for a full year by completing the appropriate form furnished by the
Town. An employee opting out of the health insurance program in whole or in part shall be paid
50%of the premium savings,provided the employee maintains the employee's waiver(remains
out) for a full year. Payments shall be subject to all usual payroll deductions and shall be made
on or about December 15 of each year.
An employee electing to waive coverage must do so by submitting to the Town
documentation showing that he/she has health insurance coverage other than through the New
York State Health Insurance Plan(NYSHIP) and by filing his/her form no later than November
30 in any year,with the provisions of this section taking effect on the next January 1. Effective
February 28, 2017,the phrase"other than through the New York State Health Insurance Plan
(NYSHIP)"will be deleted when and if NYSHIP Policy Memorandum 122r3 is finally vacated
or set aside by the New York Court of Appeals or superseded by duly enacted New York State
legislation. Once a waiver form has been filed with the Town,the waiver shall continue to be in
effect from year to year thereafter until the employee elects to reenroll and the employee shall be
entitled to the applicable payment for waiver for each full year his or her waiver is in effect.
It is understood that, once an employee has waived coverage for a particular year,the
employee may not reinstate coverage for that year except in the event of a qualifying event as
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defined by Internal Revenue Code Section 125. The employee must provide the Town with
adequate documentation establishing that a qualifying event occurred.
Reinstatement of coverage for the succeeding year may be made by notifying the Town
in writing no later than November 30 to be effective the succeeding fiscal year. This deadline
shall not apply to reinstatement of insurance due to a qualifying event as provided for in the
above paragraph, but the reinstatement shall be subject to whatever requirements or deadlines are
imposed by the State health insurance program. If reinstatement occurs during a waived year
due to emergency,the employee will repay, prorata, any amount already forwarded to the
employee in return for the waiver, by payroll deduction.
SECTION 13. COMPENSATION FOR COURT ATTENDANCE AND OVERTIME WORK
13.1 In the event that an employee is required to be present in any court proceeding as a
witness during off-duty hours, or is called in to work during his/her normal time off,the
employee shall be compensated at the rate of 1'/z times the normal rate of salary or, at the option
of the employee, shall be given compensatory time off at the same rate. Employees,when
required to perform duty as provided in this Section shall receive a minimum of four hours'
compensation at their normal rate of salary. Proof of time spent for Court appearances shall be
certified to the Justice or Clerk of the Court and filed by the employee with the Supervisor.
13.2 When an employee is required to be on duty beyond his/her normal tour,he/she shall be
compensated at one and one-half times the normal rate of pay or compensatory time at the same
rate.
13.3 Overtime worked between January 1St and May 31St shall be paid on June 15th. Overtime
worked between June lst and November 15th shall be paid on December 1St. Any unpaid
overtime accrued from November 15tH to December 31St shall be paid on January 15tH
13.4 A request for payment for overtime is to be submitted as part of a timely submitted
biweekly time sheet and shall be paid as part of the next biweekly paycheck.
SECTION 14. DEATH OF EMPLOYEE
14.1 The Town agrees to continue to provide the death benefits provided by Section 208-b of
the General Municipal Law.
14.2 The Town agrees that any and all benefits to which an employee is entitled at the time of
his/her death shall be paid to his/her estate as soon as possible after his/her death.
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SECTION 15. BENEFIT PLAN
15.1 Dental/Optical Insurance Benefits
The Town shall provide the Employees with the CSEA Package 7 Benefit Plan that is
provided for CSEA unit members, pursuant to the same terms, conditions, and contribution
levels, if any, as exist from time to time for those members.
15.2 AFLAC
The Town shall provide employees with voluntary payroll deduction options for the
Aflac Personal Cancer Plan Policy and the Aflac Personal Accident Expense Policy at no cost to
the Town. Prior to availing him/herself of an Aflac payroll deduction benefit,the employee must
execute an agreement, prepared by the Town, pursuant to which the employee shall agree to
indemnify and save and hold harmless the Town and any of its employees, representatives and/or
officers (collectively "employees") against any and all claims, demands, suits or other forms of
liability that may arise out of or by reason of any action taken or not taken by the Town or any of
its employees for the purpose of complying with this provision.
SECTION 16. EMPLOYER-EMPLOYEE RELATIONS AND GRIEVANCE PROCEDURE
16.1 The Town agrees to establish a committee to meet when necessary with a similar
committee to be established by the PBA for the purpose of dealing with employee grievance and
working conditions and other matters as affect the Department and its employees.
16.2 Any non-disciplinary grievance arising out of the interpretation of this Agreement shall
be resolved by the following procedure.
Step 1:The employee shall, within 10 days of an occurrence that is alleged to have violated the
Agreement, or within 10 days of his/her discovering the occurrence, submit his/her grievance in
writing to the Chief of Police. The Chief of Police shall issue a written reply to the grievance
within 10 days of its receipt. The employee shall have the right to proceed to the next Step in the
event that a timely decision is not rendered.
Step 2:Within 10 days of receipt of the Chief s written reply or within 10 days of the date on
which the reply should have been issued,the employee may appeal to the Police Commissioner.
Failure to appeal on a timely basis shall be deemed.to be a withdrawal of the grievance. The
Police Commissioner shall consider the grievance and issue a written reply within 10 working
days of receipt of the appeal.
Step 3: In the event that the PBA is not satisfied with the Step 2 decision, or in the event that a
Step 2 decision is not timely rendered,the PBA may submit the grievance to binding arbitration
by filing a request for same, on written notice to the Town Attorney's office, within 10 working
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days. Failure to appeal on a timely basis shall be deemed to be a withdrawal of the grievance.
The arbitrator shall be selected by, and the hearing conducted pursuant to, PERB's arbitration
rules.
SECTION 17. DISCIPLINE AND BILL OF RIGHTS
17.1 The parties agree that they will comply with the applicable provisions of law with respect
to disciplinary matters involving the employees.
17.2 All members covered by this Agreement shall be entitled to the protection of what shall
be hereafter termed the"Bill of Rights."
a. .All charges or actions taken against an employee covered by this Agreement that
may lead to disciplinary measures must be made in writing and signed by the Complainant.
b. The employer has established the following procedures to govern the conduct and
control of internal police investigations.
The wide ranging powers and duties given to the Town Police Department and its members
involve them in all manner of contacts and relationships with the public. Out of these contacts
come many questions concerning the actions of employees. These questions often require
immediate investigations by the employer or its designee, usually the Police Chief or other
superior officer. In an effort to ensure that these investigations are conducted in a manner which
is constructive to good order and discipline,the following procedures shall be followed:
(1) The interrogation of an employee shall be at a reasonable hour, preferably when
the employee is on duty, unless the exigencies of the investigation mandate otherwise. Where
practicable, interrogations should be scheduled for the day time and the reassignment of the
employee to the day shift shall be employed. If overtime as herein above defined, is incurred by
reason of the interrogation, the employee shall be given overtime compensation as set forth in
this Agreement.
(2) The interrogation shall take place at a location designated by the investigating
officer. Usually it will be at the command,to which the investigating officer is assigned or at
Police Headquarters.
(3) If an employee is directed to leave his post and report for interrogation to another
location, his/her immediate supervisor and the radio desk shall be promptly notified of his
whereabouts.
(4) The employee shall be informed of the rank, name and command of the officer in
charge of the investigations, as well as the rank, name and command of the interrogating officer
and of all persons present during the interrogation, and shall be advised of the right to an
adjournment in order to have counsel and/or Association representative present.
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(5). The employee shall be informed of the nature of the investigation before any,
interrogation commences, including the name of the complainant. The address of the
complainant and/or witness need not be disclosed;however, sufficient information to reasonable
apprise the employee of the allegations shall be provided.
(6) The questioning shall not be overly long. Reasonable respites shall be allowed.
Time shall also be provided for personal necessities,meals,telephone calls and rest periods, as
are reasonably necessary.
(7) The employee shall not be subjected to any offensive language, nor be,threatened
with transfer, dismissal or other disciplinary punishment. No promises or reward shall be made
as an inducement to answering questions.
(8) The complete interrogation of the employee shall be recorded mechanically or by
a stenographer. All recesses called during the questioning shall be recorded. The employee or
his/her counsel shall be entitled to a copy of the tape recording and/or a transcript of the
stenographic record within a reasonable time after the interrogation.
(9) The law imposes no obligation, legal or otherwise, on the Department to provide
an opportunity for an employee to consult with counsel or anyone else when questioned by a
Superior Officer or employer about his/her employment or matter relevant to his/her continuing
fitness for police service. Nevertheless, in the interest of maintaining the usually high morale of
the Police Department,the employer shall advise the employee and afford an opportunity for the
employee, if he/she so desires,to consult with counsel and/or with a representative of the
Association before being questioned concerning a serious violation of law or the Rules and
Procedures, provided the interrogation is not unduly delayed. However, in hose cases,the
interrogation may not be postponed for purposes of consultation past 10:00 A.M. of the day
following the notification of interrogation. The employee shall have the right to have counsel
and/or an Association representative present to assist during the interrogation.
SECTION 18. PERSONNEL RECORDS
18.1 Any employee shall be entitled to examine his/her personnel file upon making request
therefor to the Chief of Police, or other officer in charge, in his/her absence.
18.2 Upon request, any employee shall be furnished with a copy of any non-confidential
material in his/her personnel file.
18.3 Only one employee personnel file shall be maintained that shall contain all material
with respect to the employee.
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18.4 No material derogatory to an employee, his/her conduct, character or service shall be
placed in his/her personnel file unless he/she has been given an opportunity to examine it and
affix his/her signature thereon, which signature shall indicate that the employee has examined it
and shall not be deemed to indicate that the employee in any way consents or agrees with the
contents. The employee may place in the personnel file a written answer to any derogatory
material in the file within 10 working days after receiving notification of the proposed inclusion
of the material in the file.
18.5 If an employee is the subject of charges and specifications by an administrative hearing
or a Court of competent jurisdiction,the only documents to be placed in the employee's
personnel file shall be the charges and specifications, the hearing record and related evidence and
the final adjudication thereof. Upon the consent of the employee, the PBA, upon request, should
be advised of the status, progress and outcome of this matter.
SECTION 19. AMENDMENTS
19.1 Any changes or amendments to this Agreement shall not become effective unless the
same are in writing signed by the parties and ratified by a duly adopted Town Board resolution.
SECTION 20. NO STRIKE PLEDGE
20.1 The PBA does hereby affirm that it does not assert the right to strike against any
Government nor to assist or participate in any strike, or to impose any obligation,to conduct,
assist or participate in a strike.
SECTION 21. UNIFORM CLEANING AND UNIFORM EQUIPMENT ALLOWANCE
21.1 The Town agrees to pay the entire cost of dry cleaning of all wearing apparel in
connection with the police uniforms except washable items. The Town shall select an
appropriate dry cleaning service. The employee shall use the cleaning service selected by the
Town.
21.2 Employees assigned for uniformed duties shall have available the annual sum of$700
as a uniform and equipment allowance.
21.3 Employees assigned to a non-uniformed duties shall have available the annual sum of
$1,000 as a clothing and equipment allowance.
21.4 Any unused allowance as outlined above will be credited to next year's clothing
allowance, but may not be accumulated beyond the subsequent year.
21.5 Dive Team Uniform and Equipment Allowance. Not more than five employees
designated by the Chief as members of the Dive Team and who are certified divers shall receive
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the annual sum of$600,to be prorated by complete months assigned during the year, as a stipend
to be paid in December.
SECTION 22. LEGISLATIVE APPROVAL
22.1 IT IS AGREED BY AND BETWEEN THE PARTIES THAT ANY PROVISION OF
THIS AGREEMENT REQUIRING LEGISLATIVE ACTION TO PERMIT ITS
IMPLEMENTATION BY AMENDMENT OF LAW OR BY PROVIDING THE
ADDITIONAL FUND THEREFOR, SHALL NOT BECOME EFFECTIVE UNTIL THE
APPROPRIATE LEGISLATIVE BODY HAS GIVEN APPROVAL.
SECTION 23. APPORTIONMENT OF BENEFITS
23.1 In the event that the employment of an employee is terminated by reason of retirement,
resignation or other cause, all benefits provided herein shall be prorated up to the date of
termination.
SECTION 24. ADDITIONAL COMPENSATION
24.1 In the event an employee is entitled to additional compensation for Court attendance,
overtime work or other purposes, the rate of compensation shall be based upon 239 days or 260
days, whichever number of days per year the employee is assigned in accordance with Section
7.11(a).
SECTION 25. STAFF MEETINGS
25.1 The employees agree that the Chief of Police shall have the right to schedule not more
than three,with no more than one meeting per trimester, staff meetings of the employees with the
rank of sergeant and above in each calendar year for periods not to exceed three hours each, for
which no compensation shall be paid to the employees, at which meetings police matters may be
considered.
SECTION 26. ETHICS DISCLOSURE
26.1 The Lieutenant and Administrative Officer must comply with the disclosure
requirements set forth in the Town of Southold Ethics Law.
SECTION 27. CANINE UNIT
27.1 In the event that the Town creates a canine unit,the PBA shall have the right to make a
timely request that the Town engage in impact negotiations regarding the terms and conditions of
employment for employees assigned to that unit.
27.2 An employee assigned to the Canine Unit who has the responsibility of caring for a dog
shall be compensated for work done off-duty for the care and maintenance of the dog at a
prorated amount of$7,012 per year. This stipend shall be increased by the same percentage
increases as base raises in 2005, 2006 and 2007.
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SECTION 28. TERM OF AGREEMENT
28.1 The term of this Agreement shall be three years,to become effective January 1, 2022
and terminate on December 31,2024.
SECTION 29. CIVIL SERVICE LAW SECTIONS 71 AND 73 PROCEDURE
Effective April 18, 2023,the attached procedure will be implemented. (See Appendix
A.)
IN WITNESS WHEREOF,the parties hereto have set their hands and seals this
day of 2023.
SOUTHOLD T WN POLICE TOWN OF SOUTHOLD
BENEVOLEN SOCIATION,INC.
By: By:
Presi ent Supervisor
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APPENDIX"A"
CIVIL SERVICE LAW SECTIONS 71/73 PROCEDURE
1. This procedure will be effective on April 18, 2023.
2. By no later than 20 calendar days following an employee's absence as a result of
a disability resulting from occupational injury or disease as defined in the New York Workers'
Compensation Law, the Town will, using the form attached hereto as Exhibit"A," notify the
employee that the employee may be separated from service pursuant to Civil Service Law §-71.
The notice will be sent by regular mail and certified mail, return receipt requested, to the
employee's home address on file with the Town.
3. By no later than 20 calendar days following an employee's absence as a result of
a disability, other than a disability resulting from occupational injury or disease as defined in the
New York Workers' Compensation Law,the Town will, using the form attached hereto as
Exhibit`B,"notify the employee that the employee may be separated from service pursuant to
Civil Service Law § 73. The notice will be sent by regular mail and certified mail, return receipt
requested, to the employee's home address on file with the Town.
4. Following the issuance of the notice described in paragraphs "1" and"2," and
retroactive to the first day of the employee's absence, the employee will be deemed to be on an
unpaid Section 71 or 73 leave of absence. An employee may use his/her accrued leave time
during the absence, in the following order: (1) sick leave; (2)vacation leave; (3) personal leave;
(4) other.
5. By no later than 30 calendar days prior to the expiration of the employee's
Section 71 leave of absence,the Town will, using the form attached hereto as Exhibit"C,"
remind the employee that the employee may be separated from service pursuant to Civil Service
Law § 71. The notice will be sent by regular mail and certified mail, return receipt requested,to
the employee's home address on file with the Town.
6. By no later than 30 calendar days prior to the expiration of the employee's
Section 73 leave of absence,the Town will, using the form attached hereto as Exhibit"D,"
remind the employee that he/she may be separated from service pursuant to Civil Service Law §
73. This notice will be sent by regular mail and certified mail, return receipt requested,to the
employee's home address on file with the Town.
7. !If the employee does not challenge the proposed termination or the challenge is
unsuccessful,the employee's employment will be terminated effective on the date designated by
the Town. If the employee successfully challenges.the proposed termination,then the Town will,
using the form attached hereto as Exhibit"C" or"D," notify the employee of the new proposed
termination date.
8. The Town retains the right to make non-substantive changes to the Exhibits "A"—
"D" following notice to Association.
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9. In the event that an employee with then current General Municipal Law Section
207-c status is separated pursuant to Civil Service Law Section 71,the employee will retain the
employee's General Municipal Law § 207-c status, except as set forth in this procedure, for as
long as same is required pursuant to General Municipal Law § 207-c and the applicable case law
interpreting it.
10. In the event that an employee with then current General Municipal Law Section
207-c status is separated pursuant to Civil Service Law Section 71, and has not received an
ordinary or disability retirement pension, the employee will thereafter make him/herself
available, pursuant to the Town/PBA collective bargaining agreement("CBA") Section 4 for the
purpose of being examined by a Town-appointed physician to determine the employee's ability
to perform full duty,without restriction, as a Town police officer.
11. In the event that an employee with then current General Municipal Law Section
207-c status is separated pursuant to Civil Service Law Section 71, and has not received an
ordinary or disability retirement pension, and is at any time thereafter determined by a Town-
appointed physician to be able to return to full duty,without restriction, as a Town police officer,
the employee will be immediately thereafter notified,pursuant to the procedure set forth in CBA
Section 4(IV)that the employee's,General Municipal Law § 207-c status will be deemed
terminated as of a date selected by the Town following the notification. The employee will then,
if the employee so chooses, be permitted to appeal that determination, pursuant to the procedure
set forth in CBA Section 4(IV), and any related provision of Section 4 that is referenced therein.
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EXHIBIT A
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[ON SUPERVISOR'S LETTERHEAD]
(INSERT DATE)
BY FIRST CLASS AND CERTIFIED MAIL
RETURN RECEIPT REQUESTED
(INSERT NAME)
(INSERT ADDRESS)
Dear
As you are aware,you have been absent from work due to a work-related
(INSERT"illness"or"injury")as defined in the Workers' Compensation Law;
i.e., (INSERT GENERAL DESCRIPTION OF ILLNESS/INJURY) since
(INSERT DATE) and through today. Pursuant to New York Civil Service Law
Section 71, you are entitled to up to a one cumulative work year's (CHANGE TO TWO YEARS
IF ILLNESS/INJURY RESULTED FROM ASSAULT SUSTAINED IN THE COURSE OF
EMPLOYMENT) leave of absence due to this (INSERT"illness" or"injury").
After that time,however, this law grants the Town the right to terminate your employment.
You are hereby notified that your employment with the Town may be terminated
following one cumulative year's (CHANGE TO TWO YEARS IF ILLNESS/INJURY
RESULTED FROM ASSAULT SUSTAINED IN THE COURSE OF EMPLOYMENT) absence
resulting from this (INSERT"illness"or"injury") if you do not return to work
before that time because you will have been absent by that date in excess of one cumulative work
year as a result of your (INSERT"illness" or"injury").
You are advised that, if you are terminated,you may have an opportunity to be
reemployed by the Town. Civil Service Law Section 71 provides that, within one year after you
recover from your (INSERT"illness" or"injury"), you may apply to the Town
of Suffolk County Civil Service Commission for a medical examination to be conducted by a
medical officer selected by that Commission.If the medical officer certifies that you are
physically and mentally fit to perform the duties of a (INSERT CIVIL
SERVICE JOB TITLE),then you will be reinstated if there is a vacancy available as a
(INSERT CIVIL SERVICE JOB TITLE) at that time, or to a vacancy in a
similar position, or to a vacancy in a position in a lower grade in the same occupation. If no
vacancy exists at that time,you will be placed on a preferred eligible list for a position as a
(INSERT CIVIL SERVICE JOB TITLE), and will remain on that list for a
period of four years.
Finally, I strongly recommend that you review the Town/PBA collective negotiations
agreement, and consult with your Union and attorney,to determine if there are any other legal
rights to which you may be entitled.
If you have any questions about this letter, please direct them to me.
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Sincerely,
i
cc: PBA Unit President
Police Chief
Town Attorney
Accounting
Labor Counsel
29
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EXHIBIT B
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[ON SUPERVISOR'S LETTERHEAD]
(INSERT DATE)
BY FIRST CLASS AND CERTIFIED MAIL
RETURN RECEIPT REQUESTED
[INSERT NAME]
[INSERT ADDRESS]
Dear
As you are aware, you have been absent from work due to a non-work-related
(INSERT"illness" or"injury"); i.e., (INSERT GENERAL
DESCRIPTION OF ILLNESS/INJURY) since (INSERT DATE). Pursuant to
New York State Civil Service Law Section 73,you are entitled to up to a one consecutive year's
leave of absence; i.e., 365 days), due to this (INSERT"illness" or"injury").
After that time, however,this law grants the Town the right to terminate your employment.
You are hereby notified that your employment may be terminated as of
(INSERT DATE) if you do not return to work before that time, because you will have been
absent by that date in excess of one consecutive year as a result of your
(INSERT"illness" or"injury").
You are advised that, if you are terminated,you may have an opportunity to be
reemployed by the Town. Civil Service Law Section 73 provides that, within one year after you
recover from your (INSERT"illness" or"injury"), you may apply to the Suffolk
County Civil Service Commission for a medical examination to be conducted by a medical
officer selected by that Commission. If the medical officer certifies that you are physically and
mentally fit to perform the duties of (INSERT CIVIL SERVICE TITLE),then you
will be reinstated if there is a vacancy available as a (INSERT CIVIL SERVICE
TITLE) at that time, or to a vacancy in a similar position, or to a vacancy in a position in a lower
grade in the same occupation. If no vacancy exists at that time,yqu will be placed on a preferred
eligible list for a position as a (INSERT CIVIL SERVICE TITLE), and will
remain on that list for a period of four years.
Finally, I strongly recommend that you review the Town/PBA collective negotiations
agreement, and consult with your Union and attorney,to determine if there are any other legal
rights to which you may be entitled.
If you have any questions about this letter, please direct them to me.
Sincerely,
31
5/3/23
cc: PBA Unit President
Police Chief
Town Attorney
Accounting
Labor Counsel
32
5/3/23
EXHIBIT C
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5/3/23
[ON SUPERVISOR'S LETTERHEAD]
(INSERT DATE)
BY FIRST CLASS AND CERTIFIED MAIL
RETURN RECEIPT REQUESTED
(INSERT NAME)
(INSERT ADDRESS)
Dear
As you are aware, you have been absent from work due to a work-related
(INSERT"illness"or"injury")as defined in the Workers' Compensation Law;
i.e., (INSERT GENERAL DESCRIPTION OF ILLNESS/INJURY) since
(INSERT DATE). Pursuant to New York State Civil Service Law Section 71,
the Town has the right to terminate your employment when you have been cumulatively absent
from work for more than one work year(CHANGE TO TWO YEARS IF ILLNESS/INJURY
RESULTED FROM ASSAULT SUSTAINED IN THE COURSE OF EMPLOYMENT) due to
your (INSERT"illness" or"injury").
You are hereby notified that your employment may be terminated as of
(INSERT DATE; LETTER TO BE SENT NO LATER THAN 30 CALENDAR DAYS
BEFORE LEAVE EXPIRES). The bases for the decision are (INSERT BASES
FOR DETERMINING THAT EMPLOYEE HAS BEEN ABSENT FOR WORK-RELATED
ILLNESS; I.E., DOCTORS' REPORTS,NOTES;ETC.)
If you dispute the fact that you have been absent from work due to an
(INSERT"illness"or"injury") as defined by the Workers' Compensation Law, or the dates on
which you have been absent from work due to that (INSERT"illness" or
"injury"), or the fact that you have been cumulatively absent because of that
(INSERT"illness" or"injury") for more than one work year(CHANGE TO TWO YEARS IF
ILLNESS/INJURY RESULTED FROM ASSAULT SUSTAINED IN THE COURSE OF
EMPLOYMENT), you have the right to challenge my understanding of those facts. If you wish
to contest my preliminary decision to terminate your employment on these or any other bases
appropriate pursuant to Civil Service Law Section 71,you must follow the procedure set forth in
the Town/PBA collective negotiations agreement.
If do not timely challenge your proposed termination, then I will accordingly act
to tenninate your employment. You will then have the right to request a post-termination hearing
to contest the decision.
You should also be advised that you may have an opportunity to be reemployed by the
Town. Civil Service Law Section 71 provides that, within one year after the termination of your
(INSERT"illness" or"injury"), you may apply to the Suffolk County Civil
Service Commission for a medical examination by a medical officer selected by the
Commission. If the medical officer certifies that you are physically and mentally fit to perform
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the duties of a (INSERT CIVIL SERVICE TITLE), then you will be reinstated if
there is a vacancy available as a (INSERT CIVIL SERVICE TITLE) at that time,
or to a vacancy in a position in a lower grade in the same occupation. If no vacancy exists at that
time,you will be placed on a preferred eligible list for a position as a (INSERT
CIVIL SERVICE TITLE) and will remain on the list for a period of four years.
Finally, I strongly recommend that you review the Town/PBA collective negotiations
agreement, and consult with your Union and attorney, to determine if there are any other legal
rights to which you may be entitled.
If you have any questions about this letter, please direct them to me.
Sincerely,
cc: PBA Unit President
Police Chief
Town Attorney
Accounting
Labor Counsel
35
5/3/23
EXHIBIT D
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5/3/23
[ON SUPERVISOR'S LETTERHEAD]
(INSERT DATE)
BY FIRST CLASS AND CERTIFIED MAIL
RETURN RECEIPT REQUESTED
(INSERT NAME)
(INSERT ADDRESS)
Dear
As you are aware, you have been absent from work due to a non-work-related
(INSERT"illness" or"injury"); i.e., (INSERT GENERAL
DESCRIPTION OF ILLNESS/INJURY) since (INSERT DATE).Pursuant to
New York State Civil Service Law Section 73,the Town has the right to terminate your
employment when you have been consecutively absent from work for more than one work year
due to a non-work-related illness or injury. You are hereby notified that your employment may
be terminated as of (INSERT DATE; LETTER TO BE SENT NO LATER
THAN 30 CALENDAR DAYS BEFORE LEAVE EXPIRES).
The bases for the decision are (INSERT BASES FOR DETERMINING THAT
EMPLOYEE HAS BEEN ABSENT FOR NON-WORK RELATED ILLNESS; I.E.,
DOCTORS' REPORTS,NOTES; ETC.)
If you dispute the fact that you have been absent from work because of a non-work
related (INSERT"illness" or"injury"), or the dates on which you have been
absent from work due to that (INSERT"illness" or"injury"), or the fact that
you have been consecutively absent because of that (INSERT"illness"or
"injury") for more than one consecutive work year,you have the right to challenge my
understanding of those facts. If you wish to contest my preliminary decision to terminate your
employment on these or any other bases appropriate pursuant to Civil Service Law Section 73,
you must follow the procedure set forth in the Town/PBA collective negotiations agreement.
If you do not timely challenge your proposed termination, then I will accordingly act to
terminate your employment. You will then have the right to request a post-termination hearing to
contest the decision.
You should also be advised that you may have an opportunity to be reemployed by the
Town. Civil Service Law Section 73 provides that,within one year after the termination of your
(INSERT"illness" or"injury"), you may apply to the Suffolk County Civil
Service Commission for a medical examination by a medical officer selected by that
Commission. If the medical officer certifies that you are physically and mentally fit to perform
the duties of a (INSERT CIVIL SERVICE TITLE), you will be reinstated if there
is a vacancy available as a (INSERT CIVIL SERVICE TITLE) at that time, or to a
vacancy in a position in a lower grade in the same occupation. If no vacancy exists at that time,
you will be placed on a preferred eligible list for a position as a (INSERT CIVIL
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SERVICE TITLE) and will remain on the list for a period of four years.
Finally, I strongly recommend that you review the Town/PBA collective negotiations
agreement, and consult with your Union and attorney,to determine if there are any other legal
rights to which you may be entitled.
If you have any questions about this letter,please direct them to me.
Sincerely,
cc: PBA Unit President
Police Chief
Town Attorney
Accounting
Labor Counsel
38